10/20. The Senate Commerce Committee (SCC) amended and approved the "Digital Transition and Public Safety Act of 2005". The final vote was 19-3. See, SCC release. Also, the House Commerce Committee announced that it will mark up its version of a DTV transition bill during the week of October 24. See, HCC notice.

The SCC's bill language [PDF] sets a date of April 7, 2009 for the return of television broadcasters' spectrum in 700 MHz band now being used for analog broadcasting. 24 MHz of spectrum would be made available for public safety uses. 60 MHz would be for advanced wireless services.

Sen. John McCain (R-AZ) offered an amendment that would have moved up this deadline to April 7, 2007. He said that this issue pits the National Association of Broadcasters (NAB) against the first responders, and that first responders need an earlier deadline. He amendment failed on a roll call vote of 5-17.

This bill language also requires the Federal Communications Commission (FCC) to "auction of the licenses for recovered analog spectrum commencing January 28, 2008".

Sen. Ted Stevens (R-AK) (at right), the Chairman of the SCC, stated at the hearing that the SCC, under its budget reconciliation instruction, is required to raise $4.8 Billion in revenue in the next five years, including from this spectrum auction. He added that the Congressional Budget Office (CBO) estimates that these auctions will raise $10 Billion.

The bill language establishes a fund, titled the "Digital Transition and Public Safety Fund", into which auction proceeds shall be deposited. It then provides that the Secretary of Commerce "shall make payments from the Fund in the following amounts, for the following programs, and in the following order:
  (1) $3,000,000,000 for a program to assist consumers in the purchase of converter boxes that convert a digital television signal to an analog television signal, ...
  (2) $200,000,000 for a program to convert low-power television stations and television translator stations from analog to digital, ...
  (3) $1,250,000,000 for a program to facilitate emergency communications, of which $1,000,000,000 shall be used for an interoperability fund and $250,000,000 shall be used to implement a national alert system, of which $50,000,000 shall be used for tsunami warning and coastal vulnerability programs."

The SCC also approved at this meeting S 1753, the "Warning, Alert, and Response Network Act", a bill to create the national alert system. See, story in this issue titled "Senate Commerce Committee Approves WARN Act".

The bill language then goes on to provide for payments for a program to implement the ENHANCE 911 Act of 2004, and to "provide assistance to coastal States and Indian tribes affected by hurricanes and other coastal disasters".

The SCC also approved an amendment offered by Sen. Conrad Burns (R-MT) to provide funding for the essential air service. This has nothing to do with spectrum and digital transitions.

The High Tech DTV Coalition seeks a hard date. Janice Obuchowski, the group's Executive Director, stated in a release that "Our members stand ready to deploy advanced wireless technology using the radiowaves that will be freed up as a result of this landmark vote."

This group that includes Alcatel, Aloha Partners, AT&T, Dell, Cisco, IBM, Intel, Microsoft, Qualcomm, Texas Instruments, T-Mobile, National Association of Manufacturers, Business Software Alliance, Semiconductor Industry Association, and other groups.

10/20. The Senate Commerce Committee amended and approved S 1753, the "Warning, Alert, and Response Network Act", by motion, without objection.

Sen. Jim DeMint (R-SC) and others introduced this bill on September 22, 2005. The version of the bill approved by the SCC [57 pages in PDF] is substantially different from the bill as introduced.

This bill would create a new government program titled the "National Alert System". Administrative and rule making authority would be given to a new National Alert Office within the National Oceanic and Atmospheric Administration (NOAA), and the Federal Communications Commission (FCC).

The bill provides that funding for program "shall be provided from the Digital Transition and Public Safety Fund in accordance with section 5 of the Digital Transition and Public Safety Act of 2005." The bill as introduced had provided for funding through the authorization of the appropriation of $250 Million for Fiscal Year 2006.

The bill states that this program will "provide a public communications system capable of alerting the public on a national, regional, or local basis to emergency situations requiring a public response."

