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June 14, 2006, Alert No. 1,391.
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Senate Commerce Committee Holds Hearing on Communications Reform Bill

6/13. The Senate Commerce Committee (SCC) held a hearing on S 2686, the "Communications, Consumer's Choice, and Broadband Deployment Act of 2006". This is Sen. Ted Stevens' (R-AK) bill, 151 pages long in the June 9 draft, that would revise many areas of communications and technology law.

It would streamline the video franchising process (Title III), revise the universal service subsidy system by, among other things, requiring more types of service providers to pay into the universal service fund (Title II), provide video and audio broadcast flag mandates (Title IV), and allow for municipal broadband services (Title V).

Title VI is the Wireless Innovation Act (WIN). It would require the FCC to complete its broadcast white space rulemaking proceeding, to permit unlicensed, non-exclusive use of unassigned, non-licensed television broadcast channels.

Title IX pertains to network neutrality. Section 901, the only section in this title of the bill, is titled "Neutral Networks for Consumers". It provides for annual studies by the FCC for five years, but no legislative mandates. It provides, in full, as follows:

(a) IN GENERAL.—Beginning 1 year after the date of enactment of this Act, the Federal Communications Commission shall report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce for 5 years regarding---
   (1) the developments in Internet traffic processing, routing, peering, transport, and interconnection;
   (2) how such developments impact the free flow of information over the public Internet and the consumer experience using the public Internet;
   (3) business relationships between broadband service providers and applications and online user services; and
   (4) the development of and services available over public and private Internet offerings.
(b) DETERMINATIONS AND RECOMMENDATIONS.---If the Commission determines that there are significant problems with any of the matters described in subsection (a) the Commission shall make such recommendations in its next annual report under subsection (a) as it deems necessary and appropriate to ensure that consumers can access lawful content and run Internet applications and services over the public Internet subject to the bandwidth purchased and the needs of law enforcement agencies. The Commission shall include recommendations for appropriate enforcement mechanisms but may not recommend additional rulemaking authority for the Commission.

The bill would leave unaffected the FCC's August 5, 2005, policy statement [3 pages in PDF].

Senators and witnessed remained sharply divided on several matters, especially the network neutrality issue.

Sen. Daniel Inouye (D-HI), the ranking Democrat released an prepared statement. He wrote in this statement that "I remain concerned by the lack of significant progress in a number of key areas that, in my view, are critical components of telecommunications reform legislation."

Sen. Daniel InouyeSen. Inouye (at left) continued that "Despite significant changes to preserve the legitimate interests of state and local governments in the franchising process, the legislation must do more to ensure that the franchising process will preserve important consumer protections, promote a fair and neutral process for all operators, and advance the ability of local communities to bring the benefits of modern communications networks to all of their citizens."

He also wrote that "Apart from video franchising, the current draft is inadequate in a variety of critical areas. It fails to maintain network neutrality through enforceable provisions that will prevent unfair discrimination by broadband network operators. It does not strengthen existing interconnection requirements, nor does it adequately promote competition in special access markets in the face of clear market failure. To ensure that consumers will see the benefits of increased competition and lower prices in all communications markets, we must ensure that these issues are addressed."

Many network neutrality bills and amendments have been introduced or offered this year in the Congress. For example, on May 19, 2006, Sen. Olympia Snowe (R-ME), Sen. Byron Dorgan (D-ND), and others introduced S 2917 [9 pages in PDF], the "Internet Freedom Preservation Act". See, story titled "Snowe and Dorgan Introduce Net Neutrality Bill" in TLJ Daily E-Mail Alert No. 1,375, Monday, May 22, 2006.

Sen. Byron DorganSen. Dorgan (at right), who is a member of the SCC, argued that S 2686 should include a network neutrality provision.

Also, on March 2, 2006, Sen. Ron Wyden (D-OR), who is also a cosponsor of S 2917, introduced S 2360, the "Internet Non-Discrimination Act of 2006". See, story titled "Sen. Wyden Introduces Net Neutrality Bill" in TLJ Daily E-Mail Alert No. 1,324, Tuesday, March 7, 2006.

Sen. Conrad Burns (R-MT) quipped that if one asks 20 people what network neutrality means, one will get 20 different answers.

Sen. John Sununu (R-NH) said that "we do have regulatory principles that have been put forth by the FCC on internet freedom", but that the legislative proposals put forth by Sen. Dorgan and other Senators, and by Rep. Ed Markey (D-MA) and other Representatives, would constitute "internet regulation", and could kill incentives to create new products.

