2/8. Federal Communications Commission (FCC) Chairman Kevin Martin answered questions about network neutrality on February 8, 2006, at an event hosted by the American Enterprise Institute (AEI).

Martin (at right) participated in an AEI panel discussion on the just published book by former FCC Commissioner Harold Furchtgott-Roth titled A Tough Act to Follow: The Telecommunications Act of 1996 and the Separation of Powers [Amazon]. He also responded to questions from reporters. See, transcript of Martin's statements regarding network neutrality.

The day before, Tuesday, February 7, 2006, the Senate Commerce Committee held a hearing on net neutrality. See, story titled "Senators Debate Net Neutrality Mandate" in TLJ Daily E-Mail Alert No. 1,305, February 8, 2006. No one from the FCC testified at that hearing.

Martin said that the FCC demonstrated its commitment to network neutrality by adopting a Policy Statement [3 pages in PDF] last August. See also, story titled "FCC Adopts a Policy Statement Regarding Network Neutrality" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005. The FCC released the text of the Policy Statement on September 23, 2005. See, story titled "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005.

He stated that "consumers should be able to access whatever content that they desire on the internet" and that there should be "a free flow of information on the internet across these various networks, whether its is cable modem or DSL network".

He elaborated that "the Commission has said that a carrier cannot block a consumer's access. On the other hand, the Commission has indicated that carriers are able to charge consumers varying degrees of prices for varying degrees of speed that they can get, and that that is not the same thing as blocking."

But, he added that the FCC "hasn't spoken" yet to "the issue of whether or not the carriers can charge any of the content providers".

Martin was asked about reporters' stories regarding broadband network owners' pricing of access to providers of internet services, such as Google. Martin said that "I think that the marketplace is still evolving, and think that you have to wait and see what, what actually develops, I think, rather than just responding to press reports, we will see what actually occurs."

He was also asked about the March 2005 Order [1 page in PDF] and Consent Decree [4 pages in PDF] affecting Madison River Communications. It had blocked ports used for voice over internet protocol (VOIP) applications. The FCC and Madison River entered into a consent decree that barred continuation of this practice.

Martin was asked whether the FCC could now take action against a cable modem service provider or DSL service provider, since it has classified these services a information services.

Also, several Senators and witnesses questioned the FCC's authority following its classification rulings.

Martin first pointed out that there were a complaint filed with the FCC that raises these questions, the FCC would address that. But, until then, he is limited in what he can say. However, he did comment on what the FCC did last year in the Madison River proceeding.

He said that the FCC "acted in the past when people were blocking internet access over broadband pipes, and the Commission has already said that broadband pipes by telecommunications companies are the same as cable companies."

Hence, he appears to suggest that the FCC would take action against any broadband service provider, including both cable modem and DSL, that blocks consumer access. However, this does not address whether the FCC now has authority to take action against a broadband service provider in connection with its charging or charging different prices to different content or service providers.

Also, Martin made the point that the action that the FCC took regarding Madison River was not dependent upon any common carrier classification. He said that the FCC "had never determined that clearly one way or another. We clarified the DSL order, but I don't think that the Commission had ordered that they were under the previous common carrier regime. I think that was still an open question. I think that that was the point of our original notice".

2/8. Rep. Heather Wilson (R-NM), a member of the House Intelligence Committee, released a statement in which she argued that "time has come to review and update the Foreign Intelligence Surveillance Act". She did not indicate how. She also said that more Members of Congress should be briefed.

"FISA was passed in 1978", Rep. Wilson said. "The law has lagged behind the pace of technology. The House Intelligence Committee and my subcommittee will evaluate and review FISA. Based on this work, we will develop legislation to update our foreign intelligence surveillance laws to keep pace with the communications technologies of the twenty-first century while protecting the civil liberties of Americans."

Wilson (at right) said that "The House Intelligence Committee as a whole has to be briefed into this program and fully informed by the Administration on exactly what is being done. We must conduct a complete review of this program. There are serious questions that need answers, and we are starting to get those answers."