The bill further states that this program "shall incorporate multiple communications technologies and be designed to adapt to, and incorporate, future technologies for communicating directly with the public".

It adds that this program "will transmit alerts across the greatest possible variety of communications technologies, including digital and analog broadcasts, cable and satellite television, satellite and terrestrial radio, wireless communications, wireline communications, and the Internet to reach the largest portion of the affected population." The bill as introduced did not reference the internet, or internet protocol services.

The bill as approved by the Committee also deleted a provision that had been in the original bill that would have given power to the FCC to mandate disclosures to subscribers of mobile services that do not participate in the National Alert System.

The FCC has asserted, and exercised, similar authority in the context of E911 and VOIP communications, and therefor been criticized by some in the technology sector.

There was little discussion or debate at the October 20 mark up session. Sen. DeMint briefly explained the bill. Sen. Ben Nelson (D-NE), a cosponsor, expressed support. Sen. DeMint offered his manager's amendment. No one expressed opposition or criticism. There was no recorded vote. See also, DeMint release.

10/20. The Senate Commerce Committee (SCC) amended and approved S 967, the "Truth in Broadcasting Act of 2005". See, version of bill approved by the SCC [PDF], and SCC release.

This bill provides that "Any prepackaged news story produced by or on behalf of a Federal agency and intended for broadcast over the air or distribution by a multichannel video programming distributor within the United States shall contain a clear notification within the text or audio of the prepackaged news story that the pre- packaged news story was prepared or funded by the ‘United States Government’."

Currently, 47 U.S.C. § 317 pertains to "Announcement of payment for broadcast", while 47 U.S.C. § 508 pertains to "Disclosure of payments to individuals connected with broadcasts". S 967 would cover federal agency prepackaged news stories in the absence of payments.

The bill defines "prepackaged news story" as "a complete, ready-to-use audio or video news segment designed to be indistinguishable from a news segment produced by an independent news organization."

The bill, as amended, further provides that "Nothing in this section shall be construed to apply to any lawful and authorized intelligence activity of the United States government".

Sen. Frank Lautenberg (D-NJ) introduced this bill on April 28, 2005. The SCC held a hearing on May 12, 2005. See, story titled "Senate Commerce Committee to Hold Hearing on Law Respecting Prepackaged News Stories" in TLJ Daily E-Mail Alert No. 1,130, May 6, 2005.

There was little debate or discussion of this bill at the October 20, 2005 mark up. Sen. Lautenberg has published a web page titled "A History of Propaganda / Prepackaged News by the Bush Administration".

On April 13, 2005, the Federal Communications Commission (FCC) released a document [10 pages in PDF] titled "Public Notice" in which it stated that it has received communications regarding video news releases (VNRs). It further stated that it has authority, pursuant to 47 U.S.C. §§ 317 and 508 and 47 C.F.R. §§ 73.1212 and 76.1615, to instruct its licensees and operators that "whenever broadcast stations and cable operators air VNRs, licensees and operators generally must clearly disclose to members of their audiences the nature, source and sponsorship of the material that they are viewing."

In addition, on February 17, 2005, the Government Accountability Office (GAO) wrote a memorandum [3 pages in PDF] to the heads of executive branch departments and agencies. This memorandum describes the practice of preparing prepackaged news stories, and instructs executive branch officials that "While agencies generally have the right to disseminate information about their policies and activities, agencies may not use appropriated funds to produce or distribute prepackaged news stories intended to be viewed by television audiences that conceal or do not clearly identify for the television viewing audience that the agency was the source of those materials."

The GAO is an arm of the Congress. It has no authority to instruct executive branch officials.

The Executive Office of the President's (OEP) Office of Management and Budget (OMB) distributed a memorandum [PDF] in response on March 11, 2005. It attaches a memorandum from the Department of Justice's (DOJ) Office of Legal Counsel (OLC), which states that "Executive Branch agencies are not bound by GAO's legal advice".

