Tech Law Journal Daily E-Mail Alert
February 1, 2007, Alert No. 1,531.
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Rep. Dingell and Rep. Markey Send Questions to FCC

1/31. Rep. John Dingell (D-MI), the Chairman of the House Commerce Committee (HCC), and Rep. Ed Markey (D-MA), Chairman of the HCC's Subcommittee on Telecommunications and the Internet (STI), sent a letter to the five Commissioners of the Federal Communications Commission (FCC).

The letter contains numerous written interrogatories to be answered by the FCC Commissioners. The two ask Chairman Kevin Martin to provide information about the FCC's failure to investigate allegations that carriers have provided data to the NSA in violation of the CPNI statute. They pose argumentative questions for Martin and Commissioner Deborah Tate regarding FCC enforcement of the AT&T BellSouth merger conditions. They propound a wide range of additional questions to be answered by each of the five Commissioners.

The HCC also announced that the STI will hold an FCC oversight hearing on Thursday, February 15, 2007.

NSA Access to Carrier Data and the CPNI Statute. Rep. Dingell and Rep. Markey ask Chairman Martin about National Security Agency (NSA) collection of records from carriers, and 47 U.S.C. § 222, regarding customer proprietary network information (CPNI).

They stated that on May 22, 2006, Martin wrote to Rep. Markey stating that "the Commission was ``unable to investigate´´ allegations that telecommunications carriers were disclosing personal phone records of consumers to the National Security Agency (NSA) in apparent contravention of Section 222 of the Communications Act and other laws."

They ask, for example, "Is it your belief that the National Security Act governs the ability of the FCC to commence an investigation into an alleged violation of the Communications Act by a telecommunications carrier, regardless of whether privileges may later affect the ability of the Commission to complete such investigation?"

AT&T BellSouth Merger. Rep. Dingell and Rep. Markey ask Chairman Martin and Commissioner Tate about the AT&T BellSouth merger.

See, FCC release [23 pages PDF] of December 29, 2006, that describes the yet to be released Memorandum Opinion and Order (MOO) regarding the merger of AT&T and BellSouth, and story titled "FCC to Approve AT&T BellSouth Merger with Conditions" in TLJ Daily E-Mail Alert No. 1,512, January 2, 2007.

Rep. Dingell and Rep. Markey opposed FCC approval of the merger without imposition of certain conditions. Martin and Tate opposed the imposition of burdensome conditions, but lacked a third vote on the Commission. The two votes of Commissioners Jonathan Adelstein and Michael Copps were sufficient to hold up the approval until AT&T consented to the imposition of certain conditions.

Adelstein and Copps, and Dingell and Markey, now find themselves in a weak position with respect to obtaining FCC follow through in enforcing the FCC's merger conditions. Martin remains the Chairman, and Adelstein and Copps are only two votes. Moreover, Martin and Tate wrote in joint statement [PDF] that "There are certain conditions, however, that are not self-effectuating or cannot be accomplished by AT&T alone. To the extent Commission action is required to effectuate these conditions as a policy going forward, we specifically do not support those aspects of the conditions and will oppose such policies going forward."

Now, Rep. Dingell and Rep. Markey seek to pressure Martin and Tate to do otherwise. For example, they ask "What is your authority to vote to approve an order and then refuse to implement it? Please identify and describe the provisions of the Communications Act, sections of the FCC's rules and other legal authority, if any, supporting your answer."

They also ask, "If both of you did not support the same subset of merger conditions as implied in your Joint Statement, how is it that the AT&T-BellSouth merger is legally deemed approved?"

Other Issues. The two Democrats also ask numerous policy related questions about broadband deployment, wireless and spectrum policy, the DTV transition, FCC data collection, and transparency.

Some of the questions contained in the letter are too broad and complicated to be answered in the requested one week. For example, Rep. Dingell and Rep. Markey ask "What steps, if any, can the Commission take to enhance the depth and accuracy of its collection of data and analysis of affected industries?" and "What steps, if any, can the Commission take to better prevent waste, fraud, or abuse in programs it administers?"

There are also many subjects not covered by these interrogatories, including media ownership, decency, E911, CALEA, and pretexting.

Bush Calls for Reform of Sarbox 404 Implementation and Extension of TPA

1/31. President Bush gave a speech in New York City on the state of the U.S. economy.

