1/9. The Copyright Office's (CO) Copyright Royalty Board (CRB) published notices in the Federal Register announcing the commencement of three proceedings to determine reasonable rates and terms of royalty payments. Each of these proceeding is required by Section 3 of the Copyright Royalty and Distribution Reform Act of 2004, which added the new Section 804 to the Copyright Act. This bill was HR 1417 in the 108th Congress. It is now Public Law No. 108-419.

First, the CRB published a notice in the Federal Register regarding the commencement of a proceeding to determine the reasonable rates and terms for use of certain works in connection with noncommercial broadcasting. Petitions to Participate are due by February 8, 2006. See, Federal Register, January 9, 2006, Vol. 71, No. 5, at Pages 1453 - 1454.

Second, the CRB published a notice in the Federal Register regarding the commencement of a proceeding to determine the reasonable rates and terms for making and distributing phonorecords. Petitions to Participate are due by February 8, 2006. See, Federal Register, January 9, 2006, Vol. 71, No. 5, at Pages 1454 - 1455.

Third, the CRB published a notice in the Federal Register regarding the commencement of a proceeding to determine the reasonable rates and terms for preexisting subscription and satellite digital audio radio services. Petitions to Participate are due by February 8, 2006. See, Federal Register, January 9, 2006, Vol. 71, No. 5, at Page 1455.

1/6. The Consumer Electronics Association (CEA) hosted a convention titled "2006 International CES" in Las Vegas, Nevada. Most of the event focused on new technologies. However, Gary Shapiro, P/CEO of the CEA, gave a speech [PDF] in which he discussed policy.

He advocated "net neutrality". He said that "we must be sure consumers also have unfettered access to content, services and applications. Openness and access have fueled the growth of the Internet, and we must reject models which rely on proprietary systems block access to competitive or disfavored websites or services. Innovation will flourish only if device manufacturers who develop ``edge technologies´´ have certainty that their products and services, like new IP-based video, can connect to the Internet."

Shapiro advocated free trade, and freer movement of people. He said that the U.S. should resist "the urge of isolationism" and tear down "walls of protectionism", and welcome and attract "the best and brightest from around the world". He added that "We must make sure our visa policies allow America to remain a magnet for the worlds’ brightest and hardworking people."

He touched on fair use rights of consumers. "Americans must retain the right to time-shift and place-shift lawfully acquired content within their private homes. That includes noncommercial recording of free over-the-air broadcasts, or time-shifting a satellite radio program that you have paid for."

He also discussed aftermarkets for tech products in cars. "We must ensure that car manufacturers provide aftermarket installers with the information they need to install products in today's sophisticated, computer controlled automobiles. Also, we must work with the auto industry to ensure consumers can make the choices they need and want for a standardized interface."

Also, he discussed the environmental benefits of information technologies. "The world's resources are limited but digital technology allows us to preserve our environment for future generations. Think of all the paper saved by email or the gasoline saved by telecommuting and online buying. We must embrace policies favoring home offices, telework and teleconferencing." He added that "We must make clear how much energy our products use so consumers can make informed buying choices" and "with Congress’ help, we must establish a nationwide recycling program with shared responsibility among consumers, retailers and manufacturers."

See also, speech by Bill Gates (Microsoft) and speech [PDF] by Paul Otellini (Intel).

1/6. President Bush wrote a letter to the Speaker of the House and the President of the Senate in which he formally notified the Congress of his intent to "enter into a free trade agreement with the Republic of Peru".

1/6. Bob Portman, the U.S. Trade Representative (USTR), wrote a short essay titled "Keeping Doha Alive", which was published in the USTR website, and in the Washington Times. He wrote that "The December meeting of the World Trade Organization in Hong Kong kept the Doha Development Agenda trade talks alive". He also stated that "We formalized a landmark breakthrough in the rules governing intellectual property rights that balances the needs of protecting patent rights with delivering life-saving medicines to areas hardest hit by disease. This will be of great importance to countries struggling to cope with HIV/AIDS, malaria and other health crises."