She said that "I chair the House Intelligence Subcommittee that oversees the National Security Agency", but was not briefed about the NSA's program.

Rep. Wilson selected her words carefully. She did not state that any briefing should be either "public" or in the format of a "hearing". And, she did not assert that there is any public right to know anything about the NSA's program.

2/6. The Senate Judiciary Committee held a hearing on the National Security Agency's (NSA) extrajudicial surveillance of communications where one party is in the U.S. and one party is outside. The hearing was titled "Wartime Executive Power and the NSA's Surveillance Authority".

Attorney General Alberto Gonzales was the only witness. The sole topic of the hearing was the legality of the program. The hearing was long, and partisan, and added little new information to what has already been publicly disclosed by administration officials.

The scope of the hearing did not encompass the facts regarding the nature of the NSA program. Gonzales said very little about the program. He merely restated, but with less detail, what he, President Bush and General Hayden have previously stated in public speeches. The formal purpose of the hearing was to examine the legal basis for the NSA program.

The hearing did offer opponents and supporters of the Bush administration a forum to engage in partisan political posturing to a broad public audience.

While the hearing ran longer than most SJC hearings other than confirmation hearings for Supreme Court and Attorney General nominees, it elicited little new information. The scope of the hearing was limited by the jurisdiction of the SJC, and the interests of SJC members. The SJC does not have oversight authority over the NSA, intelligence gathering, or foreign relations. Moreover, this is a partisan issue for SJC members. Republican members did not seek to obtain information that might be embarrassing to the Bush administration. Democratic members did not seek to obtain information that might support the Bush administration.

Nature of the NSA Program. Gonzales' most detailed description of the program, from his long prepared testimony, was the following: "This terrorist surveillance program targets communications where one party to the communication is outside the U.S. and the government has ``reasonable grounds to believe´´ that at least one party to the communication is a member or agent of al Qaeda, or an affiliated terrorist organization."

Gonzales (at right) said almost nothing about the nature of the NSA program at issue. He often referred to "communications" and "international communications". He never defined or explained these terms. For example, he never indicated whether or not this program encompasses voice communications, e-mail, communications in transit, stored communications, data transfers, databases, mail carried by the U.S. Postal Service, carrier pigeons, or anything else.

Several times Senators asked questions in which they asked about specific types of communications, such as paper mail carried by the U.S. Postal Service, and e-mail. Each time Gonzales carefully phrased a response which clarified that he was speaking only as to "communications".

Sen. Leahy did press Gonzales on the subject of mail carried by the USPS. Gonzales said that "that is not what is going on here".

Nor did Gonzales explain what he meant by the terms "targets" or "targets communications". For example, he did not use the term "intercept", "wiretap", or "acquire" in his explanation of the program. Nor did he indicate whether or not the scope of the program includes creating, blocking, delaying, diverting, and/or modifying communications.

When Gonzales discussed the FISA, he stated that he does not concede, or deny, that all, or any of the communications at issue are "electronic communications" within the meaning of the FISA. He merely argued that, even assuming for the purpose of argument that the program does involve "electronic communications" within the meaning of the FISA, the program would not violate the FISA.

Nor did Gonzales say anything about the size of this NSA program, such as how many decisions to target have been made, how many persons have been affected, how many U.S. citizens have been impacted, or how many NSA persons are involved in the program.

Said Gonzales, "I cannot and will not address operational aspects of the program". He added that press accounts of operational aspects "are in almost every case, in one way or another, misinformed, confused, or wrong".

Private Sector Involvement. Nor did Gonzales state whether or not the program involves the cooperation or assistance of any telecommunications carriers, internet service providers, software makers, equipment manufacturers, or other private sector entities.

Sen. Ted Kennedy (D-MA) gave a speech laced with hyperbole during the hearing. One of the statements that he made was that "we are sending a message to the telephone companies that they may be prosecuted".

Gonzales did not immediately respond to this assertion.

Perhaps it is relevant to this assertion that the room was almost devoid of persons who might be characterized as employees, lobbyists for, or representatives of, telecommunications or technology companies. This has also been the case for the many hearings that have been held regarding the sunsetted provisions of the USA PATRIOT Act, many of which pertain to wiretaps, electronic surveillance, and seizure of electronic records.