10/21. The Federal Communications Commission (FCC) released the agenda [PDF] for its event titled "Open Meeting". The FCC will consider two orders pertaining to the mergers of Verizon and MCI WorldCom, and SBC and AT&T.

The FCC will consider a Memorandum Opinion and Order (MOO) regarding the application to transfer licenses associated with the merger of MCI WorldCom and Verizon. This proceeding is WC Docket No. 05-75.

The FCC will consider another MOO regarding the application to transfer licenses associated with the merger of SBC Communications and AT&T. This proceeding is WC Docket No. 05-65.

The FCC will also consider a First Report and Order and Further Notice of Proposed Rulemaking regarding its  Emergency Alert System rules. This proceeding is EB Docket No. 04-296).

The FCC will also consider a Report and Order to adopt rules for satellite carriage of significantly viewed television stations pursuant to the Satellite Home Viewer Extension and Reauthorization Act (SHVERA). This proceeding is MB Docket No. 05-49.

This event is scheduled for 9:30 AM on Friday, October 28, 2005 in the FCC's Commission Meeting Room, Room TW-C305, 445 12th Street, SW. The event will be webcast by the FCC. The FCC does not always take up all of the items on its agenda. The FCC does not always start its monthly meetings at the scheduled time. The FCC usually does not release at its meetings copies of the items that its adopts at its meetings.

10/20. The U.S. District Court (DC) issued an order [8 pages in PDF] and opinion [205 pages in PDF] in which it held that the Department of the Interior "has insufficient computer security to adequately safeguard the electronically stored Individual Indian Trust Data of which it is a custodian", and therefore must disconnect all affected computers. However, on October 21, the U.S. Court of Appeals (DCCir) issued an order that stays the order of the District Court

The District Court granted a preliminary injunction that requires that the DOI "forthwith shall disconnect all Information Technology Systems that House or provide Access to Individual Indian Trust Data:
  1. from the Internet;
  2. from all intranet connections, including but not limited to the VPX, ESN, or any other connection to any other Interior bureau or office;
  3. from all other Information Technology Systems; and
  4. from any contractors, Tribes, or other third parties."

The District Court case is Elouise Cobbell, et al. v. Gale Norton, U.S. District Court for the District of Columbia, D.C. No. 96-1285 (RCL), Judge Royce Lamberth presiding.

The Department of the Interior promptly filed an emergency motion for stay with the Court of Appeals. It wrote that the District Court's order to disconnect its computers "will result in substantial harm to the general public", but that it has "not yet been able to compile declarations confirming the harms". This case has been ongoing for almost ten years.

On Friday, October 21, the Court of Appeals issued a per curium order, the entire substance of which is as follows: "ORDERED that the district court's order filed October 20, 2005, granting appellee's motion for a preliminary injunction, be stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the appellants' full motion for stay, which shall be filed on or before October 27, 2005. See D.C. Circuit Handbook of Practice and Internal Procedures 32-33 (2002)."

The Court of Appeals case is No. 05-5388. Judges Henderson, Randolph and Brown comprise the three judge panel.

10/21. President Bush announced his intent to nominate Paul McNulty to be the Deputy Attorney General. This is the number two position at the Department of Justice (DOJ). He is currently the U.S. Attorney for the Eastern District of Virginia. See, White House release.

President Bush nominated McNulty for his current USA position on August 1, 2001. He briefly was a Deputy Associate Attorney General early in the Bush administration. Previously, he was Chief Counsel and Director of Legislative Operations for former House Majority Leader Dick Armey (R-TX). Before that, he held several positions at the House Judiciary Committee, including spokesman and Chief Counsel to the Subcommittee on Crime. Before that, he worked in the DOJ during the administration of the elder Bush. He has also worked at the law firm of Shaw Pittman (which is now Pillsbury Winthrop Shaw Pittman).

President Bush also announced his intent to designate McNulty the acting DAG.