Sen. Jim DeMint (R-SC) argued that network neutrality is government telling retailers how to run their businesses. He added that it would create a "litigation playground".

Sen. Mark Pryor (D-AR) asked questions regarding network neutrality in the context of protecting consumers.

This prompted Sen. Stevens to comment that "we ought to talk about the FCC having the right to be able, net neutrality issues that affect consumers, and let the the basic providers, the large providers, hire their attorneys to battle out their concepts of what is there. But, the protection of consumer, I think, we can handle network neutrality. When it comes to interfering with the marketplace, in terms of major expenditures of capital, I think we should stay away. I'd be glad to work with you."

Sen. Gordon Smith (R-OR) stated that "there is just so much enormous good in this broader bill, that it would be a tragedy" if the network neutrality issue were to derail the bill. He asked witnesses how to "split the baby" on the network neutrality issue so that some of the other provisions of the bill can be enacted into law.

John Rutledge, a consultant to the U.S. Chamber of Commerce, testified earlier regarding the likely effects of the bill, and various other proposals, on capital investment. He said that "Reforming telecommunications regulations will encourage new investment, innovation, and jobs and will free wireline and wireless service providers to engage in the capital spending they need to grow and to ensure that the capabilities of their networks are in sync and responsive to user needs."

He also said that FCC's policy statement regarding network neutrality is sufficient. He added that "there is no reason this country should assume the unintended risks (loss of investment, innovation, jobs, and competitiveness) by imposing a ``net neutrality´´ law." He said that such legislation would "impose government regulation on the Internet".

Sen. Inouye asked him if there is a middle ground on the network neutrality issue. Rutledge said that the status quo is the middle ground; there is already the FCC's policy statement and antitrust law.

Sen. Dorgan later stated that "antitrust enforcement in this town is almost ... nonexistent".

Sen. Smith questioned the Free Press's Ben Scott regarding network neutrality. Scott argued that the bill's language providing for FCC studies is insufficient. He argued that within five years "network discrimination routers" will already be in place.

Stevens responded that "The provision calls for an annual review by the FCC on a continued basis the day one. And when I hear you talk, Mr. Scott, I think you've used the word net neutrality really to mean put common carriage provisions applying to all communications. Now we’re not going to do that. And I don’t think anyone here would agree to put common carriage on all of it. So, we're dealing with communications now, not with the three levels of telecommunication, information service, and communication.  It's all communication because of the vast ability to compete now.  And with regard to the problem of charges, and really, net neutrality itself, if you take a search engine, the people have them will charge you more if you want your name to come up first.  Is that net neutrality?  I think we better be careful about what we’re talking about." (The SCC transcribed the entirety of Sen. Stevens' comments at this point in the hearing.)

See also, prepared testimony of witnesses in PDF:

  • Richard Green of the National Guard Association of the United States, who testified in support of Section 101 of the bill, regarding reducing phone call rates for members of the military stationed abroad.
  • John Rutledge of Rutledge Capital.
  • Ben Scott of the Free Press, who advocated network neutrality legislative mandates.
  • Dave McCurdy of the Electronic Industries Alliance.
  • Robert LeGrande of the District of Columbia Government, in support of Section 151 of the bill, regarding interoperable emergency communications.
  • Dan Glickman of the Motion Picture Association of America, who testified in support of copyright protection and the broadcast flag mandates.
  • John Rose of OPASTCO, who testified regarding universal service subsidies and intercarrier compensation.
  • Kenneth Fellman, Mayor of Arvada, Colorado, who testified on behalf of various municipal and county groups regarding video franchising.
  • Kyle McSlarrow of the National Cable & Telecommunications Association.
  • Walter McCormick of the US Telecom.
  • Christopher Putala of EarthLink, who testified regarding network neutrality, municipal broadband, stand alone broadband, and intercarrier compensation.
  • Steve Largent of the CTIA.
  • Philip Jones of the Washington Utilities and Transportation Commission and NARUC.
  • Robert Foosaner of Sprint Nextel.

On June 8, 2006, the House amended and approved HR 5252, the "Communications Opportunity, Promotion, and Enhancement Act of 2006" (COPE Act). The House bill is different in many respects from the S 2686.

FCC Grants Petitions of BellSouth, Verizon & Qwest

6/13. The Federal Communications Commission (FCC) released an order [9 pages in PDF] that grants a petition filed by BellSouth, and that grants in part petitions filed by Verizon and Qwest. The order grants Special Temporary Authority (STA) from the enforcement of specific statutory provisions, and waiver of certain FCC rules implementing such provisions, to plan for and undertake disaster recovery.