In contrast, hearings in the past year on issues such as network neutrality, data security, privacy of phone records, and revising the Communications Act generally, attract legions of lobbyists and representatives of telecommunications and tech sector companies and groups.

Legal Authority for the NSA Program. Gonzales and most Republicans took the position that the President has legal authority to authorize this NSA program.

Democrats mostly took the position that the program is illegal. Sen. Patrick Leahy (D-VT), the ranking Democrat on the Committee, spoke before Gonzales. Sen. Leahy announced at the outset of his opening statement, before hearing from, or questioning, Gonzales, that "This is against the law."

The Committee did not hear testimony from any witnesses who dispute the legality of the program. For an example of legal arguments against the program, see the January 9, 2006, letter [11 pages in PDF] from 13 law professors and former government officials. See also, story titled "Law Professors Assert That NSA Electronic Surveillance Program Violates Law" in TLJ Daily E-Mail Alert No. 1,287, January 11, 2006.

Several Republicans used their time and their questions to argue the legality and necessity of the NSA program, and to defend the Bush administration.

Gonzales reiterated his prior arguments. First, regardless of any statute or resolution enacted by the Congress, the President holds independent authority under the Article II of Constitution. This, said Gonzales, is sufficient legal authority for the President to authorize the NSA to operate this program.

Next, Gonzales argued that the Foreign Intelligence Surveillance Act (FISA), which requires FISA court approvals, also contains an exception, at 50 U.S.C. § 1809(a)(1), which states, "except as authorized by statute". Gonzales said that the September 2001 Congressional resolution titled the "Authorization for Use of Military Force", or AUMF, fits this exception. That is, the President has legal authority, under the FISA, to authorize the NSA program, because the NSA program is covered by the AUMF. (The AUMF was SJRes 23. It became law on September 18, 2001. It is now Public Law No. 107-40.)

Gonzales added that the AUMF does not enumerate extrajudicial surveillance as a war power. However, Gonzales argued that this is not necessary. He reasoned largely on the basis of two cases -- Justice Jackson's concurring opinion in the 1952 case Youngstown Sheet & Tube, Co. v. Sawyer, which is reported at 343 U.S. 579, and the 2004 opinion of the Supreme Court in Hamdi v. Rumsfeld, which is reported 542 U.S. 507.

Gonzales submitted a 40 page statement for the record regarding the NSA program, as well as a shorter version. Although, these merely repeat and elaborate on the legal arguments that he has made in prior speeches.

President Bush's Statements. President Bush has spoken many times since December 17, 2005, about the NSA program.

On December 17, 2005, President Bush used his regular Saturday radio address to disclose the NSA program, which had just been reported by the New York Times. See, story titled "President Bush Discloses Interception of Communications Without Court Approval" in TLJ Daily E-Mail Alert No. 1,275, December 19, 2005.

On December 19, 2005, Bush held a news conference regarding this program. See, transcript. See also, story titled "Bush, Gonzales & Hayden Discuss Presidential Intercepts and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,276, December 20, 2005

On January 11, 2006, President Bush gave a speech in which he touched on the NSA program. See, story titled "Bush Discusses NSA Surveillance and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,288, January 12, 2006.

On January 23, 2006, Bush gave a speech at Kansas State University. See also, story titled "Bush Defends NSA Electronic Surveillance Program" in TLJ Daily E-Mail Alert No. 1,295, January 24, 2006.

On January 26, 2006, President Bush held a news conference at which he discussed the program. See, transcript. See also, story titled "Bush Asserts Power to Use Technology to Protect the American People" in TLJ Daily E-Mail Alert No. 1,298, January 27, 2006.

On January 31, 2006, President Bush gave his state of the union speech.

On February 1, 2006, President Bush gave a speech in Nashville, Tennessee. See, story titled "Bush Discusses NSA Surveillance in Nashville Speech" in TLJ Daily E-Mail Alert No. 1,302, February 2, 2006.

