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February 20, 2007, Alert No. 1,540.
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XM and Sirius Announce Plans to Merge

2/19. XM Satellite Radio and Sirius Satellite Radio announced that they have "entered into a definitive agreement, under which the companies will be combined in a tax-free, all-stock merger of equals". See, XM release and Sirius release.

FCC Chairman Kevin Martin stated in a release that "Obviously the Commission will evaluate any transaction filed to make a determination whether or not approval would be in the public interest. The hurdle here, however, would be high as the Commission originally prohibited one company from holding the only two satellite radio licenses. The companies would need to demonstrate that consumers would clearly be better off with both more choice and affordable prices."

Mel Karmazin (CEO of Sirius) and Gary Parsons (Chairman of XM) held a joint conference call on February 20, 2007. They argued that the proposed merger is in the best interests of shareholders and consumers, and should be approved by regulators.

Karmazin said that within 20 days of signing the two would file a Hart Scott Rodino notice with the Department of Justice. He added that within 25 days of signing the two would file an application with the FCC. The two received spectrum licenses from the FCC ten years ago. At that time the FCC provided that there would be two satellite radio competitors.

Karmazin and Parsons argued that much has changed in the past ten years that warrants reconsideration by the FCC. They also argued that the merger is not anti-competitive and would benefits consumers. They do not view this as a two to one merger. Rather, they argued that XM and Sirius are two small players in the very large market for audio entertainment.

The two also used presentation slides [PDF] during the conference call. Karmazin argued that XM and Sirius compete with iPods, MP3 players, internet radio, cell phones, WiMax, WiFi, MediaFlo, and others. (See, page 15 of slides.) He said that XM and Sirius are now "part of a highly competitive and rapidly evolving marketplace", and that the merger would enable them to compete in this marketplace.

He said that it would be a bad business model for satellite radio providers to target each others' customers. There are not enough of them. Rather, he said, they are targeting "the ninety percent of the people who are not subscribers to satellite radio".

Parsons said that consumers would benefit by having more channel capacity and more programs from one provider. He said that the companies would benefit from reduced costs. He also stated that the merged company would have greater reach, thus making it more attractive to advertisers.

He said that currently there are about 14 Million satellite radio subscribers. In contrast, there are 237 Million car radios, 230 Million PCs, 39 Million iPods, and 209 Million wireless subscribers.

Adam Thierer of the Progress and Freedom Foundation (PFF) wrote a short paper advocating regulatory approval of the merger.

He wrote that satellite radio faces both direct and indirect competition. The direct competitors include CDs; AM and FM radio; iPods, MP3 players and digital music stories; podcasts; online file sharing; internet radio; and cable radio. The indirect competitors include "broadcast TV, cable TV, satellite TV, DVDs, video-on-demand, online newspapers, the endless array of magazines, Internet websites, search engines, computer software, video games".

Thierer argued that "it was always questionable whether the satellite radio sector could sustain two healthy competitors".

Now, iPods and MP3 players represent "a very serious threat to satellite radio. And once the iPhone and the Zune phone hit the market, satellite radio could be in even more trouble." Thierer concluded that "hopefully this merger will ensure that satellite radio remains a vibrant competitor in our new media marketplace for years to come."

Karmazin also stated in the teleconference that the proposed merger will not affect negotiations with the Recording Industry Association of America (RIAA) over royalties.

The House and Senate are in recess this week. Karmazin added that the satellite radio providers will visit Congressional offices next week to explain why the proposed merger is in the best interests of consumers.

The National Association of Broadcaster's (NAB) Dennis Wharton stated in a release "Given the government's history of opposing monopolies in all forms, NAB would be shocked if federal regulators permitted a merger of XM and Sirius. It bears mentioning that regulators summarily rejected a similar monopoly merger of the nation's only two satellite television companies -- DirecTV and DISH Network -- just a few years back."

Wharton continued that "When the FCC authorized satellite radio, it specifically found that the public would be served best by two competitive nationwide systems. Now, with their stock prices at rock bottom and their business model in disarray because of profligate spending practices, they seek a government bail-out to avoid competing in the marketplace."

"In coming weeks, policymakers will have to weigh whether an industry that makes Howard Stern its poster child should be rewarded with a monopoly platform for offensive programming. We're hopeful that this anti-consumer proposal will be rejected", said Wharton.