1/4.. The Electronic Privacy Information Center (EPIC) published in its web site three pages of documents [PDF] obtained from the National Security Agency (NSA) pursuant to a Freedom of Information Act (FOIA) request

1/9. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register regarding its 2006 SURF grant programs. These are the Gaithersburg Summer Undergraduate Research Fellowship Program, and its Boulder Summer Undergraduate Research Fellowship Program. The NIST distributes grants for, among other topics, electronics and electrical engineering, and information technology. The deadline for applications is February 15, 2006. See, Federal Register, January 9, 2006, Vol. 71, No. 5, at Pages 1411 - 1416.

1/5. Rambus stated in a release that "the judge in the patent infringement matter with Hynix Semiconductor has denied Hynix's request to dismiss Rambus' case based on unclean hands and document spoliation following a two-week evidentiary hearing".

1/9. James Sledge, Stanley Wisniewski, and William Roberts take office as Copyright Royalty Judges on January 9, 2006. See, Copyright Office notice. They will serve on the Copyright Royalty Board, which was created by the Copyright Royalty and Distribution Reform Act of 2004. This bill was HR 1417 in the 108th Congress. It is now Public Law No. 108-419. See also, stories titled "House Approves Copyright Royalty and Distribution Act" in TLJ Daily E-Mail Alert No. 1,021, November 18, 2004, and "House Passes Copyright Royalty and Distribution Act" in TLJ Daily E-Mail Alert No. 849, March 4, 2004.

1/5. Mozelle Thompson was named to the Board of Directors of the Media Access Project (MAP). He is a former Commissioner of the Federal Trade Commission (FTC). The MAP is a Washington DC based interest group that participates in telecommunications related litigation and agency proceedings. See, MAP release.

1/6. Tina Jordan was named VP of the Association of American Publishers (AAP), effective January 17, 2006. She will replace Kathryn Blough. Former Rep. Pat Schroeder (D-CO) remains the President. See, AAP release.

1/5. Robert Laurence was named interim President of the Information Technology Association of America (ITAA). He is VP for public sector operations at Sybase, Inc. He replaces Harris Miller, who resigned. The ITAA Board of Directors also appointed a committee to search for a permanent President. See, ITAA release.

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Notices & Disclaimers
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The House will not meet. It will convene for the 2nd Session of the 109th Congress on Tuesday, January 31, 2006.. See, Majority Whip's calendar.

The Senate will not meet. It will convene for the 2nd Session of the 109th Congress on Wednesday, January 18, 2006. See, 2006 Senate calendar.

12:00 NOON. The Senate Judiciary Committee (SJC) will begin its hearings on the nomination of Judge Sam Alito to be a Justice of the Supreme Court. SJC members will make opening statements. Then, Sen. Frank Lautenberg (D-NJ) and Christine Whitman will introduce Judge Alito. Alito will then make an opening statement. Location: Room 216, Hart Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Sharp Kabushiki v. ThinkSharp, Inc., No. 05-1220. This is a dispute regarding registration of the mark "Thinksharp" for computer software by ThinkSharp, Inc. Sharp, which makes electronics products, objects. Location: Courtroom 201, 717 Madison Place, NW.

The Federal Communications Commission (FCC) will begin a mock auction for its FM Broadcast Construction Permits Auction (Auction No. 62). See, Public Notice [PDF] numbered DA 05-3204, and dated December 21, 2005.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold an open meeting. The tentative agenda for this meeting includes a presentation on the Federal Networking and Information Technology Research and Development (NITRD) program, an update on nanotechnology, and a briefing on the U.S.-China S&T Forum. See, notice in the Federal Register, December 23, 2005, Vol. 70, No. 246, at Page 76286. Location: Washington Room, Hotel Washington located at 515 15th St., NW.

9:30 AM. Day two of the Senate Judiciary Committee's (SJC) hearings on the nomination of Judge Sam Alito to be a Justice of the Supreme Court. Sen. Arlen Specter (R-PA), the Chairman of the SJC, will begin the first round of questioning of Judge Alito. Location: Room 216, Hart Building.

