5/8. The Government Accountability Office (GAO) released a report [93 pages in PDF] titled "Sarbanes-Oxley Act: Consideration of Key Principles Needed in Addressing Implementation for Smaller Public Companies".

This report provides some support for the argument advanced by small public technology companies that Section 404 of the Sarbanes Oxley Act is imposing huge burdens on them, with little benefit to investors.

The report finds that smaller public companies face disproportionately higher costs of compliance than do larger companies. It also finds that this Act creates other difficulties for small companies. It also provides evidence that supports that argument that Section 404, as currently drafted and implemented by the Securities and Exchange Commission (SEC), provides little benefit to investors. Notably, the report finds that those who finance privately held companies that do not intend to go public do not impose requirements on private companies similar to those in the Sarbanes-Oxley Act.

Section 404. The "Sarbanes-Oxley Act of 2002" was HR 3763 in the 107th Congress. It is now Public Law No. 107-204. Its main sponsors were Sen. Paul Sarbanes (D-MD) and Rep. Mike Oxley (R-OH).

Section 404 is titled "Management assessment of internal controls". It provides, in full, as follows:

(a) RULES REQUIRED- The Commission shall prescribe rules requiring each annual report required by section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) to contain an internal control report, which shall--
   (1) state the responsibility of management for establishing and maintaining an adequate internal control structure and procedures for financial reporting; and
   (2) contain an assessment, as of the end of the most recent fiscal year of the issuer, of the effectiveness of the internal control structure and procedures of the issuer for financial reporting.
(b) INTERNAL CONTROL EVALUATION AND REPORTING- With respect to the internal control assessment required by subsection (a), each registered public accounting firm that prepares or issues the audit report for the issuer shall attest to, and report on, the assessment made by the management of the issuer. An attestation made under this subsection shall be made in accordance with standards for attestation engagements issued or adopted by the Board. Any such attestation shall not be the subject of a separate engagement.

GAO Findings. The report states that "While smaller companies historically have paid disproportionately higher audit fees than larger companies as a percent of revenues, the percentage difference between median audit fees paid by smaller versus larger public companies grew in 2004, particularly for companies that implemented the act's internal control provisions (section 404)." (Parentheses in original.)

The report continues that "Smaller public companies also cited other costs of compliance with section 404 and other provisions of the act, such as the use of resources for compliance rather than for other business activities. Moreover, the characteristics of smaller companies, including resource and expertise limitations and lack of familiarity with formal internal control frameworks, contributed to the difficulties and costs they experienced in implementing the act’s requirements."

The report suggests that the Section 404 requirements, "along with other factors, may have been a contributing factor in the reduced number of initial public offerings (IPO) issued by small companies. However, the overall performance of the stock market and changes in listing standards also likely affected the number of IPOs."

The report also discusses some of the burdens imposed upon small companies. It states that "some of the smaller companies that responded to our survey reported that their CFOs and accounting staff spent as much as 90 percent of their time for the period leading up to their first section 404 report on Sarbanes-Oxley Act compliance-related issues."

The report adds that "many of the smaller public companies incurred missed ``opportunity costs´´ to comply with the act that were significant. For example, nearly half (47 percent) of the companies that responded to our survey reported deferring or canceling operational improvements and more than one-third (39 percent) indicated that they deferred or cancelled information technology investments." (Parentheses in original.)

The report also offers evidence that is relevant to the question of whether some of the requirements of the Act are necessary to protect investors. For example, it states that "For those privately held companies not intending to go public, our research and discussions with representatives of financial institutions suggested that financing sources were generally not imposing requirements on private companies similar to those contained in the Sarbanes-Oxley Act as a condition for obtaining access to capital or other financial services."

The American Electronics Association (AEA) released a report [23 pages in PDF] last titled "Sarbanes-Oxley Section 404: The Section of Unintended Consequences and its Impact on Small Business". It states that "Skyrocketing implementation costs have put high-tech companies in the position of having to delay major projects at a time when many are struggling to compete with low-cost competition from Asia. Section 404 implementation is the quintessential example of the law of unintended consequences, with the biggest victim being small business."

William Archey, the head of the AEA, spoke at a luncheon on Capitol Hill on April 20, 2006. He stated at that event that Section 404 relief is one of the top regulatory priorities of small tech companies.

