10/25. The Center for Democracy and Technology (CDT), Sun Microsystems, and others, filed a petition for review [PDF] of the Federal Communications Commission's (FCC) CALEA order, announced in August.

This petition challenges the order portion of the FCC Order and Further Notice of Proposed Rule Making that provides that facilities based broadband service providers and interconnected VOIP providers are subject to requirements under the 1994 Communications Assistance for Law Enforcement Act (CALEA).

The FCC adopted, but did not release, this item at its August 5, 2005, meeting. See, story titled "FCC Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005. The FCC released the text [59 pages in PDF] of this item on September 23, 2005. It is FCC 05-153 in ET Docket No. 04-295 and RM-10865.

The FCC based its conclusion on two separate grounds. First, it concluded that the definition of "telecommunications carrier" in CALEA is different and much broader than the definition of that term in the Communications Act, and can encompass providers of services that are not classified as telecommunications services under the Communications Act. Second, it asserted that the services covered by the order replace a substantial portion of conventional telecommunications services.

There is a series of articles in TLJ Daily E-Mail Alert 960, August 17, 2004, which offer the legal analysis that neither of these two legal arguments is tenable.

The petitioners in this petition are the CDT, Sun Microsystems, Pulver.com, COMPTEL, Electronic Privacy Information Center (EPIC), American Library Association (ALA), and Electronic Frontier Foundation (EFF).

The petition is a brief document that initiates the proceeding. The Court of Appeals has not yet set the briefing schedule.

This petition states merely that "Petitioners seek relief from the Order on the grounds that it exceeds the Commission's statutory authority and is arbitrary, capricious, unsupported by substantial evidence, and contrary to law. Petitioners request that this Court vacate the Order and the Final Rules adopted therein and grant such other relief as may be appropriate."

Background on the CALEA. The CALEA is an act, enacted by the Congress in 1994, that requires telecommunications carriers "shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of expeditiously isolating and enabling the government ... intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier ..."

The CALEA provides that telecommunications carriers must design their equipment and networks to facilitate lawfully conducted wiretaps and other intercepts. Statutes other than the CALEA address what intercepts are lawful.

The CALEA was enacted to require that cell phone service providers make their networks subject to wiretaps sought by law enforcement agencies (LEAs), such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and state and local police.

The CALEA applies to "telecommunications carrier", and exempts "information services".

This presents a threshold problem for the FCC and FBI. Not only are broadband service providers and interconnected VOIP providers arguably "information services", but the Supreme Court held in its June 27, 2005, opinion [59 pages in PDF] in NCTA v. Brand X that the FCC declaratory ruling that cable modem service is an information service is a permissible reading of the statute..

Thus, the FCC now argues that broadband service providers and interconnected VOIP providers are "information services" for the purpose of being classified as Title I services, but are not "information services" for the purposes of the CALEA. Moreover, the FCC now argues that broadband service providers and interconnected VOIP providers are not telecommunications carriers for the purposes of regulatory classification, but are telecommunications carriers for the purposes of the CALEA.

§ 102(8) of the CALEA, which is codified at 47 U.S.C. § 1001(8), provides the following definition of "telecommunications carrier".

(8) The term ``telecommunications carrier''--
   (A) means a person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire; and
   (B) includes--
      (i) a person or entity engaged in providing commercial mobile service (as defined in section 332(d) of this title); or
      (ii) a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this chapter; but
   (C) does not include--
      (i) persons or entities insofar as they are engaged in providing information services; and
      (ii) any class or category of telecommunications carriers that the Commission exempts by rule after consultation with the Attorney General."

But then, § 102(8)(B)(ii) provides that a "telecommunications carrier" also "includes ... a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service ...".

Comments by Petitioners. The just filed petition for review is only a two page pleading. The petitioners have not filed a brief with the Court of Appeals. However, several attorneys and representatives held a news conference on October 25, 2005.

John Morris, of the CDT, is the counsel of record. He stated the legal argument that the FCC's CALEA order is "contrary to the text of the CALEA statute". He added that the order is arbitrary and capricious because there was no demonstration in the rule making proceeding that law enforcement agencies have had a problem in conducting surveillance in the technologies covered by the order.

Susan Lander, an engineer at Sun Microsystems, said that Sun opposes the FCC order "because of its effect both on innovation, and its effect on security. Applying CALEA to VOIP is putting surveillance capabilities deep into the network stack, which is very dangerous". She added that "building this technology into internet protocol is an extremely poor idea technologically".

Jonathan Askin, counsel for Pulver.com, said the "the FCC has extended well beyond the reach of the CALEA statute". He accused the FCC of engaging in a "convoluted definitional shell game". Moreover, he asserted that "the FCC has reneged on the promise of the Pulver.com order". He argued that the FCC's CALEA order will stall deployment, drive service providers overseas, restrict innovation, and harm individual privacy.