Gonzales's Prior Statements. AG Gonzales has twice before publicly offered legal defenses of the NSA program.

On December 19, 2005, Gonzales and Gen. Hayden held a joint news conference. See, transcript. See also, story titled "Bush, Gonzales & Hayden Discuss Presidential Intercepts and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,276, December 20, 2005

On January 24, 2006, Gonzales gave a speech. See also, story titled "AG Gonzales Defends Legality of NSA E-Surveillance Program" in TLJ Daily E-Mail Alert No. 1,296, January 25, 2006.

General Hayden's Prior Statements. General Michael Hayden has twice spoken publicly and in detail about the NSA program.

On December 19, 2005, Gonzales and Gen. Hayden held a joint news conference. See, transcript. See also, story titled "Bush, Gonzales & Hayden Discuss Presidential Intercepts and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,276, December 20, 2005

On January 23, 2006, General Michael Hayden gave a speech [21 pages in PDF]. See also, story titled "Gen. Hayden Defends NSA E-Surveillance Program" in TLJ Daily E-Mail Alert No. 1,295, January 24, 2006.

2/8. The World Trade Organization (WTO) announced that its General Council "noted the consensus on" a slate of chairpersons of WTO bodies. See, WTO release for list of 2006 chairs.

2/8. The Department of Justice, state plaintiffs, and Microsoft filed a pleading [20 pages in PDF] titled "Joint Status Report on Microsoft’s Compliance with the Final Judgments" with the U.S. District Court (DC) in U.S. v. Microsoft, D.C. No. 98-1232 (CKK). The District Court is scheduled to hold a status conference on February 14, 2006.

The House will next meet on February 14.

The Senate will meet 9:30 AM. It will resume consideration of S 852, the asbestos claims bill.

9:00 AM - 12:00 NOON. The Progressive Policy Institute (PPI) will host an event titled "Digitizing Medical Records: What are the Choke Points?". The speakers will include Sen. Tom Carper (D-DE). For more information, contact Austin Bonner at 202 547-0001 or abonner at dlc dot org. Location: Hyatt Regency Capitol Hill, Room Capitol A, Lobby Level, 400 New Jersey Ave., NW.

9:00 AM - 5:30 PM. The Anti-Spyware Coalition (ASC) will host a one day conference titled "Anti-Spyware Coalition Public Workshop: Defining the Problem, Developing Solutions". The speakers will include FTC Chairman Deborah Majoras, Walt Mossberg (Wall Street Journal Columnist), and Susannah Fox (Pew Internet and American Life). See, agenda. For more information, contact Ari Schwartz of the Center for Democracy and Technology (CDT) at 202 637-9800. The price to attend is $200 (for registrations before December 3), $250 (after December 3). The ASC states that "The event is free for press. Contact David McGuire, (202) 637-9800 x106 to obtain credentials." Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

9:30 - 10:30 AM. The Heritage Foundation will host a panel discussion titled "When Bin Laden Calls ... Should We Listen in?" The speakers will be James Woolsey (Booz Allen Hamilton, and former CIA Director), Todd Gaziano (Heritage), and Peter Brookes (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Transportation Security Administration's Aviation Passenger Pre-Screening Programs -- Secure Flight and Registered Traveler". The witnesses will be Kip Hawley (Assistant Secretary, Transportation Security Administration), Cathleen Berrick (GAO), James May (Air Transport Association of America), Charles Barclay (American Association of Airport Executives), Tim Sparapani (ACLU), and Bill Connors (National Business Travel Association). The hearing will be webcast by the SCC. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. See notice. Location: Room 562, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fiber Optic Design v. Season Special, App. Ct. No. 05-1488. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "E-Mail and the Securities Regulators: The View From All Sides". The speakers will include Donald Dowie (SEC's Division of Enforcement), Kevin Carroll (NASD's Enforcement Department), Ann Griffith (Friedman Billings Ramsey Group), Jay Perlman (O'Melveny & Myers), Daniel Regard (LECG), Julian Ackert (LECG), and Ivan Knauer (Bingham McCutchen). The price to attend ranges from $5-$10. For more information, call 202 626-4363. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in FMStar Semiconductor v. International Trade Commission, App. Ct. No. 05-1129. Location: Courtroom 201, 717 Madison Place, NW.