The Act's main sponsors were Sen. Sarbanes and Rep. Oxley. Both have announced that they will not run for re-election in November of 2006. As a consequence, no bills have yet been introduced in the Congress. Any bills on this subject would likely not be introduced until the 110th Congress convenes in January of 2007, out of curtesy to the retiring sponsors. Also, much of the reform sought by small companies could be addressed through implementation of Section 404 by the SEC and Public Company Accounting Oversight Board (PCAOB)

On Wednesday, May 10 at 9:00 AM through 5:30 PM the Securities and Exchange Commission (SEC) and the PCAOB will host a roundtable meeting regarding the reporting and auditing requirements of the Sarbanes Oxley Act, including Section 404 requirements. See, SEC notice.

The House Financial Services Committee, which Rep. Oxley chairs, held an oversight hearing on May 3, 2006, that addressed many issues. Rep. Oxley (at right) wrote in his opening statement [PDF] that "It is true that the implementation of the Act’s internal control requirements has been more onerous than originally predicted. However, it is critical that we allow our regulators to rectify the implementation difficulties that public companies and their auditors face."

He added, "In this regard, I am encouraged by the efforts that Chairman Cox and the Commission have made and continue to make in engaging in discussions with public companies and auditors about these internal control requirements. Following up on last year’s Roundtable, next week the Commission and the Public Company Accounting Oversight Board will be hosting a Roundtable on Internal Controls to discuss second-year experiences with these provisions."

Also, on March 2, 2006, Rep. Oxley and Rep. Richard Baker (R-LA) wrote a letter [PDF] to SEC Chairman Chris Cox that addressed Section 404.

The GAO prepared this report at the request of Sen. Olympia Snowe (R-ME) and Sen. Michael Enzi (R-WY). Sen. Enzi is a member of the Senate Banking Committee, which will have jurisdiction over any Section 404 relief legislation.

5/2. Sen. Jon Cornyn (R-TX) and others introduced S 2691, the "Securing Knowledge, Innovation, and Leadership Act of 2006", or SKIL Act. The bill contains numerous changes to the Immigration and Nationality Act to enable businesses to employ a greater number of skilled citizens of other countries. It would increase the annual cap on skilled workers who obtain H1b visas, and increase the number of workers who obtain H1b visas who do not count towards the annual cap.

The cosponsors of the bill are Sen. George Allen (R-VA), Sen. Mike Enzi (R-WY), Sen. Trent Lott (R-MS), Sen. Wayne Allard (R-CO), and Sen. Bob Bennett (R-UT). The bill was referred to the Senate Judiciary Committee.

Sen. Cornyn stated that "I am introducing the SKIL bill because I don't believe enough attention has been focused on legal immigrants, especially the highly skilled workers who contribute to our economy and comply with our laws. It is my hope that this legislation will allow U.S. companies to retain a highly educated workforce until we can channel more American students into the math, science, and engineer pipeline. The SKIL bill is yet another important piece of the U.S. competitiveness agenda, and I urge my colleagues to cosponsor this important legislation." See, Congressional Record, May 2, 2006, at Page S3896.

8 U.S.C. § 1184 pertains to admission of nonimmigrants. Subsection 1184(g)(1)(A) contains the annual limit on H1b visas. These B1b visas, in turn, are addressed at 8 U.S.C. § 1101(a)(15)(H)(i)(b).

Subsection 1184(g)(5) exempts certain persons from the B1b cap. These exemptions currently include persons employed at an "institution of higher education" and "at a nonprofit research organization or a governmental research organization". It also exempts 20,000 persons annually who have "earned a master's or higher degree from a United States institution of higher education".

The SKIL bill would make several changes to broaden the exemptions from the H1b cap.

It would remove the 20,000 cap on the exemption for those with higher degrees from U.S. institutions. It would add to the exemption persons with higher degrees from "an institution of higher education in a foreign country" and persons "awarded medical specialty certification based on post-doctoral training and experience in the United States". It would also exempt persons employed at any "nonprofit organization".

These persons would all still need to meet the qualifications specified at Subsection 1101(a)(15)(H)(i)(b). The effect of Subsection 1184(g)(5) is to increase the number of H1b visas issued annually beyond the cap. The effect of the SKIL bill would be to greatly increase further the number of H1b visas issued annually.

Sen. Cornyn frequently used the terms "science", "technology", "engineering", and "mathematics" (STEM), and "economy" and "competitiveness" in his speech.