However, the NAB is offering two inconsistent arguments regarding satellite radio. In the present matter, it argues that the relevant market is satellite radio, and that the proposed merger would be a two to one transaction that would harm consumers in the satellite radio market. On the other hand, it has also argued that both terrestrial and satellite radio compete in the same audio entertainment market, and that consumers would be protected by limiting the types of content that satellite radio is allowed offer.

For example, the NAB published a statement in its web site during the 109th Congress regarding competition between terrestrial and satellite radio in the audio entertainment market. It wrote that "With 96% of Americans listening to free, local radio once a week and three-quarters tuning in daily -- and satellite occupying less than 1% of the market -- hometown radio continues to be the dominant source for compelling audio entertainment."

It wrote also that the "NAB urges Members of Congress to cosponsor H.R. 998 and S. 2418 and support their enactment". These were bills in the 109th Congress. The latest version of this bill, HR 983, was introduced on February 12, 2007. See, related story in this issue titled "Green and Pickering Reintroduce Bill to Protect Terrestrial Radio from Satellite Radio Competition".

Also, Gigi Sohn, head of the Public Knowledge (PK), wrote in the PK web site "How is it that the National Association of Broadcasters, which is seeking regulatory relief from current media ownership caps, has the gumption to criticize the proposed merger of XM Satellite Radio and Sirius Satellite Radio?"

Sirius is represented in this matter by the Washington DC law firm of Wiley Rein. FCC Chairman Martin previously worked for this firm. XM is represented by the law firms of Skadden Arps, Jones Day, and Latham & Watkins.

Green and Pickering Reintroduce Bill to Protect Terrestrial Radio from Satellite Radio Competition

2/12. Rep. Gene Green (D-TX) and Rep. Chip Pickering (R-MS) introduced HR 983, the "Local Emergency Radio Service Preservation Act of 2007".

Rep. Gene GreenThe bill was referred to the House Commerce Committee (HCC). Both Rep. Green and Rep. Pickering are members.

This is a reintroduction of HR 998 from the 109th Congress. Rep. Pickering and Rep. Green introduced that bill on March 1, 2005. That bill eventually had 140 sponsors. However, neither the HCC nor the House took any action on that bill.

There was also a companion bill, S 2418 (109th), introduced by Sen. Olympia Snowe (R-ME) on March 15, 2006. It was referred to the Senate Commerce Committee (SCC), which took no action.

The just introduced HR 983 would protect companies that provide free terrestrial radio broadcasts from competition from satellite radio broadcasters. The bill recites in its findings that satellite radio broadcasters "have announced plans to offer local traffic and weather channels through the use of their satellites", and that the advertising revenues of terrestrial broadcasters "could be jeopardized by a diversion of the listening audience away from local radio programming".

Hence, the bill proposes to protect terrestrial broadcasters from competition from satellite broadcasters by precluding satellite broadcasters from offering local content.

The bill would require the Federal Communications Commission (FCC) to amend its rules to provide that "digital audio radio satellite service licensees shall not, using any capability either on a satellite or in a radio receiver, provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from the programming that is delivered to consumers in any other geographic market".

The bill would further require the FCC to amend its rules to provide that "digital audio radio satellite service repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to digital audio radio satellite service subscribers' receivers, and may not be used to distribute any information not also transmitted to all subscribers' receivers".

The bill further requires that the FCC conduct a rulemaking proceeding "to determine whether digital audio radio satellite service licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account -- (1) the impact of locally oriented satellite radio services on the viability of local radio broadcast stations and their ability to provide news and other services to the public; (2) the ability of digital audio radio satellite service licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast radio stations; (3) whether digital audio radio satellite service licensees committed to providing only national services in order to obtain authorization for their service; and (4) whether the same level and quality of emergency communications services could be provided to consumers by digital audio radio satellite service licensees as by local broadcast radio stations."

Mel Karmazin (CEO of Sirius) stated in the conference call on February 20, 2007 that "we are not using our local repeaters for any local programming". However, he also said that satellite radio providers should be able to broadcast New York Yankee baseball games nationally.

US and Japan Sign MRA on Telecommunications Equipment

2/14. The United States and Japan signed a document [19 pages in PDF] titled "Agreement on Mutual Recognition of the Results of Conformity Assessment Procedures between the United States and Japan".

This mutual recognition agreement (MRA) provides for "conformity assessment procedures for the telecommunications terminal equipment and radio equipment ... and for processes associated with that equipment." It also "applies regardless of the location of the supplier or the country of origin of the equipment, including where the country of origin of the equipment is other than the United States or Japan."

