8/31. Federal Reserve Board Chairman Ben Bernanke gave a speech in Greenville, South Carolina titled "Productivity". He said that new information and communications technologies (ICT) are a cause of the increase in the rate of productivity growth in the last 15 years.

This speech paralleled the speeches of other members of the FRB in recent years. See, October 24, 2002 speech by former FRB Vice Chairman Roger Ferguson titled "Productivity Growth: A Realistic Assessment", and story titled "FRB Vice Chairman Addresses Impact of Computer and Software Technology on Productivity Gains" in TLJ Daily E-Mail Alert No. 535, October 25, 2002. See also, October 23, 2002 speech by former FRB Chairman Alan Greenspan, and story titled "Greenspan Addresses Productivity Gains and Technological Innovation" in TLJ Daily E-Mail Alert No. 534, October 24, 2002.

Also, Bernanke's August 31 speech was a revised and updated version of a speech which he gave on January 19, 2005. See, story titled "FRB's Bernanke Addresses Productivity Growth and Information Technology" in TLJ Daily E-Mail Alert No. 1,061, January 24, 2005.

Bernanke (at left) began his latest speech by noting that "From the early 1970s until about 1995, productivity growth in the U.S. nonfarm business sector averaged about 1-1/2 percent per year", but that from 1995 through 2000 productivity grew 2-1/2 percent per year, and that it grew at 3-1/2 percent from the end of 2000 through the end of 2003, despite the tech bust and the terrorist attacks of September 11, 2001. He added that it has been growing at near 2-1/2 percent per year since, and suggested that this trend may continue.

He also stated that "productivity growth increased very rapidly earlier this decade and has continued to rise at a solid pace, even though IT investment declined sharply after the stock prices of high-tech firms plummeted in 2000".

He also discussed the disparity between the US and EU since 1995. He discussed data that showed that while EU nations have access to the same ICT, productivity growth in the EU since 1995 has lagged well behind that of the US. He added that while the EU lacks a comparable IT sector, it does have an active communications technology sector. And, he stated that "the U.S. advantage has been most evident in the IT-using sectors".

Bernanke offered explanations for these trends. He stated that "By 2000 or so, an emerging consensus held that the pickup in productivity growth was, for the most part, the product of both rapid technological progress and increased investment in new information and communication technologies (IT) during the 1990s".

"According to this view," said Bernanke, "developments in IT promoted U.S. productivity growth in two ways. First, technological advances allowed the IT-producing sectors themselves to exhibit rapid productivity growth.  For example, the development of more-reliable semiconductor manufacturing equipment and faster wafer-inspection technologies increased the rate at which companies such as Intel were able to produce microprocessors. Intel was also able to shorten its product cycle and increase the frequency of new chip releases, shifting its product mix toward more-powerful and, consequently, higher-value chips. Both the more-rapid pace of production and the higher average quality of output raised productivity at Intel as well as at competing firms that were forced to keep pace."

Secondly, "advances in information technology also promoted productivity growth outside the IT-producing sector, as firms in a wide range of industries expanded their investments in high-tech equipment and software and used the new technologies to reduce costs and increase quality."

However, he added that "the technology-based explanation of increased productivity growth does raise a couple of puzzles", such as why many other countries have adopted new ICT, but have not experienced that same productivity growth as the U.S.

He argued first that it is the higher level of competition, and lower level of government regulation, that has enabled the US to realize higher productivity growth from advances in ICT.

He argued that the US EU difference arises out of the circumstance that "labor markets in the United States tend to be more flexible and competitive". He continued that "taking full advantage of new information and communication technologies may require extensive reorganization of work practices, the reassignment and retraining of workers, and ultimately some reallocation of labor among firms and industries. Regulations that raise the costs of hiring and firing workers and that reduce employers’ ability to change work assignments -- like those that exist in a number of European countries -- may make such changes more difficult to achieve."