On January 23, 2007, he gave a speech in Washington DC on the state of the union. See, story titled "Bush Gives Speech" in TLJ Daily E-Mail Alert No. 1,525, January 24, 2007. He had little to say about technology in that state of the union address. He had much to say about technology in this state of the economy address.

He criticized the implementation of Section 404 of the Sarbanes Oxley Act, which burdens small technology companies. He called for extension of trade promotion authority (TPA), completion of the Doha round, and negotiation of other free trade agreements (FTA). He advocated greater use of information technology in health care. He advocated more funding for math, science, and technology research and education.

Sarbox 404. Section 404 implementation, which is a concern to many small technology companies, has now risen to the level of Presidential issue. Bush said that "complying with certain aspects of the law, such as Section 404, has been costly for businesses and may be discouraging companies from listing on our stock exchanges."

The "Sarbanes-Oxley Act of 2002" was HR 3763 in the 107th Congress. It is now Public Law No. 107-204. Section 404 was debated little at the time of enactment. Since then, small tech companies have argued that this section as implemented harms small and start up companies. See for example, American Electronics Association (AEA) report [23 pages in PDF] titled "Sarbanes-Oxley Section 404: The Section of Unintended Consequences and its Impact on Small Business".

Bush continued that "We don't need to change the law. We need to change the way the law is implemented. America needs a regulatory environment that promotes high standards of integrity in our capital markets, and encourages growth and innovation. And I'm pleased of the progress that Hank Paulson and Chairman Chris Cox are making to make sure the regulatory burden is not oppressive, and fair, and helps us meet a great national objective to keep the United States the economic leader in the world."

See, similar speech by Secretary of the Treasury Henry Paulson, given in New York City on November 20, 2006. See also, story titled "Paulson Calls for More Effective Section 404 Implementation" in TLJ Daily E-Mail Alert No. 1,493, November 21, 2006.

See also, stories titled "Atkins Discusses Sarbox 404" in TLJ Daily E-Mail Alert No. 1,527, January 26, 2007, and "GAO Reports that Section 404 of Sarbanes Oxley Burdens Small Public Companies" in TLJ Daily E-Mail Alert No. 1,366, May 9, 2006.

Trade and TPA. Bush spoke at length about free trade. He first advanced arguments for the merits of free trade.

He said that "Our growing economy is also a changing economy. The rise of new technologies, new competition, and new markets abroad is bringing changes -- and these changes are coming faster than ever. There was a time when most people expected they'd keep a job for life. Now the average American has 10 jobs before the age of 40. It used to be that a company's name would stay the same for decades."

He continued that "By and large, our dynamic and innovative economy has helped Americans live better and more comfortable lives. Yet the same dynamism that is driving economic growth is also -- can be unsettling for people. For many Americans, change means having to find a new job, or to deal with a new boss after a merger, or to go back to school to learn new skills for a new career. And the question for America is whether we treat the changes in our economy as opportunity to help improve people's lives, or as an excuse to retreat into protectionism."

Bush argued against protectionism. "Every time we break down barriers to trade and investment, we open up new markets for our businesses and our farmers. As we improve free trade, consumers get lower prices. There are better American jobs. You see increased productivity. Jobs supported by exports of goods pay wages that are 13 to 18 percent higher than the average. So one of our top priorities has been to remove obstacles to trade everywhere we can."

He stated that "the most promising opportunity to expand free and fair trade is by concluding the Doha Round at the World Trade Organization. Global trade talks like Doha have the potential to lower trade barriers all around the world. They come around only once every decade or so."

"The Doha Round is a chance to level the playing field for our goods and services -- in other words, so we can be treated fairly in foreign markets", said Bush. "We are dedicated to making sure we have a successful Doha Round.

Finally, he made his pitch for Congressional extension of TPA. "The only way America can complete Doha and make headway on other trade agreements is to extent Trade Promotion Authority. This authority allows the President to negotiate complicated trade deals for our country, and then send them to Congress for an up or down vote on the whole agreement."

"Presidents of both parties have considered this authority essential to completing good trade agreements. Our trading partners consider it essential for our success at the negotiating table. The authority is set to expire on July 1st -- and I ask Congress to renew it. I know there's going to be a vigorous debate on trade, and bashing trade can make for good sound bites on the evening news. But walling off America from world trade would be a disaster for our economy. Congress needs to reject protectionism, and to keep this economy open to the tremendous opportunities that the world has to offer", said Bush.