Jason Oxman of Comptel stated that the FCC order "bends the CALEA to the breaking point".

The American Library Association's (ALA) representative stated that under the FCC's CALEA order, libraries would be "responsible for re-engineering their networks", would have to "purchase new equipment", and would have to "provide 24 hour support" to the FBI.

Jeff Pulver did not participate in this news conference. However, he wrote in his web site that "From the perspective of Internet innovators and application providers, our current grievance centers on the FCC's attempt to legislate from within an administrative agency. The FCC has essentially rewritten the CALEA statute and extended its scope well beyond intended telecom services and upon the Internet. The debate over the scope of CALEA was fought in Congress during the debate and passage of the CALEA statute, and it was determined that CALEA would not extend to the Internet. Frankly, it is inappropriate for a regulatory body to reinterpret the clear intent of Congress."

Pulver also advanced the policy argument that ""The FCC, under the guise of promoting national security, failed to consider the need to foster innovation and promote economic advancement. The FCC's overbroad misapplication of CALEA will have the unintended effect of imposing unnecessary and debilitating costs on the Internet and the emerging Internet-based communications industry without any real benefit to national security. The end result will be to drive innovation and economic growth abroad, which ultimately will harm America's national security and economic growth."

See also, CDT release [PDF].

This case is COMPTEL, et al. v. FCC and USA, U.S. Court of Appeals for the District of Columbia, App. Ct. No. 05-1408, a petition for review of a final order of the FCC.

10/24. David McCormick, the recently confirmed Under Secretary for Industry and Security at the Department of Commerce's Bureau of Industry and Security (BIS), gave a speech on regulation of trade, including trade in technology products.

McCormick (at left) raised the subject of Apple's iPods, and suggested that they are part of a technological revolution that is creating "pain" for law enforcement and intelligence agencies, and trade regulators. However, he did not say whether or not the BIS might regulate the export of iPods, or future iPod platform technologies.

The BIS's regulatory activity includes limiting and licensing the export of dual use items, including computers, communications equipment, encryption products, software, and technology workers.

McCormick asserted that the BIS is "running the best possible dual-use export control system in the world", and that the BIS "has also taken significant steps to make the export licensing system work better".

He said that one "fundamental force that is shaping our environment is the technological revolution. From smart bombs to iPods, technology is changing the way we wage war and live in peace. As a former technology industry executive, I find the most striking aspects of this revolution to be its pace and durability. Every time it appears that we have reached a technological ceiling, the revolution kicks into higher gear. As a result, today’s mantra is ``cheaper, faster, smaller, better´´ --  it's Moore's Law on steroids."

He continued that "Like all revolutions, the technology revolution brings both progress and pain. Today we enjoy capabilities undreamed of a generation ago. We have witnessed the death of distance, with the rapid decline in the costs of communication and transportation. At the same time, technological progress has led to new and deadly threats. The same Internet that allows us to make long distance phone calls for the same price as local ones also allows al-Qaida supporters to plot their crimes by email. The same cell phone from which we can download the day's breaking news can also be used by terrorists to coordinate their next assault on Iraq's emerging democracy."

He also discussed regulation of high performance computers. He said that "we hope to complete our work on a new metric for controlling exports of strategically significant computers, one that will adapt our controls to the dramatic and frequent changes in computer and microprocessor technology."

He also said that the BIS will continue "to review its country polices and regulations in light of changes in technology and the international market to determine whether further adjustments are warranted."

He also discussed the former Export Administration Act, which has lapsed. McCormick said that "our regulatory and enforcement authority flows from the law. I hope that with the leadership of some of our colleagues in Congress, we will soon see renewal of the Export Administration Act, thereby giving our system a firm statutory foundation."

McCormick is a former President of Ariba.

10/20. The Federal Communications Commission (FCC) filed its brief [93 pages in PDF] with the U.S. Court of Appeals (DCCir) in Covad v. FCC, a challenge to the FCC's order that, among other things, ends mandatory unbundling of mass market switching.

This case concerns the FCC's Order on Remand [185 pages in PDF] in its proceeding titled "In the Matter of Unbundled Access to Network Elements Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers". With this order, the FCC once again set rules regarding the unbundling requirements of ILECs, pursuant to 47 U.S.C. § 251. The previous three were overturned in part by the federal courts.

The FCC adopted, but did not release, this order at its December 15, 2004 meeting. See, story titled "FCC Adopts Unbundling Order" in TLJ Daily E-Mail Alert No. 1,039, December 16, 2004, and story titled "Reaction to FCC Unbundling Order" in TLJ Daily E-Mail Alert No. 1,041, December 20, 2005.

The FCC released the text of this order on February 4, 2005. See, story titled "FCC Releases Unbundling Order" in TLJ Daily E-Mail Alert No. 1,071, February 7, 2005.