He next focused on "product markets". He said that "a high degree of competition and low barriers to the entry of new firms in most industries in the United States provide strong incentives for firms to find ways to cut costs and to improve their products. In some other countries, in contrast, the prominence of government-owned firms with a degree of monopoly power, together with a regulatory environment that protects incumbent firms and makes the entry of new firms difficult, reduces the competitive pressure for innovation and the application of new ideas."

Bernanke that discussed a "second productivity puzzle", which "relates to the further acceleration in productivity that occurred earlier in this decade despite the decline in IT investment after 2000 and the rather modest recovery in recent years". This, he argued, is connected to the tendency for productivity improvements to lag well behind investments in new technology, because, for example, "managers must have a carefully thought-out plan for using new technologies before they acquire them".

He elaborated that "managers must supplement their purchases of new equipment with investments in firm- or industry-specific research and development, worker training, and organizational redesign -- all examples of what economists call intangible capital."

"Because investments in high-tech capital typically require complementary investments in intangible capital for productivity gains to be realized, the benefits of high-tech investment may become visible only after an extended period during which firms are making the necessary investments in intangibles", said Bernanke.

There were several other developments that occurred around 1995 that Bernanke did not discuss in his speech. For example, he did not address whether the wide adoption of the world wide web and computer browsers around 1995 contributed to the jump in productivity growth around 1995. Nor did he discuss the possible impact on productivity growth of communications deregulation in the US.

Finally, he offered his predictions regarding future productivity growth. He said that "recent estimates by leading economists continue to peg the expected longer-term rate of productivity growth at roughly 2-1/2 percent per year". He then offered some comments on factors that may either impede or promote sustained high levels of productivity growth.

He said that "although spending on high-tech equipment and software has recovered noticeably from its recent lows, growth in IT spending remains well below the rates observed before the 2001 recession. Some industry participants have suggested that less-rapid growth in IT spending may reflect the absence of major new business applications for IT -- ``killer apps,´´ as they are called."

On the other hand, he said that "the price of computing power continues to fall sharply, having declined by nearly half in the five years between 2000 and 2005. Increased computing power has in turn contributed to advances in other fields, such as biotechnology, and has helped to increase the range of goods and services available to businesses and consumers. Moreover, whatever the pace of future technological progress, further diffusion of already-existing technologies and applications to more firms and industries should continue to increase aggregate productivity for a time."

He also offered one policy recommendation for maintaining technology based productivity gains. He said that "new technologies will translate into higher productivity only to the extent that workers have the skills needed to apply them effectively. Moreover, because technology is always changing, the acquisition of those skills has become a lifelong challenge, one that continues well after formal education is completed."

Hence, he concluded that "If the recent gains in productivity growth are to be sustained, ensuring that we have a workforce that is comfortable with and adaptable to new technologies will be essential."

9/6. The House Judiciary Committee's Subcommittee on Crime, Terrorism and Homeland Security held a hearing titled "Legislative Proposals to Update the Foreign Intelligence Surveillance Act (FISA)".

The hearing addressed HR 4976, the "NSA Oversight Act", HR 5223, the "Surveillance Activities Commission Act of 2006", HR 5371, the "Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act" (or "LISTEN Act"), HR 5825, the "Electronic Surveillance Modernization Act", S 2453, the "National Security Surveillance Act of 2006", and S 2455, the "Terrorist Surveillance Act of 2006".

Robert Deitz, General Counsel of the National Security Agency (NSA), wrote in his prepared testimony [7 pages in PDF] that the FISA should be revised, but that "surveillance directed at individuals who are not due protection under the Fourth Amendment should be removed from the statute's coverage." He wrote that "the most significant factor in determining whether or not a court order is required ought to be the location of the target of the surveillance, and that other factors such as where the surveillance takes place and the mode of communication surveilled should not play a role in this determination."