This authority affects certain separate affiliate requirements under 47 U.S.C. § 272, anti-slamming rules, structural separation requirements, tariff filing requirements, and network disclosure rules.

The order provides the following summary: "For purposes of disaster relief planning only, the Bureau issues today a one-year STA from the enforcement of, and waiver of the rules implementing, section 272 of the Communications Act of 1934, as amended (Act or Communications Act) to allow the companies to share non-public, Bell Operating Company (BOC) network information with their section 272 and other affiliates. We also grant Verizon a one-year waiver of the structural separation requirements of Part 64, Subpart T of the Commission’s rules to allow Verizon to engage in integrated disaster recovery planning with its former GTE affiliates. Moreover, for purposes of disaster response, we grant the Petitioners, upon invocation of their disaster response plans, limited STA from the enforcement of section 272 of the Act and waiver of (1) the accompanying rules, to permit the Petitioners use of their corporate network, personnel and facilities, including their affiliates, throughout their entire regions; (2) the “arm’s length” negotiations requirement of section 32.27 of the Commission’s affiliate transaction rules; (3) dominant carrier tariffing requirements of Part 61 of the Commission’s rules; (4) customer advance notice requirements of the Commission’s “slamming” rules; and (5) the Commission’s network disclosure rules’ prior notice and waiting period requirements." (Footnotes omitted; parentheses in original.)

USPTO Seeks Comments on Patentable Subject Matter

6/14. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that extends the deadline for comments on guidelines to be used by the USPTO in reviewing patent applications to determine whether the claims in the applications are directed to patent eligible subject matter. The new deadline is July 31, 2006. See, Federal Register, June 14, 2006, Vol. 71, No. 114, at Pages 34307-34308.

The USPTO issued interim guidelines last year. It published a notice in the Federal Register requesting comments. See, Federal Register, December 20, 2005, Vol. 70, No. 243, at Pages 75451 - 75452. See also, story titled "USPTO Seeks Comments on Subject Matter Eligible for Patents" in TLJ Daily E-Mail Alert No. 1,278, December 22, 2005.

The USPTO seeks comments that take into consideration the imminent opinion in Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., Sup. Ct. No. 04-607. The Supreme Court heard oral argument on March 21, 2006, but has not yet issued its opinion. Although, it will likely issue this opinion soon. See also, Supreme Court docket.

The USPTO's original deadline for comments was June 30, 2006. The extension will enable commenters time to review the Court's opinion before filing comments.

Lab Corp pertains to patentable subject matter under 35 U.S.C. § 101. Also, while this extension enables comments to address the Lab Corp case, the scope of the request for comments is broader.

See also, stories titled "Supreme Court Grants Certiorari in LabCorp v. Metabolite" in TLJ Daily E-Mail Alert No. 1,244, November 1, 2005, and "Chief Justice Roberts Recuses Himself in Case Regarding Patentable Subject Matter" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005.

BIS's McCormick Addresses Regulation of Tech Exports to PR China

6/9. David McCormick, Under Secretary at the Department of Commerce's Bureau of Industry of Security (BIS), gave a speech at the Center for Strategic and International Studies (CSIS) in Washington DC. He primarily discussed the direction of BIS regulation of exports to the Peoples Republic of China.

But first, he said that "Intellectual Property Rights remain a very important subject. The foundation of America's competitiveness is a knowledge-based, innovation-driven economy. And that economy depends not only on a well-educated and skilled workforce, but also global intellectual property protection. A responsible stakeholder should not tolerate widespread theft of intellectual property. Not only is piracy of ideas rampant in China , but also two-thirds of all the phony goods seized by U.S. Customs come from China . In addition, we know that 90 percent of the software sold within China was pirated."

David McCormickMcCormick (at right) also said that "Human Rights is another issue of concern", including "internet censorship". He elaborated, "How can one open a society to trade and maximize the flow of information that it requires, but also maintain the political restrictions that China has tried to impose? In the long run, you cannot."

The BIS regulates exports from the U.S., and matters related to exports. Hence, it has no authority related to over human rights or IPR enforcement.

McCormick next discussed the BIS's area of responsibility. He said that "China's military modernization is a third area of concern, and one which is particularly central to export control policy." He said the U.S. export control policy must ensure that exported dual use technologies must be used for civilian purposes, and not also be used to advance China's military.