This order is FCC 04-290 in WC Docket No. 04-313 and CC Docket No. 01-338.

This case is Covad Communications, Inc., et al. v. FCC and USA, and consolidated cases, U.S. Court of Appeals for the District of Columbia, Nos. 05-1095 etc., petitions for review of a final order of the FCC.

10/18. Chris Cox, Chairman of the Securities and Exchange Commission (SEC) gave a speech in Beijing, People's Republic of China. He discussed, among other topics, the advantages for Chinese tech companies of listing on U.S. exchanges, Lenovo's purchase of IBM's laptop business, foreign investment in the U.S., and the need in China for shareholder democracy, a free flow of information, and government transparency in China.

Cox (at right) said that "Chinese technology companies, in particular, will benefit from listing on U.S. exchanges that focus on technology issues. This will expose them to a remarkably broad range of expert research coverage, and bring their game up to a different level."

He also discussed foreign investment in the U.S. He said, "Let me state emphatically that we welcome foreign investment in America. That's why China's Lenovo Group now owns IBM's personal computer business."

He continued that "I needn't remind you of the opposition that partially state-owned Deutsche Telekom received in the U.S. Senate only a few years back when it sought to buy U.S. long-distance giant Sprint, and mobile telephone company Voicestream.

"And when the French government-controlled Thomson-CSF tried to snap up LTV's missile unit, opposition came from the Pentagon, Congress, and the media on national security grounds-even though France is a member of NATO and even though LTV was in Chapter 11", said Cox. "The list goes on. This is not a China problem, but rather a question of genuine market actors versus state-controlled entities."

Cox also advocated "shareholder democracy". He argued that "Markets function best if the participants have market motives. And the existence of shareholder democracy helps insure that this is so. In China's case, the best way to address this problem is head-on. We have to acknowledge that government control is an impediment to genuine shareholder democracy. And without shareholder democracy, China will be missing one of the key ingredients for a successful capital market."

He continued that "The second ingredient of efficient capital markets -- access to material information -- is closely related to shareholder democracy. Investors need as much information as possible about the firms in which they invest."

Cox elaborated about the PR China's lack of transparency, and restrictions on information about the government. He said that "In China's case, its broadly applied limitations on access to information in the media serve to amplify these concerns. Perhaps no other single issue puts such a serious crimp in the ability to do business with China. Restrictions on news and information-including information about the very government that controls the companies in which investors are being asked to put their money-obstruct the transparency that investors and efficient markets demand."

He added that in "Today's highly competitive global capital markets require that information travel freely and instantaneously. Any restrictions on access to information-in the press, in the electronic media, and on the Internet-are a serious obstacle to our shared mission of investor protection."

Cox did not discuss the lack of transparency at U.S. regulatory agencies. However, he did state that "We've got to work together to address this challenge, lest we all find ourselves facing the same destiny as the Qing." The Qing dynasty fell in 1912.

See also, Cox's speech in Hebei, PR China, on October 16, 2005.

10/25. Orson Swindle (at right) joined the Progress and Freedom Foundation (PFF) as a Distinguished Fellow. He will work on a new PFF project titled "Securing the Internet". Swindle was until recently a Commissioner on the Federal Trade Commission (FTC). See, PFF release.

10/20. Federal Communications Commission (FCC) Chairman Kevin Martin named Heather Dixon to be his Legal Advisor for Media Issues. She was an Attorney Advisor in the FCC's Media Bureau. She will replace Catherine Bohigian. See, FCC release [PDF].

10/20. Catherine Bohigian (at left) was named acting Chief of the Federal Communications Commission's (FCC) Office of Strategic Planning and Policy Analysis. She was previously Chairman Kevin Martin's Senior Legal Advisor. Martin, Dixon, and Bohigian all previously worked for the law firm of Wiley Rein & Fielding.

10/25. President Bush nominated Aida Delgado-Colon to be a Judge of the U.S. District Court for the District of Puerto Rico. See, White House release.

10/21. Michael Desmond was named Tax Legislative Counsel in the Department of the Treasury's Office of Tax Policy (OTP). Hal Hicks was named International Tax Counsel. Robert Dilworth was named Senior Advisor. See, Treasury release.

10/24. Comcast Corporation named Susan Gonzales Corporate Senior Director of Government Affairs. She has been working as Comcast Cable's Regional Senior Director of Communications in Northern California. She will relocate to Washington DC. She will report to Kerry Knott, VP of Government Affairs. See, Comcast release.

10/20. Comcast Cable announced that David Scott will be appointed Executive Vice President, Finance and Administration. He will replace Michael Tallent, who is retiring. See, Comcast release.

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.

The Senate will meet 9:30 AM. It will resume consideration of HR 3010, the Labor, Health and Human Services, and Education Appropriations Bill.