Susan Schwab, the U.S. Trade Representative (USTR), stated afterwards in a release that "An extension of TPA will be needed to successfully complete the Doha Development Round, which is crucial to economic growth at home, opening markets abroad, and alleviating poverty around the world."

She added that "I am also encouraged by recent statements from Congressional leaders of both parties about the importance of TPA. I look forward to working with them on opening markets overseas, addressing the concerns of the American people, and strengthening bipartisan support for the U.S. trade agenda."

See also, USTR release regarding TPA.

Sen. Charles Grassley (R-IA), the ranking Republican on the Senate Finance Committee (SFC), stated in a release that "I welcome the President's call for renewal of trade promotion authority. This should not be a partisan issue. Every President should have trade promotion authority. It’s in our interest to open up new markets for U.S. exporters. We have the most open economy in the world. We benefit from that openness by lower prices and more consumer choices. The United States needs to keep opening markets that are closed to our exports. If we shut down trade promotion authority, we’ll shut down new opportunities for our exporters. Trade promotion authority helps ensure that trade is a two-way street. I’ve started to hear more promising signals from some of my colleagues on the other side of the aisle. That leaves me a little more optimistic than I was. I hope those positive signals translate into concrete action over the next few months so we renew trade promotion authority before it expires on July 1st."

Health Care and IT. Bush has long advocated, and worked to implement, the digitization of medical records. In this speech he said that "We're using information technology. Listen, we're a giant consumer of health care at the federal level. And we're insisting upon new technologies to make health care more efficient, and thereby reducing costs inherent in an inefficient system, and reducing medical errors."

In this state of the economy speech he also said that "We believe that the health care industry needs to post price and quality, so as consumers have more choice, they're able to make better decisions about the health care they get. We understand that a non-transparent system where somebody else pays the bills is likely to cause costs to continue to rise."

Research. President Bush stated that "I also believe it's a vital role for the federal government to spend money on basic scientific research. So I've called upon Congress to double the funding for basic scientific research at the National Institute of Standards and Technology labs, or the Department of Energy's Office of Science, or the National Science Foundation."

EFF Files FOIA Complaint to Obtain DOD Records Regarding Monitoring of Army Bloggers

1/31. The Electronic Frontier Foundation (EFF) filed a complaint [8 pages in PDF] in U.S. District Court (DC) against the Department of Defense (DOD) alleging violation of Freedom of Information Act (FOIA) in connection with its withholding of "records concerning an Army unit that monitors the Internet publishing activities of soldiers and seeks to have online material removed from Internet websites when it is deemed to be a security threat."

The complaint further states that the EFF submitted a request for records on November 2, 2006, pursuant to the FOIA, which is codified at 5 U.S.C. § 552, but that the DOD has not produced the relevant records. The complaint seeks an order from the court directing the DOD to expedite its processing of this request.

The complaint states that the EFF's FOIA request seeks "Emails, letters, statements, memoranda, or other correspondence providing guidance or criteria to or from the Army Web Risk Assessment Cell on how to conduct Internet surveillance and/or monitoring", "Records describing how data collected by the Army Web Risk Assessment Cell is retained, secured, used, disclosed to other entities, or combined with information from other sources", "Any guidance or requirements issued to soldiers on blogging or posting material on the Internet", and "All requests or orders from Army officials to soldiers concerning revision or deletion of material from soldiers' blogs or websites", and other records."

The EFF's attorneys of record are Marcia Hoffman and David Sobel of the EFF's Washington DC office. This case is Electronic Frontier Foundation v. Department of Defense, U.S. District Court for the District of Columbia, D.C. No. 1:07CV00216, Judge Emmet Sullivan presiding.

People and Appointments

1/31. Christine Kurth was named Republican Staff Director for the Senate Commerce Committee (SCC), effective in "early March". Kurth is currently Deputy Staff Director. She will replace Lisa Sutherland. See, Sen. Ted Stevens' (R-AK) release.

1/30. President Bush named Michael Scudder to be Associate Counsel to the President. He was previously Counsel to the Deputy Attorney General. See, White House release.