Yet, his bill would expand immigration of persons both with, and without, STEM related skills. The above described provisions of his bill treat a degree in electrical engineering no differently than a degree in sociology. Expanding the categories of workers exempt from the H1b cap to include employees of "nonprofit organizations" is unrelated to STEM specialties.

The SKIL bill would also increase the annual cap on H1b visas, which is currently 65,000, to "115,000 in the first fiscal year beginning after the date of the enactment of the Securing Knowledge, Innovation, and Leadership Act of 2006". Then, the bill provides that if the cap is reached during any year, the cap for the next year would be raised by 20%.

Hence, hypothetically, if this provision were to go into effect, and if the cap were met every year for five years, then in the sixth year the cap would grown to over 286,000 (not including those H1b visas issued that do not count towards the cap).

The bill would also amend 8 U.S.C. § 1151(b)(1), which addresses "Aliens not subject to direct numerical limitations". It would add "Aliens who have earned a master's or higher degree from an accredited United States university" and "Aliens who have earned a master's degree or higher in science, technology, engineering, or math and have been working in a related field in the United States in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under section 203(b)."

Sen. Cornyn added that "The SKIL bill requires the government to change its processes so that companies do not waste valuable resources. If a worker has been in the U.S. and has complied with all immigration laws, he should be allowed to renew his visa here in the U.S. Why make that worker go to a consulate when all of the processing can be done here in the U.S.?"

The American Electronics Association (AeA) wrote in a release praising this bill that "Current H-1B and EB visa policies have stifled the ability of talented foreign nationals to come into and stay in this county, undercutting the competitiveness of U.S. firms and therefore impeding growth. The jobs and wealth that have been created by these individuals, benefiting our economy for years, will now be enjoyed by those countries with less stringent immigration regulations. If the best talent in the world finds it too difficult to get into our country, they will turn to our overseas competitors, creating a true threat to our economic and national security."

5/2. Sen. Jon Cornyn (R-TX) and Sen. Joe Lieberman (D-CT) introduced S 2695, the "Federal Research Public Access Act of 2006", a bill to make the fruits of some federal funded research available to the public.

The bill recites in its findings that "the Federal Government funds basic and applied research with the expectation that new ideas and discoveries that result from the research, if shared and effectively disseminated, will advance science and improve the lives and welfare of people of the United States and around the world" and "the Internet makes it possible for this information to be promptly available to every scientist, physician, educator, and citizen at home, in school, or in a library."

The bill provides that "each Federal agency with extramural research expenditures of over $100,000,000 shall develop a Federal research public access policy". The policy must address, among other things, the "free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable, but not later than 6 months after publication in peer-reviewed journals".

This bill was referred to the Senate Committee on Homeland Security and Governmental Affairs. Sen. Lieberman is the ranking Democrat on the Committee. Sen. Jeff Sessions (R-AL) has since joined as a cosponsor.

Sen. Cornyn stated in the Senate that "Each year, our Federal Government invests more than $55 billion on basic and applied research. ... The bulk of this money is spent by approximately 10 agencies, including: the National Institutes of Health, National Science Foundation, NASA, the Department of Energy, and the Department of Agriculture. These agencies use the money to fund research which is usually conducted by outside researchers working for universities, healthcare systems, and other groups." See, Congressional Record, May 2, 2006, at Page S3898.

He continued that "as it stands now, most Americans have little -- to no -- timely access to this wealth of information, despite the fact that their tax dollars paid for the research."

He summarized S 2695. "Under our bill, all Federal departments and agencies that invest $100 million or more annually in research will be asked to develop a public access policy. Each policy will require that all articles that result from federal funding be deposited in a publicly accessible archive no later than six months after publication. Our bill simply says to all researchers who seek government funding that we want the results of your work to be seen by the largest possible audience. It will ensure that U.S. taxpayers do not have to pay twice for the same research -- once to conduct it, and a second time to read it."

He said that "By sharing this information quickly and broadly with all potential users, we can advance science, accelerate the pace of new discoveries and innovations, and improve the lives and welfare of people at home and abroad."

5/8. President Bush announced his intent to nominate Eric Solomon to be Assistant Secretary of the Treasury for Tax Policy. He is currently acting Deputy Assistant Secretary for Tax Policy and Deputy Assistant Secretary for Regulatory Affairs. He has also worked for Ernst & Young, Cadwalader Wickersham & Taft, and Drinker Biddle & Reath. See, White House release.