8:00 AM - 12:00 NOON. The Information Technology Association of America (ITAA) will host an event titled "ITAA Diversity Summit". The topic will be ways to improve opportunities for women and minorities in the IT industry. Register by contacting Bob Cohen at bcohen at itaa dot org or 703 284-5301 or Charlie Greenwald at cgreenwald at itaa dot org or 703 284-5305. Location: Marriott Tysons Corner, McLean, VA.

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.

POSTPONED. 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.

12:00 NOON - 1:30 PM. The International Intellectual Property Institute (IIPI) and House Intellectual Property and Entertainment Caucuses will host a closed luncheon on Verizon's FiOS TV and piracy. The speakers will be Sarah Deutsch (Verizon's VP and Associate General Counsel) and Terry Denson (VP -- FiOS Programming). Attendance is restricted to Congressional members and staff. RSVP to Maribel Guillén at 202 544-6610 or mguillen at iipi dot org. Location: Room B-338, Rayburn Building.

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 (9thCir) into two circuits. The scheduled witnesses are all Judges: Diarmuid O'Scannlain, Richard Tallman, Mary Schroeder, Alex Kozinski, Andrew Kleinfeld, John Roll, Sidney Thomas, and Marilyn Huff. See, notice. 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.

3:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will meet to mark up HR 4093, the "Federal Judgeship and Administrative Efficiency Act of 2005". This bill would split the 9th Circuit, and create new judgeships for the Courts of Appeals, District Courts, and Bankruptcy Courts. See, notice. This meeting will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn 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.

9:00 AM. The House Armed Services Committee's (HASC) Asymmetric and Unconventional Threats Panel will hold a hearing titled "Cyber Security, Information Assurance and Information Superiority". The witnesses will include Eugene Spafford (Purdue University and the President's Information Technology Advisory Committee). Location: Room 2118, Rayburn Building.

9:30 AM. The Senate Judiciary Committee may hold an executive business meeting. The SJC rarely follows the agenda for its business meetings. The SJC frequently cancels of postpones meetings without notice. See, 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 (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, FCC notice and agenda [PDF], 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. See, agenda [PDF]. 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.

9:00 AM - 5:30 PM. Day two 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.

2:30 PM. The Senate Judiciary Committee (SJC) may hold a hearing on pending nominations. 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 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". The speakers will be Andrew Aitken (Venable), Charles Fish (AOL Time Warner), and Clifton McCann (Venable). 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.

Day two 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.

TIME? The Senate Commerce Committee may meet to mark up S 1063, the "IP-Enabled Voice Communications and Public Safety Act of 2005". This bill had previously been scheduled for mark up on October 19 and 20, 2005. 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. Location: ___?

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Trade with China: What Next?". The speakers will include David Stewart (aide to Rep. Phil English (R-PA)), Haiying Jiang (Embassy of the Peoples Republic of China), Patricia Mears (National Association of Manufacturers), John Greenwald (Wilmer Cutler), and Keith Loken (Department of State). The price to attend ranges from $15-$25. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Day three 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.

10/25. The American Business Coalition for Doha held a news conference to announce its formation. U.S. Trade Representative Rob Portman gave a speech in which he stated that a successful completion of the Doha round is essential to global economic growth. See also, U.S. Chamber of Commerce release and National Association of Manufacturers release.

10/24. The Government Accountability Office (GAO) released a report [46 pages in PDF] titled "Electronic Disability Claims Processing: SSA Is Proceeding with Its Accelerated Systems Initiative but Needs to Address Operational Issues". The Social Security Administration (SSA) is attempting to develop an electronic disability claims processing capability, named "AeDib". This will be a paperless system in which medical images, files, and other documents will be stored in electronic folders, enabling the disability claims processing offices to electronically view, process, and share claims information. Sen. Chuck Grassley (R-IA), the Chairman of the Senate Finance Committee, requested this study. He commented that "The decision to fully implement the new system without end-to-end testing was a bold step that may ultimately prove successful. But unless SSA remains diligent, it runs the risk of a costly and time-consuming process of fixing problems that could have been avoided in the first place had it conducted end-to-end testing."

10/20. The Department of Commerce's (DOC) Technology Administration announced that Monday, November 21, 2005, is the deadline to submit nominations for its 2006 Commerce Science and Technology Fellowship (ComSci) Program. Only full time career federal employees in a professional or management series at the GS/GM-13 level or above are eligible. See, notice.

10/20. Jonathan Adelstein, a Commissioner of the Federal Communications Commission (FCC), gave a speech [4 pages in PDF] in which he discussed the 3G band plan, tower citing, and Hurricanes.

10/20. Mike Gallagher, head of the National Telecommunications and Information Administration (NTIA), gave a speech titled "The Merger of Telecom and IT: U.S. Innovation Driving Economic Growth". See, presentation slides.

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