Tech Law Journal Daily E-Mail Alert
October 23, 2006, Alert No. 1,473.
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SEC Chairman Plugs Interactive Data and XBRL Reader Products

10/20. Securities and Exchange Commission (SEC) Chairman Chris Cox gave a speech at the 39th Annual Securities Regulation Seminar in Los Angeles, California. He once again spoke at length about interactive data.

Chris CoxIn this speech, Cox (at left) identified, described, and demonstrated several interactive data products and services, including Hitachi's Xinba XBRL Reader and Analyzer (which enables users to work with SEC data inside a Microsoft Excel spreadsheet), SavaNet's free XBRL Reader, Edgar Online's I-Metrix, and Rivet Software's Crossfire Analyst.

He also touched on the SEC's forthcoming e-proxy rules. He said that "In just a few months, we'll finalize our e-proxy rules, to further advance our goal of tapping the enormous power of technology and the Internet to simplify and improve disclosure."

FCC Releases NOI on Video Competition and Other Issues

10/20. The Federal Communications Commission (FCC) released the text of its Notice of Inquiry [37 pages in PDF] seeking information to assist it in preparing its annual report to the Congress on the status of competition in the market for the delivery of video programming.

The FCC also announced comment deadlines. The deadline to submit initial comments is November 29, 2006. The deadline to submit reply comments is December 29, 2006.

This is a wide ranging NOI that asks many questions that relate to other FCC proceedings, and are only marginally related to the status of competition in the market for the delivery of video programming.

The FCC adopted, but did not release, this item at its October 12, 2006, event titled "Open Meeting". See, story titled "FCC Adopts Notice of Inquiry Regarding Video Competition" in TLJ Daily E-Mail Alert No. 1,467, October 12, 2006.

In addition to seeking information about video competition involving traditional services, including cable systems and direct broadcast satellite (DBS) services, this NOI also asks about emerging services, such as wireless video and broadband video.

It seeks comments "on the availability and deployment of mobile television services, including information on programming agreements between video programming networks and other content providers and cell phone companies."

For example, it asks "how many mobile telephone users have access to, and subscribe to, such services? What equipment is needed to receive video over cellular, and what is the cost of equipment and service? In which markets is service available? We also are interested in any studies or surveys that explore the use of mobile video services as a complement to, or a substitute for, traditional video services. Do current trends in mobile video suggest that we should consider mobile telephone providers that offer video programming to be MVPDs?" (Footnote omitted.)

The NOI also seeks information on "video distribution from other wireless devices that are not CMRS providers and on the viewing equipment, including iPODs and personal digital assistants (PDAs), used to receive such programming. We seek information on the manner in which video content is delivered to these devices (e.g., broadcast vs. Internet downloading). We seek information on how programmers are re-purposing traditional broadcast and non-broadcast programming for viewing on these devices, and if programmers are creating content specifically for these new devices." (Footnote omitted.)

The NOI also asks about video that is streamed over the internet. It seeks "information as to the quality of readily available streaming and downloadable video". It also seeks "projections of whether Internet video will become a viable competitor in the market for the delivery of video programming and, if so, when such competition will emerge".

The FCC is required by 47 U.S.C. § 548(g) to "annually report to Congress on the status of competition in the market for the delivery of video programming". However, this NOI is long, wide ranging, and seeks information about many subjects other than "competition in the market for the delivery of video programming". It seeks information that is related to other open FCC proceedings. For example, it asks about VOIP and 911/E911.

VOIP/911. The NOI includes this. "Many cable operators appear to be adopting VoIP as the platform for their telephony offerings, although some continue to provide telephone service using circuit switched technology. At the end of June 2005, there were 1.2 million subscribers to cable's VoIP service. We seek information on the latest development and deployment of VoIP; the manner in which VoIP service is being marketed to subscribers (e.g., as part of bundled services); and whether discounts are offered to subscribers who subscribe to a package containing VoIP and other advanced services along with video service." (Footnote omitted. Parentheses in original.)

The NOI continues. "In how many markets do MVPDs provide switched circuit telephony, and where are they? To what extent are MVPDs phasing out switched circuit telephony? To what extent do cable operators offer telephony service for low-income households, similar to basic dialtone service or so-called plain old telephone service (POTS)? We also seek information on the extent to which these cable telephony services include 911 or E-911 service and battery backup systems."

See also, FCC proceeding titled "E911 Requirements for IP-Enabled Service Providers" and numbered WC Docket No. 05-196.

Content Protection. The NOI also asks for information of about technologies for the protection for copyrighted content. It includes this. "We seek comment on what content protection technologies are now available, how they work, and what legal or marketplace impediments have affected the roll-out of such tools. What technologies have consumer electronic manufacturers included in their set-top boxes or other devices designed to receive and display digital programming? What types of content protection requirements have video program networks negotiated with MVPDs to secure distribution of digital media? What types of content protection technologies are MVPDs using to secure on-demand digital media or programming made available through DVRs?"