5/8. President Bush nominated Michael Hayden (at right) to be Director of the Central Intelligence Agency. He is a General in the U.S. Air Force. He was previously Director of the National Security Agency (NSA). See, story titled "Bush, Gonzales & Hayden Discuss Presidential Intercepts and PATRIOT Act" in TLJ Daily E-Mail Alert No. 1,276, December 20, 2005, and story titled "Gen. Hayden Defends NSA E-Surveillance Program" in TLJ Daily E-Mail Alert No. 1,295, January 24, 2006. If confirmed by the Senate, he would replace Porter Goss, who resigned on Friday, May 5, 2006. See, transcript of White House event.

5/8. The American Bar Association (ABA) issued a second opinion on Brett Kavanaugh, President Bush's nominee to be a Judge of the U.S. Court of Appeals (DCCir). The ABA initially opined that Kavanaugh is "well qualified". The ABA changed this rating to "qualified". Kavanaugh is one of the Court of Appeals nominees opposed by Senate Democrats. The White House press office released a statement in support of Kavanaugh. It states that "He is responsible for coordinating virtually all documents to and from the President. He previously served as Senior Associate Counsel and Associate Counsel to the President, during which time he worked on numerous constitutional, legal, and ethical issues."

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

The Senate will meet at 9:45 AM. It will resume consideration of the motion to proceed to S 1955, the small business health plans bill.

7:45 AM - 3:45 PM. Day one of a two day, partially closed, meeting of the National Science Foundation (NSF). See, notice in the Federal Register: May 3, 2006, Vol. 71, No. 85, at Pages 26117-26118. Location: 4201 Wilson Blvd, Room 1235, Arlington, VA.

9:00 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, April 26, 2006, Vol. 71, No. 80, at Pages 24645-24646. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Earthlink v. FCC, App. Ct. No. 05-1087. This is a petition for review of Federal Communications Commission (FCC) orders granting petitions for forbearance from the obligations of 47 U.S.C. § 271 to provide unbundled access to certain broadband elements. See, FCC brief [50 pages in PDF]. Judges Sentelle, Brown and Edwards will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the CITEL PCC.II (Radiocommunication including Broadcasting) meetings on June 20-23, 2006, in Lima, Peru, and on October 17-20, 2006, in San Salvador, El Salvador. See, notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page 15798. Location: __.

Day two of a two day conference hosted by the American Cable Association (ACA) titled "Washington Summit". See, event brochure [PDF]. Location: __.

? May 9 may be the deadline to submit reply comments to the Federal Communications Commission (FCC) in response to ENUM LLC's petition for limited waiver to allow it to obtain North American Numbering Plan (NANP) numbering resources. The FCC's notice [PDF] states that this deadline is both May 5 and May 9.

The House will meet at 10:00 AM for legislative business. The House may consider HR 5122, the "National Defense Authorization Act for Fiscal Year 2007". See, Republican Whip Notice.

7:45 AM - 3:45 PM. Day two of a two day, partially closed, meeting of the National Science Foundation (NSF). The agenda of the 8:15 AM session on May 10 includes several topics, including "Global Environment for Networking Innovations" and "NSF's Cyberinfrastructure Vision", See, notice in the Federal Register: May 3, 2006, Vol. 71, No. 85, at Pages 26117-26118. Location: 4201 Wilson Blvd, Room 1235, Arlington, VA.

9:00 AM - 5:30 PM. The Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board (PCAOB) will host a roundtable meeting regarding the reporting and auditing requirements of the Sarbanes-Oxley Act of 2002, including Section 404 requirements. See, SEC notice. Location: SEC.

9:00 AM - 5:00 PM. The Progress and Freedom Foundation (PFF) will host a conference titled "Internet Security Summit". The speakers will include Federal Trade Commission (FTC) Chairman Deborah Majoras. See, notice. Press contact: Amy Smorodin at 202-289-8928 or asmorodin at pff dot org. Location: Hyatt Regency Washington on Capitol Hill, 400 New Jersey Ave., NW.

9:15 AM - 1:30 PM. The American Enterprise Institute (AEI) will host a conference titled "Key Issues in Telecommunications Policy". See, notice. Press contact: Veronique Rodman at 202-862-4871 or vrodman at aei dot org. Location: 12th floor, 1150 17th St., NW.