1/30. President Bush named Jean Mamo to be Deputy Assistant to the President and Director of Media Affairs. See, White House release.

1/30. President Bush named Joel Bagnal to be Deputy Assistant to the President for Homeland Security. He was previously Special Assistant to the President for Homeland Security. See, White House release.

1/30. President Bush named Martin McGuinness to be Special Assistant to the President for Legislative Affairs. He was previously Senior Manager at Washington Council Ernst & Young. See, White House release.

1/26. Jeffrey Sullivan was named interim U.S. Attorney for the Western District of Washington. See, USAO release.

DOJ's Barnett Discusses Telecom Mergers

1/25. Thomas Barnett, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, gave a long speech in New York City titled "Merger Review: a Quest for Efficiency". He discussed, among other topics, telecommunications industry mergers, and how information technology has affected the review process. See also, presentation slides.

Thomas BarnettBarnett (at right) stated that "The telecommunications industry has kept the Division busy during the last few years. The Division has recently investigated the mergers of Verizon and MCI, SBC and AT&T, the new AT&T and BellSouth, Sprint and Nextel, and Cingular and AT&T Wireless, among others. The Division took action to challenge portions of these transactions to protect competition, and decided not to challenge others after concluding that they were not likely to result in a substantial lessening of competition."

After commenting upon technological developments since the AT&T break up, he said that "The Division's 2005 Verizon/MCI and SBC/AT&T investigations resulted in consent decrees early in FY2006. The Division investigated all areas in which the two sets of merging firms competed, including residential local and long distance service, Internet backbone services and a variety of telecommunications services provided to business customers. With the exception of the local private line service that was the subject of the consent decrees, the Division concluded that the transactions would not harm competition and would likely benefit consumers, due to existing competition, emerging technologies, the changing regulatory environment, and exceptionally large merger-specific efficiencies."

He continued that "The decrees require the parties to divest portions of certain local fiber-optic network facilities in order to protect competition in the market for facilities-based local private line service to certain business customers in a number of metropolitan areas. Like all Antitrust Division consent decrees, the Verizon/MCI and SBC/AT&T decrees are subject to the Tunney Act, which requires a determination by a federal district court that entry of the decrees is in the public interest. The decrees are currently before the U.S. District Court for the District of Columbia. That court must determine whether the decrees adequately prevent the competitive harm the United States alleged in its complaint without imposing undue harm in the process."

Barnett also discussed the growth in the volume of documents collected by the DOJ in merger reviews. He said that "In the Verizon/MCI and AT&T/SBC mergers, for example, the Division obtained approximately 25 million pages of documents."

He said that two of the reasons for this growth are the increasing complexity of antitrust analysis and product offerings. He also said that the use of information technology has contributed to this trend.

He stated that "technological advances have made it cheaper for companies to create and to store vast amounts of electronic documents and data and have revolutionized the way companies operate. For example, discussions that used to take place orally in meetings are now carried out on-line via e-mail and other systems, with more participants all over the country and around the world. E-mail messages and their attachments spread throughout a company like weeds and are about as indestructible; individual hard drives and shared drives fill up with multiple and alternative versions of documents; and databases are more numerous and more complex. A second request search that once could have been completed by going through some desks and file cabinets must now include personal computer hard drives, shared drives, e-mail servers, voicemail records, vast databases, archived or stored materials, Blackberrys and other wireless devices, and so on."

Barnett also used presentation slides, including one of  a cartoon depicting an attorney standing in a courtroom and holding up a disk. The attorney states to the court, "As precedent your Honor I offer the entire legal history of western civilization on CD ROM."

Washington Tech Calendar
New items are highlighted in red.
Thursday, February 1

The House will not meet due to party retreats. See, Majority Leader's weekly calendar [PDF].

The Senate will meet at 10:00 AM for morning business. It will then resume consideration of HR 2, the "Fair Minimum Wage Act of 2007".