It also asks "What is the relationship between content protection technologies and the availability of digital navigation devices for sale at retail establishments? We seek comment on what security measures are in use by IP-based technology providers, and the effect of the choice of such security measures on competition. We also invite comment on how the Commission can encourage the development of digital rights management technology that will promote consumer uses of, and access to, high value digital content."

The FCC issued this NOI in its proceeding titled "In the Matter of Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming". This item is FCC 06-154 in MB Docket 06-189.

FCC Adopts NPRM Proposing New DTV Table of Allotments

10/20. The Federal Communications Commission (FCC) announced and released its Seventh Further Notice of Proposed Rule Making [116 pages in PDF] in its proceeding titled "In the Matter of Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service".

FCC Commissioner Robert McDowell wrote in a separate statement [PDF] that with this item "we begin the final stage of the transition of broadcasters to digital television. The Notice proposes a new DTV Table of Allotments, taking the seventh and final step to complete the DTV channel election process."

This item states that "In developing the proposed new allotments, the Commission has attempted to accommodate broadcasters’ channel preferences as well as their replication and maximization service area certifications (made via FCC Form 381). Our proposed DTV Table is based upon the tentative channel designations (``TCDs´´) announced for eligible broadcast licensees and permittees (collectively, ``licensees´´) through the channel election process, along with our efforts to promote overall spectrum efficiency and ensure that broadcasters provide the best possible service to the public, including service to local communities." (Parentheses in original.)

It continues that "Once effective, the proposed DTV Table will guide stations in determining their build-out obligations. The proposed DTV Table will ultimately replace the existing DTV Table at the end of the DTV transition, when analog transmissions by full-power television broadcast licensees must cease. The current DTV Table will govern stations’ DTV operations until the end of the DTV transition." (Footnotes omitted.)

The item is FCC 06-150 in MB Docket No. 87-268. Initial comments are due by January 11, 2007. Reply comments are due by February 12, 2007. The FCC announced that it adopted this item on October 10, 2006.

More News

10/20. The National Institute of Standards and Technology (NIST) released its Draft Special Publication 800-53 [176 pages in PDF] titled "Recommended Security Controls for Federal Information Systems". This is Revision 1, Final Public Draft. See also, mark up copy [186 pages in PDF]. The deadline to submit comments is November 17, 2006.

10/20. President Bush gave a speech at a National Senatorial Committee reception in Washington DC. He stated that terrorists "carry video cameras, film their atrocities, email images and video clips to Middle Eastern cable networks like Al-Jazeera, and opinion leaders throughout the West. They operate web sites where they say their goal is to, ``carry out a media war that is parallel to the military war.´´"

10/20. The Securities and Exchange Commission (SEC) announced in a release that individual investors who were victimized in the MCI WorldCom financial fraud "will soon receive up to $150 million from an SEC fund set up to help compensate investors for their losses".

10/17. The Federal Communications Commission (FCC) released a Memorandum Opinion and Order [10 pages in PDF] in its proceeding titled "In the Matter of Radio X Broadcasting Corporation Bayamon, Puerto Rico". This order is FCC 06-151.

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Washington Tech Calendar
New items are highlighted in red.
Monday, October 23

The House will not meet. It may return from it elections recess on Monday, November 13, 2006. The adjournment resolution, HConRes 483, provides for returning on Thursday, November 9, at 2:00 PM.

The Senate will not meet. See, HConRes 483.

9:30 AM - 4:30 PM. Day one of a five day meeting of the U.S.-China Economic and Security Review Commission to conduct a final review of its 2006 annual report to the Congress. The agenda includes discussion of "China's Enforcement of Intellectual Property Rights and Its Production of Counterfeit Goods", "China's Media Control Activities", "The Effect of U.S. and Multilateral Export Controls on China's Military Modernization", and "China's WTO Compliance". See, notice in the Federal Register: October 18, 2006, Vol. 71, No. 201, at Pages 61541-61542. Location: Conference Room 333, Hall of the States, 444 North Capitol Street, NW.