9:15 AM - 3:30 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet. Most of this meeting will be closed to the public. From 9:15 through 10:15 AM the NSTAC will discuss in open session the work of the Emergency Communications & Interoperability Task Force, Telecommunications and Electric Power Interdependency Task Force, Legislative and Regulatory Task Force, and Research and Development Task Force. From 10:15 AM through 3:30 PM the NSTAC will meet in closed session to discuss emergency communications & interoperability, international implications of the NGN, and regional coordination, planning, and exercises. See, notice in the Federal Register, April 27, 2006, Vol. 71, No. 81, at Page 24859. Location: Ronald Reagan Building and International Trade Center.

10:30 AM. The House Ways and Means Committee will meet to mark up the Draft Implementing Proposal [49 pages in PDF] of HR __, the "United States-Oman Free Trade Agreement Implementation Act". See, notice. Location: Room 1100, Longworth Building.

10:30 AM. The House International Relations Committee will hold a hearing titled "A Resurgent China:  Responsible Stakeholder or Robust Rival?". The witness will be Robert Zoellick (Deputy Secretary of State). See, notice. Location: Room 2172, Rayburn Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "Parental Power: TV Indecency, the FCC, and the Media's Response". The speakers will include Jack Valenti (former head of the Motion Picture Association of America) and Penny Nance (Special Advisor in the FCC's Office of Strategic Planning and Policy Analysis). Lunch will follow the program. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON - 1:15 PM. The DC Bar Association will host an event titled "Software and Business Method Patentability: A Changing Landscape?". The speakers will include Scott Alter (Wilmer Hale). The price to attend ranges from $10 to $30. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Social Security Numbers in Commerce: Reconciling Beneficial Uses with Threats to Privacy". See, notice. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

Federal Communications Commission (FCC) Auction 65 is scheduled to begin. This is an auction of 800 MHz Air-Ground Radiotelephone Service Licenses.

The House will meet at 10:00 AM for legislative business. The House may consider HR 5122, the "National Defense Authorization Act for Fiscal Year 2007". See, Republican Whip Notice.

8:00 AM - 3:30 PM. The National Science Foundation (NSF) will hold a hearing on international science partnerships. See, notice in the Federal Register, May 9, 2006, Vol. 71, No. 89, at Page 26984. Location: George Washington University, 1957 E Street, 7th Floor, City View Room.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime will hold a hearing on HR __, the "Cyber-Security Enhancement and Consumer Data Protection Act of 2006". See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently holds, cancels or postpones meetings without notice. Press contact: 224-5225. Location: Room 226, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Charter Communications and Advance/Newhouse Communications v. FCC, a case regarding cable operators and integrated navigation devices. It is App. Ct. No. 05-1237. See, FCC's brief [43 pages in PDF]. Judges Ginsburg, Tatel and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

MOVED TO MAY 3. 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).

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee will meet to prepare for meetings of the Organization for Economic Co-operation and Development (OECD) WPIE and CISP committee meetings of May 29-31, 2006. See, notice in the Federal Register, April 19, 2006, Vol. 71, No. 75, at Pages 20153-20154. Location: Room 2533, Harry Truman Building, 2201 C Street, NW.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the CITEL PCC.I (Telecommunication) meetings on May 23-26, 2006 in San Domingo, Dominican Republic, and on September 12-15, 2006, in Washington DC. See, notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page 15798. Location: __.

2:30 PM. The Senate Foreign Relations Committee will hold a hearing on the nomination of Daniel Sullivan to be Assistant Secretary of State for Economic and Business Affairs. See, notice. Location: Room 106, Dirksen Building.

3:00 - 5:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a continuing legal education (CLE) seminar titled "Master Class: Engineering Essentials and the Role of Technology in Telecommunications Policy Reform". See, registration form [PDF]. Location: Hogan & Hartson, 555 13th Street, NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding ACA International's petition for an expedited clarification and declaratory ruling concerning the Telephone Consumer Protection Act (TCPA) rules. See, notice in the Federal Register, April 26, 2006, Vol. 71, No. 80, at Pages 24634-24635. This is CG Docket No. 02-278.

The Republican Whip Notice states that "there are no votes expected in the House".