8:30 - 11:45 AM. The Alliance for Public Technology (APT) will host an event titled "Tuning In to the New Age of Video: Ensuring the Benefits of Advanced Technology for All Americans". The speakers will include Johanna Shelton (House Commerce Committee), Eloise Gore (FCC Media Bureau), Link Hoewing (Verizon), and Larry Goldberg (WGBH National Center for Accessible Media). See, notice. Location: National Press Club, 529 14th St. NW, 13th Floor.

11:00 AM. The U.S. District Court (DC) will hold a hearing in Electronic Privacy Information Center v. Department of Justice. This is a hearing on the EPIC's motion [PDF] for an order compelling the DOJ to expedite its processing of the EPIC Freedom of Information Act (FOIA) request for documents regarding the National Security Agency's (NSA) extra-judicial surveillance program. See also, story titled "EPIC Files FOIA Complaint Against DOJ for Records Related to NSA Domestic Terrorist E-Surveillance" in TLJ Daily E-Mail Alert No. 1,295, January 24, 2006. This case is D.C. No. 06-0096. For more information, contact David Sobel (EPIC General Counsel) at 202 483-1140 x105, or Marcia Hofmann at x112. Location: Courtroom 27A, Prettyman Courthouse, 3rd and Constitution, NW.

11:45 AM - 1:45 PM. The Alliance for Public Technology (APT) will host a luncheon titled "Susan G. Hadden Pioneer Awards Luncheon". See, notice.

The House may meet. The Republican Whip Notice states that "no votes are expected".

Day one of a four day conference hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2006 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in FCC v. ATT, App. Ct. No. 05-1096. Judges Randolph, Garland and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Luncheon with State PUC Officials". See, registration form [MS Word]. The price to attend ranges from $35 to $70. Location: Atrium Ballroom, Washington Court Hotel, 525 New Jersey Ave., NW.

12:00 NOON. The Cato Institute will host a panel discussion titled "The Federal Budget Outlook". The speakers will be Donald Marron (acting Director of the Congressional Budget Office), Chris Edwards (Cato), and Stephen Slivinski (Cato). See, notice and registration page. Lunch will be served. Location: Room 2237, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Notice of Proposed Rulemaking (NPRM) [26 pages in PDF] regarding Section 621(a)(1)'s directive that local franchising authorities (LFAs) not unreasonably refuse to award competitive franchises. The FCC adopted this NPRM on November 3, 2005, and released it on November 18, 2005. It is FCC 05-189 in MB Docket No. 05-311. See, notice in the Federal Register, December 14, 2005, Vol. 70, No. 239, at Pages 73973 - 73980. See also, story titled "FCC Adopts NPRM Regarding Local Franchising of Video Services" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005.

Day two of a four day conference hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2006 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "State and Local Issues and Municipal Networks". See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

10:00 AM. The Senate Banking Committee will hold a hearing on the nominations of Randall Kroszner and Kevin Warsh (to be members of the Board of Governors of the Federal Reserve System) and Edward Lazear (President's Council of Economic Advisors). See, notice. Location: Room 538, Dirksen Building.

Day three of a four day conference hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2006 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

POSTPONED. 10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "FCC Activities and Policy". See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

RESCHEDULED FROM JANUARY 31. 10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Video Franchising". The witnesses will be Ivan Seidenberg (Verizon), James Ellis (AT&T), Thomas Rutledge (Cablevision Systems Corporation), Brad Evans (Cavalier Telephone), Lori Tillery (National Association of Telecommunications Officers and Advisors), Anthony Riddle (Alliance for Community Media), Gene Kimmelman (Consumers Union), and Gigi Sohn (Public Knowledge). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "The Law and Economics of Interchange Fees". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Financial Services Committee (HFSC) will meet to received the Federal Reserve Board's (FRB) semiannual monetary policy report. FRB Chairman Ben Bernanke will testify. See, HFSC release. Location: Room 2128, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "An Overview of the Federal R&D Budget for Fiscal Year 2007". The witnesses will be John Marburger (Director of the EOP's Office of Science and Technology Policy), Samuel Bodman (Secretary of Energy), David Sampson (Deputy Secretary of Commerce), Arden Bement (Director of the National Science Foundation), and Charles McQueary (Undersecretary for Science and Technology at the DHS). For more information, contact Peter Rooney (Republican staff) at 202 225-6371, or Christal Sheppard (Democratic staff) at 202 225-6375. The hearing will be web cast by the HSC. Location: Room 2318, Rayburn Building.