5:30 - 8:00 PM. The Center for Democracy and Technology (CDT) and the National Council of Entrepreneurial Tech Transfer (NCET2) will host an event titled "University Start-Ups Capitol Hill Reception". See, notice. For more information, or to RSVP, contact rsvp at netcaucus dot org or 202-638-4370. Location: Room 902, Hart Building, Capitol Hill.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Handle Opposition and Cancellation Actions Before the Trademark Trial and Appeal Board". The speakers will include Judges Karen Kuhlke and Jeffrey Quinn (Trademark Trial and Appeal Board) and Gary Krugman (Sughrue Mion). The price to attend ranges from $90-$115. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its media ownership rules. The FCC adopted this FNPRM on July 21, 2006, and released the text [36 pages in PDF] on July 24, 2006. See also, story titled "FCC Adopts FNPRM on Rules Regulating Ownership of Media" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006. This FNPRM is FCC 06-93 in MB Docket No. 02-277, MM Docket No. 01-235, MM Docket No. 01-317, MM Docket No. 00-244, and MB Docket Nos. 06-121. See also, original notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages 45511-45515, and order [PDF] extending deadlines.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the internet gambling proceeding before the World Trade Organization (WTO) initiated by Antigua and Barbuda. See, story titled "WTO Appellate Body Upholds U.S. Laws Affecting Internet Gambling" in TLJ Daily E-Mail Alert No. 1,111, April 8, 2005. See, notice in the Federal Register, October 19, 2006, Vol. 71, No. 202, at Pages 61808-61809.

Tuesday, October 24

9:30 AM - 4:30 PM. Day two of a five day meeting of the U.S.-China Economic and Security Review Commission to conduct a final review of its 2006 annual report to the Congress. The agenda includes discussion of "China's Enforcement of Intellectual Property Rights and Its Production of Counterfeit Goods", "China's Media Control Activities", "The Effect of U.S. and Multilateral Export Controls on China's Military Modernization", and "China's WTO Compliance". See, notice in the Federal Register: October 18, 2006, Vol. 71, No. 201, at Pages 61541-61542. Location: Conference Room 333, Hall of the States, 444 North Capitol Street, NW.

12:00 NOON - 2:00 PM. The Alliance for Public Technology (APT) and the National Caucus and Center on Black Aged (NCBA) will host a brown bag lunch titled "Older Adults, Broadband and the Future of the Internet". The speaker will be Kristin Fabos (SeniorNet). Location: NCBA, Suite 800, 1220 L Street, NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Fall Reception with the FCC Bureau Chiefs". See, registration form [PDF]. The price to attend ranges from $15 to $100. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

6:00 - 8:15 PM. The DC Bar Association's Intellectual Property Law Section, and other Sections, will host a continuing legal education (CLE) seminar titled "Estate Planning for Artists, Authors and Collectors". The speakers will include Janet Fries (Drinker Biddle & Reath) and Ann Garfinkle (Whiteford Taylor & Preston). The price to attend ranges from $90 to $135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

TIME? Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee's (COMSTAC) Working Groups on Technology and Innovation, Reusable Launch Vehicle, Risk Management, and Launch Operations and Support will meet. See, notice in the Federal Register, September 15, 2006, Vol. 71, No. 179, at Page 54550. Location: __.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [9 pages in PDF] of October 13, 2006, and public notice [7 pages in PDF] of September 16, regarding the merger of AT&T and BellSouth. This proceeding is WC Docket No. 06-74.

Wednesday, October 25

9:30 AM - 4:30 PM. Day three of a five day meeting of the U.S.-China Economic and Security Review Commission to conduct a final review of its 2006 annual report to the Congress. The agenda includes discussion of "China's Enforcement of Intellectual Property Rights and Its Production of Counterfeit Goods", "China's Media Control Activities", "The Effect of U.S. and Multilateral Export Controls on China's Military Modernization", and "China's WTO Compliance". See, notice in the Federal Register: October 18, 2006, Vol. 71, No. 201, at Pages 61541-61542. Location: Conference Room 385, Hall of the States, 444 North Capitol Street, NW.

8:00 AM. The Federal Aviation Administration's (FAA) Commercial Space Transportation Advisory Committee (COMSTAC) will meet. See, notice in the Federal Register, September 15, 2006, Vol. 71, No. 179, at Page 54550. Location: FAA, Headquarters Building, Bessie Coleman Conference Center, 2nd floor, 800 Independence Ave., SW.

10:00 AM. The Consumer Electronics Association (CEA), Public Knowledge (PK), Media Access Project (MAP) will host a news conference to launch a "Digital Freedom Campaign". The speakers will include Gary Shapiro (CEA), Gigi Sohn (PK), and Harold Feld (MAP). For more information, contact Jennifer Stoltz at 202-448-3145 or jstoltz at qorvis dot com. Location: National Press Club, Main Ballroom, 13th Floor, 529 14th Street, NW.

10:00 AM. The Federal Communications Commission's (FCC) Technological Advisory Council will hold a meeting. The agenda includes presentations regarding, and discussions of, fiber to the home initiatives, CATV broadband initiatives, broadband over powerline, WiMAX and WiBRO, GSM and WiFi crossover, spectrum observatory, and propagation characteristics -- HF through microwave. See, FCC public notice [PDF] and notice in the Federal Register, October 19, 2006, Vol. 71, No. 202, at Page 61774. Location: FCC, Commission Meeting Room, TW-C305 at 445 12th St., SW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Export Controls and Economic Sanctions Recent Developments and Current Issues". The speakers will include Thomas Scott (Weadon & Associates) and Carol Kalinoski (Kalinoski & Associates). The price to attend ranges from $90-$135. For more information, call 202-626-3488. See, notice and notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the intercarrier compensation reform plan known at the Missoula Plan. This proceeding is titled "Developing a Unified Intercarrier Compensation Regime" and numbered CC Docket No. 01-92. See, notice in the Federal Register: September 13, 2006, Vol. 71, No. 177, at Pages 54008-54009.