10:00 AM. The Federal Communications Commission's (FCC) entity titled "Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks" will hold a meeting. See, notice in the Federal Register, April 26, 2006, Vol. 71, No. 80, at Pages 24708-24709. Location: FCC Commission Meeting Room, Room TW-C305,FCC, 445 12th Street, SW.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding the proposed free trade agreement (FTA) between the U.S. and Malaysia. The USTR seeks comments on "electronic commerce issues", "trade-related intellectual property rights issues", "barriers to trade in services", and other topics. See, notice in the Federal Register, March 22, 2006, Vol. 71, No. 55, at Pages 14558-14559.

12:00 NOON - 1:15 PM. The DC Bar Association will host a panel discussion titled "Software and Business Method Patentability: A Changing Landscape?". The speakers will include Scott Alter (Wilmer Hale). The price to attend ranges from $10-$30. 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) Wireless Telecommunications Practice Committee will host a lunch. The topic will be former FCC Bureau Chief's perspectives on the wireless industry. The speakers will be John Muleta, Michele Farquhar, Regina Keeney, and Dan Phythyon. The price to attend is $15. Reservations and cancellations are due by May 9 at 5:00 PM. See, registration form [PDF]. Location: Sidley Austin, 1501 K Street, 6th Floor.

Recommended deadline to submit comments to the Office of the U.S. Trade Representative (USTR) and the Department of Labor regarding the proposed free trade agreement (FTA) between the United States and Malaysia on U.S. employment, including labor markets. See, notice in the Federal Register, March 31, 2006, Vol. 71, No. 62, at Pages 16349-16350.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding pulver.com's and Evslin's petition [18 pages in PDF] for a rulemaking regarding number porting in emergencies. See, FCC notice [PDF] and story titled "Pulver Asks FCC to Require Greater Number Porting in Emergencies" in TLJ Daily E-Mail Alert No. 1,329, March 14, 2006.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Complx Covad Comm v. FCC, App. Ct. No. 05-1095. Judges Ginsburg, Tatel and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) IP-Based Communications Practice Committee will host a brown bag lunch. The topic will be the Communications Assistance for Law Enforcement Act (CALEA). The speakers will include Matt Brill (Latham & Watkins), Chris Bubb (AOL), Samir Jain (Wilmer Cutler Pickering Hale & Dorr). Location: Pillsbury Winthrop, 2300 N St., NW.

EXTENDED TO MAY 19. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding privacy of consumer phone records. See, notice in the Federal Register, March 15, 2006, Vol. 71, No. 50, at Pages 13317-13323. The FCC adopted this NPRM on February 10, 2006, and released the text [34 pages in PDF] on February 14, 2006. See, story titled "FCC Adopts NPRM Regarding Privacy of Consumer Phone Records" in TLJ Daily E-Mail Alert No. 1,308, February 13, 2006, and story titled "FCC Rulemaking Proceeding on CPNI May Extend to Internet Protocol Services" in TLJ Daily E-Mail alert No. 1,310, February 15, 2006. This NPRM is FCC 06-10 in CC Docket No. 96-115 and RM-11277.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding mandatory thousands-block number pooling. See, notice in the Federal Register, March 15, 2006, Vol. 71, No. 50, at Pages 13323-13328. This NPRM is FCC 06-14 in CC Docket No. 99-200.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to various petitions for reconsideration of the FCC's Report and Order regarding the equipment authorization requirements for Unlicensed National Information Infrastructure (U-NII) devices employing dynamic frequency selection (DFS). See, notice in the Federal Register, May 3, 2006, Vol. 71, No. 85, at Pages 26004-26006. This proceeding is ET Docket No. 03-122.

TIME? The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will hold a meeting. Location: __.

11:30 AM - 1:00 PM. The American Bar Association (ABA) will host a continuing legal education (CLE) program titled "International Licensing: When Technology Crosses Borders". See, notice. Location: teleconference  and audio webcast only.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR __, the "Music Licensing for the Digital Age Act". See, notice. The hearing 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 panel discussion titled "Intellectual Property Primer". The speakers will include Joy Butler (Law Office of Joy Butler), Diana Michelle Sobo (Westerman Hattori Daniels & Adrian), Cathy Futrowsky (Gallop Johnson & Neuman), and Melinda Sossamon (Manning & Sossamon). The price to attend ranges from $10-$20. For more information, call 202-626-3463. 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 "Communications Law 202". It will cover the broadcast and cable industries. Reservations and cancellations are due by May 12 at 12:00 NOON. Prices vary. See, registration form [PDF]. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

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