He elaborated that "Principally, the issue on which the need for a court order should turn -- but does not turn under the current FISA -- is whether or not the person whose communications are targeted is generally protected by the guarantees of the Constitution. That question, in turn, is largely determined by the location of the target. People inside the United States who are the targets of electronic surveillance, regardless of where the surveillance is conducted or what means are used to transmit a communication, should be the only ones who receive the protection afforded by court approval. At the same time, people outside the United States who are not U.S. persons, again regardless of where the surveillance is effected or the technology employed, should not receive such protection. The FISA should be returned to what we believe was its original purpose of regulating foreign surveillance targeting persons in the United States, not the surveillance of non-U.S. persons overseas who are not entitled to constitutional rights."

He also argued that the government must be able to "compel communications providers to provide information to the Government, even in the absence of a court order", and that communications providers should be given immunity from liability.

Jim Dempsey, of the Center for Democracy and Technology (CDT), wrote in his prepared testimony [17 pages in PDF] that "Something fundamentally different than mere updating is being proposed today. The Administration, caught in its secret violation of FISA, is now seeking radical changes in the law, changes that go farther even than ratifying the President’s program."

Dempsey continued that "The most radical proposal is that of Chairman Specter, which would effectively gut FISA by repealing its exclusivity provision, making it merely optional for the Administration to seek a court order for electronic surveillance inside the United States against American citizens. The bill co-sponsored by Chairman Sensenbrenner, while it would preserve the nominal exclusivity of FISA, not only would ratify the President’s program of warrantless surveillance for foreign-to-US communications, but also would permit much more warrantless surveillance of purely domestic calls. The result would be to cast a cloud of constitutional uncertainty over what the Administration claims is a valuable tool in preventing terrorism."

The other witnesses were Steve Bradbury (acting Assistant Attorney General in charge of the Office of Legal Counsel) and Robert Alt (Ashland University).

8/31. The Internal Revenue Service (IRS) announced procedures for taxpayers to obtain refunds of amounts paid to the IRS as a result of its illegal collection of certain excise taxes on telecommunications services. The IRS had collected taxes, pursuant to 26 U.S.C. § 4251, on services not covered by § 4251.

The IRS persisted in collecting certain taxes until after five federal circuits, and numerous trial courts, had held that it could not. In May of 2006 the IRS announced that it would cease its illegal collections. See, story titled "IRS Announces It Will Cease Its Illegal Collection of Excise Taxes on Phone Service" in TLJ Daily E-Mail Alert No. 1,379, May 26, 2006.

The IRS stated in a release on August 31 that "anyone who paid the long-distance telephone tax will get the refund on their 2006 federal income tax return. This includes individuals, businesses and nonprofit organizations."

The IRS added that for individuals, but not for businesses, the IRS will allow refunds of "standard amounts". It elaborated that "These amounts, which range from $30 to $60, will enable millions of individual taxpayers to request the telephone tax refund without having to dig through old phone bills."

The IRS also stated that while "businesses and nonprofits must base their telephone tax refund on the actual amount of tax paid, the IRS is looking for ways to make the refund process easier for these taxpayers. The IRS is considering an estimation method businesses and nonprofits may use for figuring the tax paid."

See also, IRS Notice 2006-50 [PDF] and IRS web page titled "Telephone Tax Refund Questions and Answers".

9/1. The Department of Homeland Security (DHS) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (September 1, 2006) of its rules implementing the Critical Infrastructure Information Act of 2002 [11 pages in PDF]. See, Federal Register, September 1, 2006, Vol. 71, No. 170, at Pages 52261-52277.

This Act created an exemption to the disclosure provisions of the Freedom of Information Act (FOIA) for certain information regarding critical infrastructures voluntarily provided to the federal government. It was enacted as §§ 211-215 of HR 5005 (107th Congress), the "Homeland Security Act of 2002", the huge bill that created the DHS. HR 5005 is now Public Law No. 107-296.

See also, story titled "DHS Begins Rulemaking Proceeding on FOIA Exemption for Critical Infrastructure Information" in TLJ Daily E-Mail Alert No. 645, April 16, 2003, and story titled "DHS Announces Adoption of Rules Implementing the Critical Infrastructure Information Act" in TLJ Daily E-Mail Alert No. 840, February 19, 2004.