Thursday, October 26

9:30 AM - 12:00 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another of their series of hearings on single-firm conduct. This hearing is titled "Understanding Single-Firm Behavior: Business History Session". The speakers will include Tony Allan Freyer (University of Alabama School of Law), Louis Galambos (Johns Hopkins University), James May (American University law school), and George David Smith (NYU Stern School of Business). See, notice. Location: FTC Headquarters Building, Room 532, 600 Pennsylvania Ave., NW.

9:30 AM - 4:30 PM. Day four of a five day meeting of the U.S.-China Economic and Security Review Commission to conduct a final review of its 2006 annual report to the Congress. The agenda includes discussion of "China's Enforcement of Intellectual Property Rights and Its Production of Counterfeit Goods", "China's Media Control Activities", "The Effect of U.S. and Multilateral Export Controls on China's Military Modernization", and "China's WTO Compliance". See, notice in the Federal Register: October 18, 2006, Vol. 71, No. 201, at Pages 61541-61542. Location: Conference Room 385, Hall of the States, 444 North Capitol Street, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch titled "Meet the FCC Wireless Advisors". The speakers will be Fred Campbell (office of FCC Chairman Kevin Martin), Barry Ohlson (office of Jonathan Adelstein), Bruce Gottlieb (office of Michael Copps), Aaron Goldberger (office of Deborah Tate), and Angela Giancarlo (office of Robert McDowell). See, registration form [PDF]. The price to attend is $15. Registrations are due by 12:00 NOON on October 24. Location: Latham & Watkins, 555 11th St., NW, 10th floor.

1:30 - 4:00 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another of their series of hearings on single-firm conduct. This hearing is titled "Understanding Single-Firm Behavior: Business Strategy Session". The speakers will include Jeffrey McCrea (Intel), David Reibstein (Wharton School, University of Pennsylvania), David Scheffman (LECG LLC), and George David Smith (NYU Stern School of Business). See, notice. Location: FTC Headquarters Building, Room 532, 600 Pennsylvania Ave., NW.

Deadline to register for the Department of Justice's (DOJ) Global Justice Information Sharing Initiative Federal Advisory Committee meeting on November 2, 2006. See, notice in the Federal Register, October 23, 2006, Vol. 71, No. 204, at Page 62122.

Friday, October 27

9:30 AM - 4:30 PM. Day five of a five day meeting of the U.S.-China Economic and Security Review Commission to conduct a final review of its 2006 annual report to the Congress. The agenda includes discussion of "China's Enforcement of Intellectual Property Rights and Its Production of Counterfeit Goods", "China's Media Control Activities", "The Effect of U.S. and Multilateral Export Controls on China's Military Modernization", and "China's WTO Compliance". See, notice in the Federal Register: October 18, 2006, Vol. 71, No. 201, at Pages 61541-61542. Location: Conference Room 385, Hall of the States, 444 North Capitol Street, NW.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-98 [126 pages in PDF], titled "Guidance for Securing Radio Frequency Identification (RFID) Systems".

Extended deadline to submit applications to the Department of Commerce's (DOC) International Trade Administration (ITA) to participate in the summit portion of its Business Development Mission to India on November 29-30, 2006. See, notice in the Federal Register: October 2, 2006, Vol. 71, No. 190, at Pages 57923.

Deadline to submit comments to the Small Business Administration (SBA) in response to its proposal to grant a request for a waiver of the nonmanufacturer rule for personal computer manufacturing. See, notice in the Federal Register, October 12, 2006, Vol. 71, No. 197, at Pages 60220-60221.

Monday, October 30

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-95 [140 pages in PDF], titled "Guide to Secure Web Services".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it notice of proposed rulemaking (NPRM) regarding compensation of providers of telecommunications relay services (TRS) from the Interstate TRS Fund. The FCC adopted this item on July 13, 2006, and released it on July 20, 2006. It is FCC 06-106. This proceeding is titled "Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities" and numbered CG Docket No. 03-123. See, notice in the Federal Register, September 13, 2006, Vol. 71, No. 177, at Pages 54009-54017.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the implications for U.S. trade in goods and services of the anticipated enlargement of the European Union (EU) to include Bulgaria and Romania. See, notice in the Federal Register, September 29, 2006, Vol. 71, No. 189, at Pages 57585-57586.