President Bush failed to obtain Senate consent for his previous nominee for DAG, Timothy Flanigan. Bush announced his intent to nominate Flanigan on May 24, 2005. See, "People and Appointments" in TLJ Dailly E-Mail Alert No. 1,142, May 25, 2005. The Senate Judiciary Committee held a hearing on his nomination in July. Bush announced the withdrawal of the nomination of Flanigan on October 7. See, White House release.

Bush is also having trouble obtaining Senate consent for his nominee for Assistant Attorney General in charge of the Criminal Division, Alice Fisher. Bush gave her a recess appointment during the August Congressional recess. President Bush first nominated Fisher back on March 29, 2005. See also, stories titled "Bush to Nominate Alice Fisher to Head DOJ's Criminal Division" 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.

10/21. President Bush nominated George Foresman to be Under Secretary for Preparedness at the Department of Homeland Security (DHS). If confirmed, he will replace Frank Libutti, who has resigned. This position was previously known as Under Secretary for Information Analysis and Infrastructure Protection. Foresman is Assistant to the Governor for Commonwealth Preparedness, in the state of Virginia. See, White House release and release.

10/20. The National Association of Broadcasters (NAB) picked David Rehr to be its next President and CEO. He will begin on December 5, 2005. He will replace the current P/CEO, Eddie Fritts, who will remain as a consultant through 2008. Rehr is currently President of the National Beer Wholesalers Association. See, NAB release.

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

12:00 NOON - 2:00 PM. The Copyright Society of the USA and the DC Bar Association's Patent Copyright and Trademark Section will host a luncheon panel discussion titled "Google Print for Libraries: Fair or Foul?". The speakers will be Allan Adler (Association of American Publishers), Paul Aiken or Jan Constantine (The Authors Guild), Jonathan Band, Alexander Macgillivray or David Drummond (Google), and Siva Vaidyanathan (New York University). Rob Kasunic (Copyright Office) will moderate. The price to attend ranges from $20-$25. See also, story titled "Major Book Publishers Sue Google for Digitizing Copyrighted Books" in TLJ Daily E-Mail Alert No. 1,237, October 20, 2005; story titled "Author's Guild Sues Google for Copyright Infringement" in TLJ Daily E-Mail Alert No. 1,218, September 21, 2005; and story titled "University Publishers Accuse Google of Systematic Infringement of Copyright on a Massive Scale" in TLJ Daily E-Mail Alert No. 1,142, May 25, 2005. Location: Skadden Arps Conference Center, 700 14th Street, NW, 11th Floor.

12:00 NOON. Adam Mossoff (Michigan State University College of Law) will deliver a paper titled "Who Cares What Thomas Jefferson Thought About Patents: Reconsidering the Patent 'Privilege' in Historical Context". This event is a part of the George Washington University Law School's (GWULS) intellectual property workshop series. RSVP by Tuesday, October 18, to Rosalie Kouassi at rkouassi at law dot gwu dot edu. Location: GWULS, Faculty Conference Center, 5th Floor Burns, 716 20th St., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Engineering & Technical Practice Committee will host a brown bag lunch. The topic will be a discussion of upcoming activities. RSVP to Deborah Wiggins at dwiggins at g2w2 dot com. Location: Goldberg Godles Wiener & Wright, 1229 19th Street, NW.

3:00 PM. The House Commerce Committee will hold a staff briefing regarding a bill that includes the "Digital Television Transition Act of 2005", as well as provisions related to Medicaid, Katrina health relief, and Katrina and Rita energy relief. See, notice. Press contact: Larry Neal (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2322, Rayburn Building.

Day one of a two day conference hosted by the Bureau of Industry and Security (BIS) titled "18th Annual Update 2005 Conference on Export Controls and Policy". See, conference web site. The price to attend ranges from $550-675. Location: Renaissance Hotel, Washington DC.