And see, the General Accounting Office's (GAO) report [69 pages in PDF] titled "Critical Infrastructure Protection: Improving Information Sharing with Infrastructure Sectors", and story titled "GAO Reports on Critical Infrastructure Information Sharing" in TLJ Daily E-Mail Alert No. 947, July 28, 2004.

9/6. Deputy U.S. Trade Representative Karan Bhatia gave a speech [6 pages in PDF] in which he gave an introductory overview of the work of the Office of the U.S. Trade Representative (USTR) to promote trade in the music industry. He touched briefly on market access and rules for secure e-commerce internationally. He then focused on the USTR's efforts to protect intellectual property interests in music, particularly with respect to the Peoples Republic of China and Russia.

9/6. The Office of the U.S. Trade Representative (USTR) announced that it has adjusted the responsibilities of two of USTR components. The USTR stated in a release that the USTR's recently created Office of Intellectual Property (OIP) will also assume responsibility for "innovation policy issues related to the pharmaceutical and medical technology industries", which had previously been handled by the USTR's Southeast Asia Office (SAO). The OIP is headed by Victoria Espinel. See also, June 23, 2006, release announcing the creation of the OIP. The SAO is headed by Barbara Weisel.

9/5. The U.S.-Kuwait Trade and Investment Framework Agreement (TIFA) Council held a meeting in Washington DC. The Office of the U.S. Trade Representative (USTR) stated in a release that "The two delegations discussed a number of areas of mutual interest, including their respective climates for foreign investment, legislative and regulatory issues affecting international trade, and the protection of intellectual property rights."

9/5. The Government Accountability Office (GAO) released a report [73 pages in PDF] titled "U.S. International Broadcasting: Management of Middle East Broadcasting Services Could Be Improved". It discusses Radio Sawa and the Alhurra satellite television networks, which are directed at Arabic speakers in 19 countries and areas. The Congress has appropriated more than $274 Million for Radio Sawa, Alhurra, and Alhurra-Iraq from FY 2002 through FY 2006. See also, Radio Sawa's English language web page.

9/5. The Government Accountability Office (GAO) released a report [39 pages in PDF] titled "Privacy: Domestic and Offshore Outsourcing of Personal Information in Medicare, Medicaid, and TRICARE". The GAO conducted a survey in preparing this report. It found that "Federal contractors and state Medicaid agencies widely reported domestic outsourcing of services involving the use of personal health information but little direct offshore outsourcing." It also found that "over 40 percent of the federal contractors and state Medicaid agencies reported that they experienced a recent privacy breach involving personal health information."

9/1. The Government Accountability Office (GAO) released a report [35 pages in PDF] titled "Information Security: Federal Deposit Insurance Corporation Needs to Improve Its Program". The report finds that the Federal Deposit Insurance Corporation (FDIC) "has not consistently implemented information security controls to properly protect the confidentiality, integrity, and availability of its financial and sensitive information and information systems." It found, for example, that the "FDIC did not consistently implement controls intended to prevent, limit, or detect access to its critical financial and sensitive systems and information. Weaknesses in access controls exist related to (1) user accounts and passwords, (2) access rights and permissions, (3) network services, (4) configuration assurance, (5) audit and monitoring of security-related events, and (6) physical security."

9/1. The Government Accountability Office (GAO) released its prepared testimony [24 pages in PDF] titled "Health Information Technology: HHS is Continuing Efforts to Define Its National Strategy". This was prepared for the House Government Reform Committee's Subcommittee on Federal Workforce and Agency Organization. The GAO stated that the Department of Health and Human Services (HHS) and its Office of the National Coordinator for Health Information Technology have "made progress" in many areas through the work of the American Health Information Community. However, the GAO added that "it still lacks detailed plans, milestones, and performance measures for meeting the President’s goals."