He asserted that the BIS "has made real progress in evolving our strategic trade controls in the past several years in ways that have been beneficial for both the United States and China."

He elaborated that "For certain technologies, our new policy will free future trade of dual use items with certified importers in China for civilian purposes. U.S. exporters seeking to grow market share in critical sectors such as semiconductor equipment and electronics will be spared the need to apply for licenses for potentially hundreds of millions of dollars worth of sales to these companies in China."

"This aspect of the policy, however, not only frees up legitimate trade, but also increases U.S. security by ensuring closer scrutiny of key technology purchasers in China", said McCormick. "To become eligible, Chinese companies must demonstrate an established record of nonproliferation and responsible civilian use of U.S. imports. This process will require unprecedented openness and cooperation on the part of Chinese companies. And it will create incentives for them to demonstrate good faith and sound practices. In addition, it will allow U.S. government officials to focus on more complex cases with more severe implications for American security."

He continued that "The new policy will also bolster U.S. security by preventing exports of technologies for incorporation into Chinese weapons systems. It is not a wide-ranging ``catch-all regulation´´ that subjects everything from fountain pens to office furniture to government scrutiny. Rather, these changes carefully target certain technologies that, while unrestricted until now, have the potential to materially enhance China's military capabilities."

He added that "The Administration will also urge others, particularly in Europe and Japan, to take similar steps. And we will continue to conduct on-the-ground spot checks in China to reduce the risk that civilian exports are diverted to third parties or to China's own military purposes."

People and Appointments

6/13. Timothy Keeler was named Chief of Staff of the Office of the U.S. Trade Representative (USTR). He was previously Deputy to the Assistant Secretary for Legislative Affairs at the Treasury Department. See, USTR release.

6/8. The Senate confirmed Thomas Ludington to be a Judge of the U.S. District Court for the Eastern District of Michigan. See, Congressional Record, March 8, 2006, at Page S5675.

6/8. The Senate confirmed Sean Cox to be a Judge of the U.S. District Court for the Eastern District of Michigan. See, Congressional Record, March 8, 2006, at Page S5675.

More News

6/14. The Federal Trade Commission (FTC) published a notice in the Federal Register that it has determined to maintain its rule regarding deceptive advertising as to sizes of viewable pictures shown by television receiving sets. See, Federal Register, June 14, 2006, Vol. 71, No. 114, at Pages 34247-34249.

Washington Tech Calendar
New items are highlighted in red.
Wednesday, June 14

The House will meet at 10:00 AM legislative business. See, Republican Whip Notice.

The Senate will meet at 9:45 AM. It will resume consideration of HR 4939, the emergency supplemental appropriations bill.

9:00 - 11:00 AM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology. See, notice in the Federal Register: May 24, 2006, Vol. 71, No. 100, at Page 29919. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 - 11:30 AM. The Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC) will meet. See, notice in the Federal Register, May 30, 2006, Vol. 71, No. 103, at Pages 30717-30718. Location: Embassy Suites Hotel, Capital A Meeting Room, 900 10th Street, NW.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Reconsidering Our Communications Laws: Ensuring Competition and Innovation". The witnesses will be Rep. James Sensenbrenner (R-WI), William Kovacic (FTC Commissioner), Vinton Cerf (Google), David Cohen (Comcast), Walter McCormick (USTelecom), Christopher Putala (Earthlink), Blair Levin (Stifel Nicolaus & Company), Paul Morris (Utah Telecommunication Open Infrastructure Agency), and Jeff Kuhns (Pennsylvania State University). See, notice. The SJC frequently cancels or postpones hearings without notice. Press contact: Courtney Boone at 202-224-5225. Location: Room 226, Dirksen Building.

10:00 AM. The House Homeland Security Committee will meet to mark up several bill, including HR 4941, the "Homeland Security Science and Technology Enhancement Act of 2006", which adds a new section to the Homeland Security Act of 2002 titled "Cybersecurity Research and Development". Location: Room 311, Cannon Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the ITU Plenipotentiary Conference 2006 on November 6-24, 2006, in Ankara, Turkey. See, notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page 15798. Location: __.

10:30 AM - 12:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Sharpening Our Competitive Edge Through Investment in Advanced Technology Tools for Learning". The speakers will include Henry Kelly (Federation of American Scientists), Lawrence Grossman (Digital Promise), Michael Calabrese (NAF), Marland Buckner (Microsoft), Walter Cheek (BreakAway Games), and Dexter Fletcher (Institute for Defense Analyses). See, notice. Location: Room HC-5, Capitol Building.