10:00 AM. The Supreme Court will hear oral argument in Texaco v. Dagher and Shell v. Dagher. This case involves the application of antitrust law to lawful joint ventures. See, story titled "Supreme Court Grants Certiorari in Dagher" in TLJ Daily E-Mail Alert No. 1,163, June 28, 2005, and story titled "Verizon Seeks Reversal in Texaco v. Dagher" in TLJ Daily E-Mail Alert No. 1,232, October 12, 2005. See also, Supreme Court docket.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Microchip Technology v. Chamberlain Group, No. 05-1339. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Resonate, Inc. v. Alteon Websystems, No. 05-1336. This is a patent case involving internet traffic routers and switches. See also, Resonate, Inc. v. Alteon Websystems, Inc., 338 F.3d 1360 (Fed. Cir. 2003). Location: Courtroom 201, 717 Madison Place, NW.

9:30 AM. Day three of the Senate Judiciary Committee's (SJC) hearings on the nomination of Judge Sam Alito to be a Justice of the Supreme Court. The SJC will hold the second round of questioning of Judge Alito. Location: Room 216, Hart Building.

11:00 - 11:45 AM. The National Science Board's (NSB) Election Committee will meet to fill a vacancy on the Executive Committee. This meeting is closed to the public. See, notice in the Federal Register, January 9, 2006, Vol. 71, No. 5, at Pages 1455 - 1456. Location: National Science Foundation, Room 1235, 4201 Wilson Boulevard, Arlington, VA.

12:00 NOON - 1:30 PM. The DC Bar Association's Intellectual Property Law Section will host a panel discussion titled "Post-Grokster: What the Supreme Court Decision Means to You and Your Clients". The speakers will include John Hornick (Finnegan Henderson). The price to attend ranges from $20-$40. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch regarding the "Implications of the recent Media Bureau decisions rescinding grants of assignment/transfer of control applications after the parties have closed". For more information, contact Howard Liberman at hliberman at dbr dot com. Location: __.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will hold the first in a series of weekly meetings to prepare for the International Telecommunications Union's (ITU) 2006 ITU Plenipotentiary Conference, to be held November 6-24, 2006, in Antalya, Turkey. See, notice in the Federal Register, December 21, 2005, Vol. 70, No. 244, at Page 75854. This notice incorrectly states that these meetings will be held on Tuesdays; they are on Wednesdays. For more information, contact Julian Minard at 202 647-2593 or minardje at state dot gov. Location: AT&T, 1120 20th St., NW.

3:00 - 5:00 PM. The Broadcasting Board of Governors will meet. This meeting is closed to the public. See, notice in the Federal Register, January 9, 2006, Vol. 71, No. 5, at Page 1409. Location: Middle East Broadcasting Networks, Inc., 7600 Boston Blvd., Suite D, Springfield, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for declaratory ruling (DR) filed by Grande Communications that seeks a DR regarding the treatment of traffic terminated through Grande to end users of interconnected local exchange carriers (LECs), in circumstances where customers of Grande have certified that the traffic originated in Internet protocol (IP) format. See, notice in the Federal Register, November 2, 2005, Vol. 70, No. 211, at Pages 66411 - 66412. See also, story titled "FCC Sets Comment Deadlines for DR Petition on IP Originated VOIP Traffic and Intercarrier Compensation" in TLJ Daily E-Mail Alert No. 1,246, November 3, 2005. This proceeding is WC Docket No. 05-283.

Deadline to submit to the Department of Commerce's Technology Administration nominations of individuals to serve on the National Medal of Technology Nomination Evaluation Committee. See, notice in the Federal Register, December 12, 2005, Vol. 70, No. 237, at Page 73453.

9:30 AM. Day four of the Senate Judiciary Committee's (SJC) hearings on the nomination of Judge Sam Alito to be a Justice of the Supreme Court. The SJC may begin to hear testimony from panels of outside witnesses. Location: Room 216, Hart Building.