Day one of a three day conference hosted by the Intellectual Property Owners Association (IPO) titled "4th  International Judges Conference on Intellectual Property Law". The only event on Monday, October 24 is a dinner and reception at the Library of Congress. See, conference brochure [PDF].

Effective date of the U.S. Sentencing Commission's emergency sentencing guidelines for certain crimes, including intellectual property related crimes addressed in the Family Entertainment and Copyright Act of 2005 (FECA). See, USSC notice.

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.

The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will host a one day event titled "Competition and Real Estate Workshop". On September 8, 2005, the DOJ filed a complaint in District Court against the National Association of Realtors (NAR). See, story titled "DOJ Sues National Association of Realtors for Obstructing Internet Based Brokers" in TLJ Daily E-Mail Alert No. 1,210, September 9, 2005. See, FTC notice and notice in the Federal Register, September 8, 2005, Vol. 70, No. 173, at Pages 53362 - 53364. Location: FTC, Satellite Building Conference Center, 601 New Jersey Ave., NW.

9:30 AM. The Senate Armed Services Committee will hold a hearing on several nominees, including John Young (to be Director of Defense Research and Engineering at the Department of Defense) and Delores Etter (Assistant Secretary of the Navy for Research). See, notice. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Banking Committee will hold a hearing on several pending nominations, including Matthew Slaughter and Katherine Baicker (to be members of the Council of Economic Advisors). See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The American Business Coalition for Doha will hold a news conference to announce its formation. U.S. Trade Representative Rob Portman will participate. Press contact: Eric Thomas at 202 822-9491. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

11:30 - 2:00 PM. The Heritage Foundation will host a panel discussion titled "Hanging Up on Regulation: The Case for Telecom Reform". The speakers will be Sen. John Ensign (R-NV), James Gattuso (Heritage), and Michael Franc (Heritage). See, notice. Location: Lehrman Auditorium, Heritage, 214 Massachusetts Ave., NE.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers and Diversity Committees will host a brown bag lunch. The topic will be "Welcome to the Communications Bar". The speakers will include FCBA President-Elect Jennifer Warren (Lockheed Martin) or Russell Frisby (Kirkpatrick Lockhart Nicholson Graham). RSVP to Wendy Parish at wendy at fcba dot org. For more information, contact Natalie Roisman at 202 418-1655 or Jason Friedrich at 202 354-1340. Location: Akin Gump, 1333 New Hampshire Ave., NW, 10th Floor.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) Laboratory Division will hold a round table titled "Radiofrequency Exposure Compliance Procedures for evaluating 3-G Portable Devices". For more information, contact Patricia Wright at 301 362-3001 or patricia dot wright at fcc dot gov. See, notice [PDF]. Location: Conference Room, FCC Laboratory, 7435 Oakland Mills Road, Columbia, MD.

2:15 PM. The Senate Foreign Relations Committee will meet to vote on several nominees, including Boyden Gray, who has been nominated to be the U.S. Representative to the European Union. See, notice. Location: Room 116, Capitol Building.

3:00 PM. The House Commerce Committee will begin its mark up of a bill that includes the "Digital Television Transition Act of 2005", as well as provisions related to Medicaid, Katrina health relief, and Katrina and Rita energy relief. This meeting is solely for opening statements of members. See, notice. Press contact: Larry Neal (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2123, Rayburn Building.

4:00 PM. The House Rules Committee will meet to a adopt a rule for consideration of HR 420, the "Lawsuit Abuse Reduction Act of 2005 ", a bill that addresses FRCP Rule 11 violations, and forum shopping. Location: Room H-312, Capitol Building.

Day two of a two day conference hosted by the Bureau of Industry and Security (BIS) titled "18th Annual Update 2005 Conference on Export Controls and Policy". See, conference web site. The price to attend ranges from $550-675. Location: Renaissance Hotel, Washington DC.