12:00 NOON - 1:30 PM. The DC Bar Association's Intellectual Property Law Section will host a panel discussion titled "Fair Use (Part II) -- Fair Use of Copyrighted Works in the Digital Environment". The speakers will include Jonathan Band and Robert Kasunic (Principal Legal Advisor, Copyright Office). 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) Cable Practice Committee will host a brown bag lunch. The topic will be "Views from the Hill". The scheduled speakers are James Assey (Minority Senior Counsel for Communications, Senate Commerce Committee), Will Nordwind (Counsel and Policy Coordinator, House Subcommittee on Telecommunications and the Internet), Johanna Shelton (Minority Counsel, House Commerce Committee), Lisa Sutherland (Majority Staff Director for Sen. Ted Stevens). RSVP to Frank Buono at fbuono at willkie dot com. Location: Willkie Farr & Gallagher, 1875 K Street, NW.

1:45 PM. Proponents of network neutrality will hold a news conference. The participants will include Sen. Olympia Snowe (R-ME), Sen. Byron Dorgan (D-ND), Michele Combs (Christian Coalition), and Joan Blades (MoveOn.org). Location: Senate Swamp (out of doors, across Delaware Ave. from the Russell Building).

RESCHEDULED FROM JUNE 7. 2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Violent and Explicit Video Games: Informing Parents and Protecting Children". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735 or Paul Flusche (Stearns) at 202-225-5744. Location: Room 2322, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Judicial Nominations". See, notice. The SJC frequently cancels or postpones hearings without notice. Press contact: Courtney Boone at 202-224-5225. Location: Room 226, Dirksen Building.

7:00 - 9:00 PM. The Federal Communications Bar Association (FCBA) will host a reception. See, registration form [PDF]. Prices vary. Location: Corcoran Art Gallery, 500 17th Street, NW.

Thursday, June 15

The House will meet at 10:00 AM legislative business. See, Republican Whip Notice.

8:00 AM - 5:00 PM. Day one of a two day meeting to the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, May 22, 2006, Vol. 71, No. 98, at Page 29356. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

8:30 AM - 4:00 PM. The Department of Homeland Security's (DHS) Privacy Office will host a public workshop titled "Operationalizing Privacy: Compliance Frameworks & Privacy Impact Assessments", to explore policy, legal, and operational frameworks for Privacy Impact Assessments (PIAs) and Privacy Threshold Analyses (PTAs). See, notice in the Federal Register: May 24, 2006, Vol. 71, No. 100, at Page 29968. Location: GSA Regional Headquarters, Auditorium, 7th & D Streets, SW.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "Patent Trolls: Fact or Fiction". The witnesses will be Ed Reines (Weil Gotshal & Manges), Dean Kamen (DEKA Research & Development Corporation), Paul Misener (Amazon.com), and Chuck Fish (Time Warner). See, notice. Press contact: Jeff Lungren (HJC) or Terry Shawn (HJC) at 202-225-2492, or Beth Frigola (Rep. Smith) at 202-225-4236. Location: Room 2141, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones meetings without notice. Press contact: Courtney Boone at 202-224-5225. Location: Room 226, Dirksen Building.

POSTPONED TO JUNE 21. 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).

11:00 AM. The House Commerce Committee (HCC) will meet to mark up several bills, including HR 4157, the "Better Health Information Technology Promotion Act of 2005". See, notice. Location: Room 2123, Rayburn Building.

3:30 PM. The House Ways and Means Committee will meet to mark up HR 4157, the "Better Health Information Technology Promotion Act of 2005". Location: Room 1100, Longworth Building.

6:30 PM. The America's Future Foundation (AFF) will host a reception (6:30 PM) and panel discussion (7:00 PM) titled "Network Neutrality: Should Government Regulate the Internet?". The speakers will be James Gattuso (Heritage Foundation), Patrick Ross (Progress & Freedom Foundation), Alex Curtis (Public Knowledge), Frannie Wellings (Free Press), and Jerry Brito (Mercatus Center). See, notice. Location: Room B-338, Rayburn Building, Capitol Hill.

The Defense Science Board 2006 Summer Study on Information Management for Net-Centric Operations will hold a one day close meeting See, notice in the Federal Register, April 11, 2006, Vol. 71, No. 69, Page 18292. Location: 3601 Wilson Boulevard, 3rd Floor, Arlington, VA.