8/31. The Internal Revenue Service (IRS) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (August 31, 2006) of its final rule regarding property subject to 26 U.S.C. § 168 of the Internal Revenue Code (MACRS property) and the depreciation of computer software subject to 26 U.S.C. § 167. See, Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51727-51748.

8/31. The Government Accountability Office (GAO) released a report [25 pages in PDF] titled "Information Security: Federal Reserve Needs to Address Treasury Auction Systems". The report finds that the Federal Reserve Banks have not "implemented information system controls to protect the confidentiality, integrity, and availability of sensitive data and computing resources for the distributed-based systems and the supporting network environment relevant to Treasury auctions". The report elaborates that the FRBs "did not consistently (1) identify and authenticate users to prevent unauthorized access; (2) enforce the principle of least privilege to ensure that authorized access was necessary and appropriate; (3) implement adequate boundary protections to limit connectivity to systems that process BPD business;(4) apply strong encryption technologies to protect sensitive data in storage and on its networks; (5) log, audit, or monitor security-related events; and (6) maintain secure configurations on servers and workstations." The report finds, as a result, that "auction information and computing resources for key distributed-based auction systems that the FRBs maintain and operate on behalf of BPD are at an increased risk of unauthorized and possibly undetected use, modification, destruction, and disclosure. Furthermore, other FRB applications that share common network resources with the distributed-based systems may face similar risks." (The BPD is the Bureau of the Public Debt.)

9/6. CNET published a collection of paper and e-mail correspondence [7 pages in PDF] related to Hewlett Packard's admission in a Form 8-K filing with the Securities and Exchange Commission (SEC) on September 6, 2006, that it employed the practice of pretexting to spy on its Directors. That is, it fraudulently obtained confidential home phone records of Directors from their carriers. See also, story titled "HP Admits Spying on its Directors via Pretexting to Obtain Confidential Home Phone Records" in TLJ Daily E-Mail Alert No. 1,443, September 6, 2006.

In a letter to the Directors of HP, Thomas Perkins, a former Director who resigned when he learned of the pretexting, wrote that "I resigned in protest from the board of directors of the Hewlett-Packard Company, suddenly and enexpectedly, during a board meeting on May 18th of this year. The Nominating and Governance Committee of the board, which I chaired, had not been informed that the chair of the board had instigated a sub-rosa investigation to uncover the source of an alleged ``leak´´ of information to the Internet news site CNET.com in January 2006. The chair's investigation used the fraudulent method of ``pretexting´´ in order to obtain private telephone records of other board members."

He related that since he had written letters to the company, but not received responses, "it appears that my disagreement is not only with the chair, as I initially thought, but also with the Company. As my disagreement concerns probable unlawful conduct, improper board procedures, and breakdowns in corporate governance, it constitutes a disagreement ``on a matter relating to the registrant's operations, policies or practices´´ requiring disclosure to the SEC under Item 5.02 of Form 8-K and section 409 of the Sarbanes-Oxley Act of 2002."

Perkins continued that "I am hereby providing the Company notice that I consider the Company's Form 8-K filed on May 22, 2006, relating to my resignation to be defective because it did not describe my objection to and disagreement with the Company's operations, policies and practices as they relate to the chair's improper and likely unlawful investigation. I therefore disagree with the Company statements concerning my resignation and ask that, pursuant to Item 5.02(a)(3)(iii), the Company file this letter and its attachments with the Securities and Exchange Commission."

He concluded this letter my stating that "My history with the Hewlett-Packard Company is long and I have been privileged to count both founders as close friends. I consider HP to be an icon of Silicon Valley, and one of the great companies of the world. It now needs, urgently, to correct its course."

HP has not issued a public statement or release regarding its spying or pretexting. HP did issue a release regarding its "Integrity systems" on September 7. This release pertains to a computer server sold by HP, rather than to HP's ethics or corporate governance practices.