Day two of a three day conference hosted by the Intellectual Property Owners Association (IPO) titled "4th  International Judges Conference on Intellectual Property Law". Jon Dudas, head of the U.S. Patent and Trademark Office (USPTO), will deliver the luncheon address. See, conference brochure [PDF]. Location: Mandarin Oriental Hotel, between Maine and Maryland Avenues, and 12th and 14th Streets, SW.

Deadline to submit recommendations to the Department of Commerce's National Technical Information Service (NTIS) regarding candidates to be members of the NTIS Advisory Board. See, notice in the Federal Register, August 26, 2005, Vol. 70, No. 165, at Page 50303.

The House will meet at 10:00 AM for legislative business. It may take up HR 420, the "Lawsuit Abuse Reduction Act of 2005 ", a bill that addresses FRCP Rule 11 violations, and forum shopping. See, Republican Whip Notice.

10:00 AM. The House Commerce Committee will continue its mark up of a bill that includes the "Digital Television Transition Act of 2005", as well as provisions related to Medicaid, Katrina health relief, and Katrina and Rita energy relief. This meeting is solely to mark up to DTV provisions of the bill. See, notice. Press contact: Larry Neal (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up HR 3135, the "Private Property Rights Protection Act of 2005". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. The hearing will be webcast by the HJC. Location: Room 2141, Rayburn Building.

10:30 AM. The U.S. District Court (DC) will hold a status conference in USA v. Microsoft, D.C. No. 1:1998-cv-01232-CKK, and State of New York v. Microsoft, 1:1998-cv-01233-CKK. Location: Courtroom 11, Prettyman Courthouse, 333 Constitution Ave., NW.

2:30 PM. The Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts may hold a hearing on legislative proposals to split the U.S. Court of Appeals for the 9th Circuit into two circuits. The SJC frequently cancels of 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.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Handle Opposition and Cancellation Actions Before the Trademark Trial and Appeal Board". The speakers will include Judge Karen Kuhlke (Trademark Trial and Appeal Board), Judge Jeffrey Quinn (TTAB), Gary Krugman (Sughrue Mion), and Leigh Ann Lindquist, (Sughrue Mion). The price to attend ranges from $70-$105. For more information, call 202 626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) seminar titled "Foreign Investment in FCC Licensees". The price to attend ranges from $50-$125. See, notice and registration form [MS Word]. For more information, contact Brian Weimer 202 371-7604. Location: Skadden Arps, Conference Room 11A, 700 14th Street, NW.

Day three of a three day conference hosted by the Intellectual Property Owners Association (IPO) titled "4th  International Judges Conference on Intellectual Property Law".  Judge Paul Michel of the U.S. Court of Appeals (FedCir) will deliver the luncheon address. See, conference brochure [PDF]. Location: Mandarin Oriental Hotel, between Maine and Maryland Avenues, and 12th and 14th Streets, SW.

The House will meet at 10:00 AM for legislative business. It may take up HR 420, the "Lawsuit Abuse Reduction Act of 2005 ", a bill that addresses FRCP Rule 11 violations, and forum shopping. See, Republican Whip Notice.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in In Re Core Communications, Inc., Nos. 04-1368, 04-1423, and 04-1424, petitions for review of an FCC order regarding forbearing from applying certain interim intercarrier compensation rules. See, FCC brief [65 pages in PDF]. Judges Sentelle, Tatel and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

POSTPONED. 10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Financial Institutions will hold a hearing on HR 3997, the "Financial Data Protection Act of 2005." Location: Room 2128, Rayburn Building.

10:00 AM - 3:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, March 25, 2005, Vol. 70, No. 57, at Page 15316, and notice in the Federal Register, October 5, 2005, Vol. 70, No. 192, at Pages 58221 - 58222. Location: FCC, 445 12th Street, SW, Commission Meeting Room (TW-C305).

2:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold an oversight hearing titled "An Investigation into the FBI's Use of Confidential Informants". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. The hearing will be webcast by the HJC. Location: Room 2141, Rayburn Building.