10:30 AM. The House Ways and Means Committee will hold a hearing titled "President's Fiscal Year 2007 Budget". Secretary of the Treasury John Snow will testify. See, notice. Location: Room 1100, Longworth Building.

1:30 PM. The House Ways and Means Committee will hold a hearing titled "President Bush's Trade Agenda". See, notice. Location: Room 1100, Longworth Building.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will hold the sixth 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.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing to examine developments in nanotechnology. See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

5:00 PM. Deadline to submit applications to the National Institute of Standards and Technology (NIST) for its 2006 SURF grants. These are the Gaithersburg Summer Undergraduate Research Fellowship Program, and the Boulder Summer Undergraduate Research Fellowship Program. The NIST distributes grants for, among other topics, electronics and electrical engineering, and information technology. See, notice in the Federal Register, January 9, 2006, Vol. 71, No. 5, at Pages 1411 - 1416.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a continuing legal education seminar (CLE) titled "Federal Universal Service Regulation and Policy: Where are We Going, and Why?" The first of two panels is titled "USF Contribution Mechanisms". The speakers will be Joel Lubin (AT&T), Tina Pidgeon (GCI), Donald Stockdale (FCC's Wireline Competition Bureau), and Rick Cimerman (NCTA). The second panel is titled "USF Distribution Policies". The speakers will be Paul Feldman (Fletcher Heald & Hildreth), Eric Einhorn (AT&T), Nannette Thompson (GCI), and Bob Rowe (Rowe & Balhoff). See, notice [MS Word] and registration form [MS Word]. The price to attend ranges from $75 to $125. Location: Wiley Rein & Fielding, 1776 K Street, NW.

Day four of a four day conference hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2006 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

10:00 AM. The Senate Banking Committee will hold a hearing titled "First Monetary Policy Report to the Congress for 2006". Federal Reserve Board Chairman Ben Bernanke will testify. See, notice. Location: Room 538, Dirksen Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "What Every Lawyer Needs to Know About Copyright and Fair Use". The speakers will include Ronald Dove (Covington & Burling), Margaret Esquenet (Finnegan Henderson), and Matthew DelNero (Covington & Burling). 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.

TIME? The U.S. Chamber of Commerce will host a half day conference titled "Private Securities Litigation Ten Years After the PSLRA: What’s Working, What’s Not?". See, notice. Location: U.S. Chamber, 1615 H St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Engineering Committee will host a continuing legal education (CLE) seminar titled "FCC Regulation of New Technologies". The speakers will be Mitchell Lazarus (Fletcher, Heald & Hildreth), Julius Knapp (Deputy Chief of the FCC's Office of Engineering and Technology), Rashmi Doshi (Chief of the FCC's OET's Laboratory Division), Karl Nebbia (National Telecommunications Information Administration), Barry Ohlson (assistant to FCC Commissioner Jonathan Adelstein), and Jay Birnbaum (Current Communications Group). See, notice and registration form [PDF]. The price to attend ranges from $50 to $125. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW.

8:15 PM. Georgetown University Law Center (GULC) will host a panel discussion titled "The War on Terror: Civil Defense vs. Civil Liberties". The speakers will be Sen. Arlen Specter (R-PA), Rep. Jane Harman (D-CA), Neal Katyal (GULC), Seymour Hersh, and Wolf Blitzer (CNN). Location: GULC, Hart Auditorium, McDonough Hall, 600 New Jersey Ave., NW.

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