The House will meet at 10:00 AM for legislative business. It will consider HR 503, a bill to amend the Horse Protection Act. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will resume consideration of HR 5631, the Department of Defense FY 2007 appropriations bill.

9:30 AM. The Senate Homeland Security and Government Affairs Committee's Subcommittee on Federal Financial Management, Government Information, and International Security will hold a hearing titled "IT Projects at Risk: Is it too late to save $12 Billion?". See, notice. The witnesses will be Karen Evans (OMB) and David Powner (GAO). Location: Room 342, Dirksen 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. The SJC rarely follows its published agenda. Nevertheless, the SJC has announced that the agenda includes consideration of several judicial nominations, including Terrence Boyle (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), William Haynes (4th Circuit), William Myers (9th Circuit), Randy Smith (9th Circuit), Valerie Baker (U.S.D.C. for the Central District of California), Philip Gutierrez (U.S.D.C. for the Central District of California), George Holding (U.S. Attorney for the Eastern District of North Carolina), and Sharon Lynn Potter (U.S. Attorney for the Northern District of West Virginia). The agenda also includes consideration of S 2453, the "National Security Surveillance Act of 2006", S 2455, the "Terrorist Surveillance Act of 2006", S 2468, a bill to provide standing for civil actions for declaratory and injunctive relief to persons who refrain from electronic communications through fear of being subject to warrantless electronic surveillance for foreign intelligence purposes, S 3001, the "Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006", S 2831, the "Free Flow of Information Act of 2006", and S 1845, the "Circuit Court of Appeals Restructuring and Modernization Act of 2005". Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in O2 Micro International v. Monolithic Power Systems, App. Ct. No. 06-1064, an appeal from the U.S. District Court (NDCal) in a patent infringement and trade secrets case involving power management and security components for computers and handheld devices. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) will hold a training session of the new filing interface for FCC Form 608 Application or Notification for Spectrum Leasing Arrangement or Private Commons Arrangement. See, FCC notice [PDF]. Location: FCC, Room TW-B445A, 445 12th Street, SW.

11:00 AM - 12:30 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "National Security and Freedom of the Press". The speakers will be Andrew McCarthy (Foundation for Defense of Democracies), Stuart Taylor (National Journal), James Woolsey (former CIA Director), and Michael Leeden (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:30 PM. Sen. Joe Biden (D-DE) will speak at a luncheon hosted by the National Press Club (NPC). Location: NPC, 529 14th St. NW, 13th Floor.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Terrorism, Technology & Homeland Security will hold a hearing titled "Keeping Terrorists Off The Plane: Strategies For Pre-Screening International Passengers Before Takeoff". See, notice. Location: Room 226, Dirksen Building.

2:30 PM. The Public Knowledge will host a news conference by teleconference regarding its opposition to the World Intellectual Property Organization's (WIPO) broadcast treaty. The WIPO's Standing Committee on Copyright and Related Rights will meet on September 11-13, 2006, in Geneva, Switzerland, to consider, among other things, a document [108 pages in PDF] titled "Revised Draft Basic Proposal for the WIPO Treaty on the Protection of Broadcasting Organizations". The call-in number is 800-605-5167, and the passcode is 771238. For more information, call Art Brodsky at 202-518-0020 ext 103.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host a reception for Federal Communications Commission (FCC) Commissioners Deborah Tate and Robert McDowell. See, notice and registration form [PDF]. Prices vary. Location: Washington Hilton Hotel, 1919 Connecticut Ave., NW.

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

9:30 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to discuss the U.S. position on ITU budget shortfalls. See, notice in the Federal Register, August 16, 2006, Vol. 71, No. 158, at Page 47286. Location: undisclosed.

12:15 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a brown bag lunch titled "Prospects for Communications Reform in the 109th Congress". The speakers will be James Assey (Senior Minority Counsel, Senate Commerce Committee), Johanna Shelton (Minority Counsel, House Commerce Committee), Lisa Sutherland (Staff Director, Senate Commerce Committee), and Howard Waltzman (Chief Counsel, House Commerce Committee). RSVP to Chris Moore at chris_moore at burns dot senate dot gov. Location: Room HC-6, Capitol Building.