The Federal Communications Commission (FCC) will begin its FM Broadcast Construction Permits Auction (Auction No. 62).  See, Public Notice [PDF] numbered DA 05-3204, and dated December 21, 2005.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Jan Voda v. Cordis Corporation, App. Ct. No. 05-1238. This is a patent dispute arising in the U.S. District Court (WDOkla), D.C. No. 03-CV-1512. The issue is whether the District Court has supplemental jurisdiction over foreign patent infringement claims in a U.S. patent infringement action under 28 U.S.C. § 1367(a). See, amicus brief [PDF] of the AIPLA, and amicus brief [35 pages in PDF] of the IPO. Location: Courtroom 402, 717 Madison Place, NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Patent Law for Non-Patent Lawyers". The speakers will include Jacqueline Bonilla (Foley & Lardner) and Elizabeth Brenner (Rothwell Figg Ernst & Manbeck). 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 one of a two day conference hosted by the National Institute of Standards and Technology's (NIST) Intelligent Systems Division and the Defense Advanced Research Projects Agency (DARPA) titled "Evaluating Cognitive Systems Workshop". This conference is closed to the public. See, notice. Location: NIST, Building 101, Lecture Room A, 100 Bureau Drive, Gaithersburg, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in North American Catholic Educational Programming Foundation v. FCC, No. 04-1384, a case regarding Instructional Fixed Television Service ((ITFS). See, FCC's brief [50 pages in PDF]. Judges Ginsburg, Sentelle and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Sandisk v. STMicroelectronics, No. 05-1300. Location: Courtroom 402, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Legislation and IP-Based Communications Practice Committees will host a brown bag lunch titled "Legislative Reform Affecting IP-Based Services". The speakers will be Howard Waltzman (Majority Chief Telecommunications Counsel for the House Commerce Committee), Amy Levine (Legislative Counsel to Rep. Rick Boucher (D-VA)), Melissa Newman (VP Regulatory Affairs at Qwest), and Chris Putala (EVP of EarthLink). RSVP to Wendy Parish at wendy at fcba dot org. Location: Verizon Wireless, 1300 Eye Street, NW, Suite 400 West.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Scientific Talent and U.S. Economic Leadership". The speakers will be Richard Freeman (Harvard), Steven Davis (AEI), David Weinstein (Columbia), and Kevin Hassett (AEI). Freeman will discuss his paper titled "Does Globalization of the Scientific/Engineering Workforce Threaten U.S. Economic Leadership?". See, notice. For more information, contact Chris Pope at cpope at aei dot org or Veronique Rodman (reporters) at vrodman at aei dot org. Location: 12th floor, 1150 17th St., NW.

Day two of a two day conference hosted by the National Institute of Standards and Technology's (NIST) Intelligent Systems Division and the Defense Advanced Research Projects Agency (DARPA) titled "Evaluating Cognitive Systems Workshop". This conference is closed to the public. See, notice. Location: NIST, Building 101, Lecture Room A, 100 Bureau Drive, Gaithersburg, MD.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding the NIST Draft Special Publication 800-76, titled "Biometric Data Specification for Personal Identity Verification".

Deadline to submit comments to the Antitrust Modernization Commission (AMC) on international antitrust issues. The AMC seeks comments in response to the following: "The adoption of competition or antitrust laws by over 100 jurisdictions around the world, as well as the globalization of commerce and markets, has given rise to the potential for conflict between the United States and foreign jurisdictions with respect to enforcement actions taken and remedies sought. Are there multilateral procedures that should be implemented, or other actions taken, to enhance international antitrust comity? In commenting, please address the significance of the issue, what solutions might reduce that problem, and how such solutions could be implemented by the United States." See, notice in the Federal Register, November 16, 2005, Vol. 70, No. 220, at Pages 69510 - 69511.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to a petition for declaratory ruling [34 pages in PDF] filed by the Fax Ban Coalition that asks the FCC to find that the FCC has exclusive authority to regulate interstate commercial fax messages, and that § 17538.43 of the California Business and Professions Code, and all other State laws that purport to regulate interstate facsimile transmissions, are preempted by the TCPA, which is codified at 47 U.S.C. § 541.

Martin Luther King's birthday.

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

Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) regarding its "Proposed Principles for Federal Support of Graduate and Postdoctoral Education and Training in Science and Engineering". See, notice in the Federal Register, November 16, 2005, Vol. 70, No. 220, at Pages 69563 - 69565.