9:00 AM - 4:30 PM. Day one of a two day meeting of the U.S.-China Economic and Security Review Commission. See, notice in the Federal Register, January 17, 2007, Vol. 72, No. 10, at Page 2088. Location: Room 562, Dirksen Building, Capitol Hill.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Assessing the Communications Marketplace: A View from the FCC". The witnesses will be the five Commissioners of the Federal Communications Commission (FCC). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Oversight of Government Management will hold a hearing titled "Private Health Records: Privacy Implications of the Federal Government's Health Information Technology Initiative". The witnesses will be Rob Kolodner (Interim National Coordinator for Health Information Technology at the Department of Health and Human Services), Daniel Green (Office of Personnel Management), David Powner and Linda Koontz (Government Accountability Office), Mark Rothstein (University of Louisville School of Medicine), and Carol Diamond (Markle Foundation). See, notice. Location: Room 342, Dirksen Building.

Deadline to submit additional reply comments to the Federal Communications Commission (FCC) regarding the Missoula Plan, an intercarrier compensation reform plan. See, notice in the Federal Register, January 18, 2007, Vol. 72, No. 11, at Pages 2249-2250. This proceeding is CC Docket No. 01-92.

Friday, February 2

The House will not meet due to party retreats. See, Majority Leader's weekly calendar [PDF].

9:00 AM - 12:00 NOON. Day two of a two day meeting of the U.S.-China Economic and Security Review Commission. See, notice in the Federal Register, January 17, 2007, Vol. 72, No. 10, at Page 2088. Location: Room 562, Dirksen Building, Capitol Hill.

Monday, February 5

12:30 PM. Ted Leonsis, Vice Chairman of AOL, will give a speech titled "Web 2.0 and How it is Reshaping Marketing and Traditional Media". Location: Ballroom National Press Club, 13th floor, 529 14th St. NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to the recommendations of the FCC's World Radiocommunication Conference Advisory Committee regarding the 2007 World Radiocommunication Conference (WRC-07). See, FCC's Public Notice [45 pages in PDF] (DA 07-26), to which the recommendations are attached. This is IB Docket No. 04-286.

Tuesday, February 6

9:00 AM - 5:00 PM. Day one of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). The agenda includes consideration of web site design mandates. Section 508 of the Rehabilitation Act of 1973, as amended, which is codified at 29 U.S.C. § 794d, provides that the ATBCB shall write regulations that contain design mandates for federal departments and agencies for electronic and information technologies used by disabled employees. See, notice in the Federal Register: January 12, 2007, Vol. 72, No. 8, at Pages 1472-1473. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Qwest Corp v. FCC, App. Ct. No. 05-1450. See, FCC's brief [PDF]. Judges Griffith, Kavanaugh and Williams will preside. Location: 333 Constitution Ave., NW.

? 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations. Press contract, Tracy Schmaler at 202-224-2154. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in DataTreasury v. EDS, App. Ct. No. 2006-1506. This is a patent infringement case involving electronic check processing. Location: Courtroom 203, 717 Madison Place, NW.

2:45 PM. The Senate Finance Committee will hold a hearing titled "The President’s Fiscal Year 2008 Budget Proposal". Secretary of the Treasury Henry Paulson will testify. See, notice. Location: Room 215, Dirksen Building.

Deadline to submit initial comments in response to the Federal Communications Commission's (FCC) Public Notice [4 pages in PDF] regarding how the FCC should interpret the phrase "remote communities effectively unserved by commercial mobile service", in Section 605(a) of the Warning, Alert, and Response Network (WARN) Act. The WARN Act was enacted in late 2006 a part of the port security bill. It establishes a process for commercial mobile service providers to voluntarily elect to transmit emergency alerts. Section 605(a) establishes a grant program for the installation of technologies in remote communities. This item is FCC 07-4 in PS Docket No. 07-8. See also stories titled "Bush Signs Port Security Bill" in TLJ Daily E-Mail Alert No. 1,469, October 16, 2006, and "House and Senate Approve Port Security Bill With Tech Provisions" in TLJ Daily E-Mail Alert No. 1,461, October 4, 2006.