TIME? The U.S. Chamber of Commerce will host an event titled "Talkers Magazine Forum on Intellectual Property Rights". Talkers Magazine is a trade publication that covers the talk media industries, including broadcast talk radio and television, cable news and talk television, satellite radio talk, and podcasting. See, notice. For more information, contact Scott Eisner at ncfevents at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H Street, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the initial regulatory flexibility analysis of the FCC's Second Further Notice of Proposed Rule Making in its proceeding titled "In the Matter of Children's Television Obligations of Digital Television Broadcasters" and numbered MM Docket No. 00-167. See, notice in the Federal Register, August 25, 2006, Vol. 71, No. 165, at Pages 50380-50382.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding Neutral Tandem's petition for interconnection with Verizon Wireless. See, FCC's Public Notice (DA 06-1603) and notice in the Federal Register, August 30, 2006, Vol. 71, No. 168, at Pages 51617-51618. This proceeding is WC Docket No. 06-159.

9:00 AM - 12:00 NOON. The National Archives and Records Administration's (NARA) Information Security Oversight Office's (ISOO) Public Interest Declassification Board (PIDB) will hold a meeting to discuss declassification program issues. See, notice in the Federal Register, August 16, 2006, Vol. 71, No. 158, at Page 47258. Location: Washington Room, NARA, 700 Pennsylvania Ave., NW.

2:00 PM. The Senate Finance Committee will hold a hearing titled "NAFTA at Year Twelve". See, notice. Location: Room 215, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the competitive bidding procedures for Auction No. 69, which is scheduled to begin on February 7, 2007. In this auction, the FCC will offer two 3-megahertz blocks, each consisting of a pair of 1.5 megahertz segments in the 1392-1395 MHz and 1432-1435 MHz bands, in each of six Economic Area Groupings (EAGs). The FCC will also offer one 2-megahertz block of unpaired spectrum in the 1390-1392 MHz band in each of 52 Major Economic Areas (MEAs). See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51817-51822.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a rare public meeting. The agenda includes a discussion of "the PCAST review of the Federal Networking and Information Technology Research and Development (NITRD) Program" and a "presentation on ethical and societal issues related to emerging technology capabilities". See, notice in the Federal Register, August 29, 2006, Vol. 71, No. 167, at Pages 51193-51194. Location: George Washington University, Continental Ballroom, Marvin Center Building, 800 21st St., NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will hold a public meeting. The agenda includes discussion of encryption, the Wassenaar Statement of Understanding on Military End-uses, and other topics. See, notice in the Federal Register, August 30, 2006, Vol. 71, No. 168, at Page 51573. Location: Room 4830, Herbert Hoover Building, 14th Street between Constitution and Pennsylvania Avenues,  NW.

9:30 AM - 12:00 NOON. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division will hold another in their ongoing series of joint hearings on single firm conduct. This hearing will address "International Enforcement Perspectives". The speakers will be Philip Lowe (European Commission), Hideo Nakajima (Japan Fair Trade Commission), Eduardo Pérez Motta (Mexican Federal Competition Commission), and Sheridan Scott (Canadian Competition Bureau). See, FTC release. Location: FTC, Satellite Building, Conference Room C, 601 New Jersey Ave., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Nuvio Corp v. FCC, App. Ct. No. 05-1248. Judges Ginsburg, Griffith and Kavanaugh will preside. Location: 333 Constitution Ave., NW.