Deadline for the Federal Communications Commission's (FCC) entity titled "Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks" to submit its report to the FCC.

Friday, June 16

8:00 AM - 2:00 PM. Day two of a two day meeting to the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, May 22, 2006, Vol. 71, No. 98, at Page 29356. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

9:30 AM - 5:30 PM. The Antitrust Modernization Commission (AMC) will meet. See, notice in the Federal Register, June 1, 2006, Vol. 71, No. 105, at Pages 31152-31153. Location: Federal Trade Commission (FTC), Conference Center, 601 New Jersey Ave., NW.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its Draft Special Publication 800-80 [49 pages in PDF], titled "Guide for Developing Performance Metrics for Information Security".

Monday, June 19

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Technology, Innovation, and Competitiveness will hold a hearing titled "High-Performance Computing". Sen. John Ensign (R-NV) will preside. Location: Room 562, Dirksen Building.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Copyright Overview and Hot Topics for Communications Lawyers". For more information, contact Tarah Grant at tsgrant at hhlaw dot com or 703-610-6155 or Brendan Carr at bcarr at wrf dot com or 202-719-7305. RSVP to Brendan Carr. Location: Wiley Rein & Fielding, 1776 K Street, NW.

6:00 PM. The filing window closes for the Federal Communications Commission's (FCC) Auction 66. This is the auction of Advance Wireless Services (AWS) licenses in the 1710-1755 MHz and 2110-2155 MHz (AWS-1) bands. See also, notice in the Federal Register, June 2, 2006, Vol. 71, No. 106, at Pages 32089-32091.

Tuesday, June 20

POSTPONED TO JUNE 22. 10:00 AM. The Senate Commerce Committee (SCC) will meet to mark up S 2686, the "Communications, Consumer's Choice, and Broadband Deployment Act of 2006". See, notice. Press contact: Aaron Saunders (Stevens) at 202-224-3991 or Andy Davis (Inouye) at 202-224-4546. The meeting will be webcast by the SCC. Location: __.

12:30 - 2:00 PM. The U.S. Chamber of Commerce will host an event titled "Intellectual Property Forum Featuring Attorney General Alberto Gonzalez". See, notice and registration page. Location: Chamber, 1615 H Street, NW.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Privacy in the Commercial World II". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735 or Paul Flusche (Stearns) at 202-225-5744. Location: Room 2123, Rayburn Building.

2:00 - 4:00 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold the first of three hearings on single firm conduct. The speakers will be Deborah Majoras (FTC Chairman), Thomas Barnett (Assistant Attorney General in charge of the Antitrust Division), Dennis Carlton (University of Chicago Graduate School of Business), and Herbert Hovenkamp (University of Iowa College of Law). See, notice. Location: FTC, Room 432, 600 Pennsylvania Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Judicial Practice Committee will host a continuing legal education (CLE) seminar titled "The Judicial Year in Review". See, registration form [PDF]. Prices vary. The deadline to register is 5:00 PM on June 16. Location: Wiley Rein & Fielding, 1776 K Stree, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the transfer of licenses associated with the AT&T, BellSouth, and Cingular transaction. This is nominally a license transfer proceeding, but is also in the nature of an antitrust merger review. This proceeding will be governed by "permit but disclose" ex parte communications procedures under Section 1.1206 of the FCC's rules. See, FCC notice [10 pages in PDF] and FCC web page for its AT&T/SBC/Cingular merger review. This proceeding is WC Docket No. 06-74.

Wednesday, June 21

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).

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold the first of two hearings titled "Internet Data Brokers and Pretexting: Who has Access to Your Private Records?". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735 or Terry Lane (Barton) at 202-225-5735. Location: Room 2322, Rayburn Building.

11:00 AM. The Cato Institute will host a panel discussion titled "U.S. Trade Policy in the Wake of Doha: Why Unilateral Liberalization Makes Sense". The speakers will include Jagdish Bhagwati, (Columbia University) and Daniel Ikenson (Cato). Cato will also webcast the event. Lunch will follow the program. See, notice and registration page. Location: Cato, 1000 Pennsylvania Ave., NW.

2:30 PM. The Senate Commerce Committee's Subcommittee on Technology, Innovation, and Competitiveness will hold a hearing titled "Accelerating the Adoption of Health Information Technology". See, notice. Press contact: Aaron Saunders (Stevens) at 202-224-3991 or Andy Davis (Inouye) at 202-224-4546. Location: Room 562, Dirksen Building.

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