Wednesday, February 7

9:00 AM - 5:00 PM. Day two of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). The agenda includes consideration of web site design mandates. See, notice in the Federal Register: January 12, 2007, Vol. 72, No. 8, at Pages 1472-1473. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

? 9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing "to examine if the Department of Justice is politicizing the hiring and firing of U.S. attorneys relating to preserving prosecutorial independence". Press contract, Tracy Schmaler at 202-224-2154. Location: Room 226, Dirksen Building.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Committee on Foreign Investments in the United States (CFIUS), One Year After Dubai Ports World". Location: Room 2128, Rayburn Building

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Global Trademark Portfolio Part II: Maintenance and Enforcement". The speakers will include Elizabeth Regan (Marriott International), Elisabeth Langworthy (Sutherland Asbill & Brennan), and Leigh Ann Lindquist (Sughrue Mion). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Business Activity Tax Nexus: New Cases, Federal Legislation, and FIN 48". The speakers will include Diann Smith (Council On State Taxation) and Kendall Houghton (Sutherland Asbill & Brennan). The price to attend ranges from $10 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

2:00 PM. The House Ways and Means Committee will hold a hearing on President's Bush's FY 2008 Budget. The witness will be OMB Director Rob Portman. See, notice. Location: Room 1100, Longworth Building.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Diversity & Young Lawyers Committees will host an event titled "Happy Hour". For more information, contact Jeffrey Tignor at jeffrey dot tignor at fcc dot gov or 202-418-0774, or Mark Brennana at MWBrennan at HHLAW dot com or 202-637-5600. Location: Zengo, 781 7th St., NW.

The Federal Communications Commission (FCC) is scheduled to commence Auction No. 69.

Thursday, February 8

9:00 AM - 3:00 PM. Day three of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). The agenda includes consideration of web site design mandates. See, notice in the Federal Register: January 12, 2007, Vol. 72, No. 8, at Pages 1472-1473. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Present and Future of Public Safety Communications". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a business meeting. See, notice. Press contract, Tracy Schmaler at 202-224-2154. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host an event titled "Understanding the Committee on Foreign Investment in the US (CFIUS)". The speakers will include Gay Sills (Staff Chair of CFIUS) and Joel Winnik (Hogan & Hartson). Lunch will be provided courtesy of Hogan & Hartson. RSVP to Neil Dellar at neil dot dellar at fcc dot gov or 202-418-8214. Location: Hogan & Hartson, 555 13th St., NW.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on U.S. positions for the International Telecommunication Union's (ITU) Telecommunication Standardization Sector Study Group 3 (Tariff and accounting principles including related telecommunication economic and policy issues). See, notice in the Federal Register, January 11, 2007, Vol. 72, Number 7, at Page 1363. Location: undisclosed.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the Petition for Declaratory Ruling [8 pages in PDF] regarding number portability submitted by T-Mobile USA and Sprint Nextel Corporation on December 20, 2006. They seek a declaratory ruling that carriers obligated to provide number portability may not obstruct or delay the porting process by demanding information from requesting carriers beyond that required to validate the customer request and accomplish the port. See, FCC's Public Notice [3 pages in PDF] (DA 07-39). This proceeding is WC Docket No. 95-116.

More News

1/31. Henry Paulson, the Secretary of the Treasury, testified before the Senate Banking Committee. He wrote in his prepared testimony, that "China must live up to its WTO commitments. It must protect and vigorously enforce intellectual property rights. It must increasingly open its markets to foreign competition -- for its own good as well as for ours."

1/31. The U.S. Patent and Trademark Office (USPTO) announced the designation of the University of Baltimore School of Law Library as a Patent and Trademark Depository Library (PTDL). This PTDL will open to the public on February 1, 2007. See, USPTO release.

1/31. The Securities and Exchange Commission (SEC) announced in a release that it "voted to publish for comment rule amendments that would expand the agency's interactive data voluntary program to enable mutual funds to submit data tagged risk/return summary information." However, the SEC did not release the text of the proposed interactive data rule changes. Comments will be due within 30 days after publication of a notice in the Federal Register. This publication has not yet occurred. The SEC's release also states that the rule changes would "enable mutual funds to submit risk/return summary information from their prospectuses using interactive data under the Commission's voluntary program. The risk/return summary at the front of every mutual fund prospectus includes information about a fund's investment objectives and strategies, risks, costs, and historical performance." It adds that "The submission of tagged risk/return summary information would be supplemental and would not replace the required official versions of the information. Any mutual fund submitting tagged risk/return summary information would be required to include this information as an amendment to a filing on Form N-1A, the registration form for mutual funds. The proposed rule amendments would permit mutual funds to submit tagged risk/return summary information using a taxonomy being developed by the Investment Company Institute (ICI)."

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