1:00 - 3:00 PM. The AEI Brookings Joint Center for Regulatory Studies will host a discussion of the book titled " Infotopia: How Many Minds Produce Knowledge" [Amazon], by Cass Sunstein (University of Chicago). The speakers will be Sunstein, Robert Hahn ( AEI Brookings Joint Center for Regulatory Studies), Tyler Cowen (George Mason University), and Robert Hanson (GMU). See, notice. Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

1:30 PM - 4:00 PM. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division will hold another in their ongoing series of joint hearings on single firm conduct. This hearing will address "Practitioner and Academic Perspectives". The speakers will be George Addy (Davies Ward Phillips & Vineberg), Margaret Bloom (Freshfields Bruckhaus Deringer), Paul Lugard (Royal Philips Electronics), and James Rill (Howrey). See, FTC release. Location: FTC, Satellite Building, Conference Room C, 601 New Jersey Ave., NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate Patent Infringement Case". The speakers will include Patrick Coyne and Jerry Ivey (both of Finnegan Henderson). The price to attend ranges from $80-$135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "How Can Technologies Help Secure Our Borders?" Location: Room 2318 Rayburn Building.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host a brown bag lunch. This will serve as the Committee organizational meeting. For more information, contact Russell Frisby at rfrisby at fw-law dot com or 202-939-7900. Location: Fleischman & Walsh, 1919 Pennsylvania Ave., NW, 6th Floor.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch to discuss upcoming activities. For more information contact Deborah Wiggins at dwiggins at g2w2 dot com. Location: Goldberg Godles Wiener & Wright, 1229 19th St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Political Broadcasting 202". The speakers will include Hans von Spakovsky (Commissioner of the Federal Election Commission), Robert Baker (FCC's Media Bureau), Hope Cooper (FCC's Media Bureau), Ann Bobeck (National Association of Broadcasters, invited), and David O'Connor (Holland & Knight). The price to attend ranges from $50-$125. See, registration form [PDF]. Location: Lower Level Conference Room, Holland & Knight, 2099 Pennsylvania Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the competitive bidding procedures for Auction No. 68, which is scheduled to begin on January 10, 2007. The FCC will auction nine construction permits in the FM broadcast service. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51822-51827.

8:15 AM - 3:00 PM. National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Page 51803. Location: Administration Building, Lecture Room D, Gaithersburg, MD.

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Computer Security Division Update", "Overview of the Privacy & Civil Liberties Oversight Board Activities", "Data Security Breaches", "Privacy Technology Project Discussion", "Safeguarding Personal Information", "Update Status of Security and Privacy Legislation", and "HSPD-12 Status Briefing". See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51802-51803. Location: George Washington University, Cafritz Conference Center, Room 101, 800 21st St., NW.

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).

12:30 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch to discuss the committee's program for the upcoming year. RSVP to Neil Dellar at neil dot dellar at fcc dot gov or 202-418-8214. Location: FCC, 8th Floor, South Conference Room.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet by conference call "to prepare advice on proposed U.S. contributions to Study Group 9 (Integrated broadband cable networks and television and sound transmission) of the International Telecommunication Union's Telecommunication Standardization Sector". See, notice in the Federal Register, August 28, 2006, Vol. 71, No. 166, at Page 50965. For more information, contact minardje at state dot gov or 202-647-3234.

Deadline to submit comments to the Securities and Exchange Commission (SEC) on its proposal to further extend for smaller public companies the dates for compliance with the internal control requirements mandated by Section 404 of the Sarbanes Oxley Act of 2002. See, notice in the Federal Register, August 15, 2006, Vol. 71, No. 157, at Pages 47060-47071.

Deadline to written requests to testify at the Office of the U.S. Trade Representative's (OUSTR) hearing on its preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 28, 2006, Vol. 71, No. 145, at Pages 42886-42887. The notice states that the deadline to submit written requests to testify is "Wednesday, September 14". A OUSTR representative stated to TLJ that this should have stated "Thursday, September 14".

Day one of a two day closed meeting of the Library of Congress's (LOC) Section 108 Study Group. This meeting will address "Copies made at the request of patrons/interlibrary loan" and "Licenses and contracts". This meeting is closed to the public. See also, 17 U.S.C. § 108. Location: undisclosed.

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