Day one of a three day convention of the American Intellectual Property Law Association (AIPLA). See, convention web site. Location: Marriott Wardman Park, 2660 Woodley Park Road, NW.

The House may meet at 9:00 AM for legislative business. See, Republican Whip Notice.

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).

RESCHEDULED FROM SEPTEMBER 30. 12:15 PM. The Federal Communications Bar Association's (FCBA) Legislative Practice and Wireless Telecommunications Practice Committees will host a lunch titled "DTV Transition". The speakers will include Rudy Baca (Precursor Group), Kathy Gramp (Congressional Budget Office), and Alice Tornquist (Qualcomm). The price to attend is $15. Registrations and cancellations are due by 5:00 PM on Tuesday, October 25, 2005. See, registration form [PDF]. Location: Sidley Austin, 1501 K Street, NW., 6th Floor.

Day two of a three day convention of the American Intellectual Property Law Association (AIPLA). See, convention web site. Location: Marriott Wardman Park, 2660 Woodley Park Road, NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding eliminating Part 23 of the FCC's rules governing International Fixed Public Radiocommunication Services (IFPRS), and instead regulate IFPRS pursuant to Part 101. This NPRM is FCC 05-130 in IB Docket No. 05-216. See, notice in the Federal Register, September 28, 2005, Vol. 70, No. 187, at Pages 56620 - 56621.

Deadline to submit nominations to the Federal Communications Commission's (FCC) Wireline Competition Bureau for seven positions on the Board of Directors of the Universal Service Administrative Company (USAC). See, FCC release [PDF].

Day three of a three day convention of the American Intellectual Property Law Association (AIPLA). See, convention web site. Location: Marriott Wardman Park, 2660 Woodley Park Road, NW.

9:00 AM - 5:30 PM. Day one of a two day public workshop hosted by the National Institute of Standards and Technology (NIST) regarding the vulnerability of the NIST approved cryptographic hash algorithm, Secure Hash Algorithm-1 (SHA-1). See, notice in the Federal Register, June 14, 2005, Vol. 70, No. 113, at Pages 34451 - 34452. Location: NIST, Green Auditorium, Building 101, Gaithersburg, MD.

10:00 AM. The Supreme Court will hear oral argument in Central Virginia Community College v. Katz, No. 04-885. This is a bankruptcy case involving the authority of the Congress to abrogate state sovereign immunity. State sovereign immunity is also involved in the context of Congressional legislation regarding intellectual property. See, story titled "Supreme Court Grants Certiorari in State Sovereign Immunity Case" in TLJ Daily E-Mail Alert No. 1,109, April 5, 2005.

Day one of a five day conference sponsored by the Office of the Secretary of Defense Networks and Information Integration (OSD NII) and the Joint Chiefs of Staff titled "DoD Spectrum Summit 2005". See, notice.For more information, contact Patty dot Hopkins at osd dot mil or 703 607-0613. Location: Radisson Hotel, Annapolis, MD.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding amending the FCC's amateur radio service rules to eliminate the requirement that individuals pass a telegraphy examination in order to qualify for any amateur radio operator license. This NPRM is FCC 05-143 in WT Docket No. 05-235. See, notice in the Federal Register, August 31, 2005, Vol. 70, No. 168, at Pages 51705 - 51707.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the joint petition filed by CTIA and the Rural Cellular Association (RCA) requesting relief of the FCC's requirement that wireless licensees that employ a handset based Enhanced 911 (E911) Phase II location technology achieve 95% penetration of location capable handsets among their subscribers by December 31, 2005. See, FCC notice [4 pages in PDF]. This proceeding is WT Docket No. 05-288. This is also the deadline to submit reply comments regarding Alltel's related petition. See, notice [PDF] in WT Docket No. 05-287. This is also the deadline to submit reply comments regarding Sprint Nextel's related petition. See, notice [PDF] in WT Docket No. 05-286.