The Office of the U.S. Trade Representative (OUSTR) stated in a release that under this agreement, "Japan will accept the results of conformity assessment procedures (i.e., product testing and certification) performed by approved certification bodies in the United States demonstrating that telecommunications equipment meets Japanís technical requirements. Japan's agreement to accept certification by recognized U.S. bodies will lower costs and speed up the marketing in Japan of innovative U.S. products. In 2005, total U.S.-Japan trade in telecommunications equipment was approximately $2.6 billion, and Japan was the United Statesí fourth largest export market for such products". (Parentheses in original.)

In the U.S., the National Institute of Standards and Technology (NIST) is the designated qualified conformity assessment body to conduct conformity assessment procedures demonstrating productsí conformity with specific Japanese requirements. In Japan, the Ministry of Internal Affairs and Communications or an authority succeeding this ministry is the designated body.

Supreme Court News

2/20. The Supreme Court issued an order in Credit Suisse Sec. (USA) v. Glen Billing, Sup. Ct. No. 05-1157. See, Order List [66 pages in PDF] at page 38. The order grants numerous motions to file amicus curiae briefs. The Office of the Solicitor General (OSG) wrote in its brief that the issues are as follows: "1. Whether an antitrust complaint predicated on alleged collusive activity in the securities markets must, in order to survive a motion to dismiss on grounds of implied antitrust immunity, set forth allegations sufficient to support a reasonably grounded expectation that the plaintiff's claims do not rest on collaborative activities that are either permitted under the securities laws or inextricably intertwined with such permissible activities. 2. Whether conduct that is prohibited under the regulatory scheme governing public offerings of securities is categorically immune from liability under the federal antitrust laws because of the extensive regulatory authority exercised by the Securities and Exchange Commission over such conduct." See also, Supreme Court docket.

2/20. The Supreme Court denied certiorari in Illinois Public Telecommunications Association v. Illinois Commerce Commission, Sup. Ct. No. 06-543. See, Order List [66 pages in PDF] at page 40. This lets stand the November 23, 2005, opinion of the Appellate Court of Illinois, First District. The Supreme Court of Illinois denied leave to appeal on May 24, 2006.

2/20. The Supreme Court denied certiorari in Telekom SA Ltd. v. Telcordia Technologies, Inc., Sup. Ct. No. 06-663. See, Order List [66 pages in PDF] at page 40. This lets stand the August 14, 2006, opinion [PDF] of the U.S. Court of Appeals (3rdCir), App. Ct. No. 05-1653. See also, Supreme Court docket.

2/20. The Supreme Court denied rehearing in M2 Software, Inc. v. M2 Communications, Inc., Sup. Ct. NO. 06-515. See, Order List [66 pages in PDF] at page 65, and Supreme Court docket. The Supreme Court denied also denied mandamus in In Re M2 Software, Inc., Sup. Ct. No. 06-846, at page 64. See, Supreme Court docket.

People and Appointments

2/20. President Bush announced his intent to appoint Dennis Carlton to be a member of the Antitrust Modernization Commission (Government Representative). See, White House release.

2/7. Hugh Carroll joined the office of Rep. Chip Pickering (R-MS), a member of the House Commerce Committee (HCC), and its Subcommittee on Telecommunications and the Internet. He will handle telecommunications, judiciary and transportation policy. He previously worked for the House Transportation and Infrastructure Committee. Mike Hurst, who previously handled telecommunications issues for Rep. Pickering, has become an Assistant U.S. Attorney in the Office of the U.S. Attorney for the Southern District of Mississippi. See, release.

More News

2/20. The Government Accountability Office (GAO) released a report [79 pages in PDF] titled "Telecommunications: Issues Related to the Structure and Funding of Public Television".

2/16. The Los Angeles Economic Development Corporation (LAEDC) released a report [40 pages in PDF] titled "A False Bargain: The Los Angeles County Economic Consequences of Counterfeit Products".

Washington Tech Calendar
New items are highlighted in red.
Wednesday, February 21

The House will not meet on the week of February 19-23. See, House 2007 calendar.

The Senate will not meet on the week of February 19-23. See, Senate 2007 calendar.

10:00 AM. The Supreme Court will hear oral argument in Microsoft v. AT&T, Sup. Ct. No. 05-1056, a petition for writ of certiorari to the U.S. Court of Appeals (FedCir) in a patent infringement case. See, SCUS calendar.

11:30 AM -1:00 PM. The National Science Foundation's (NSF) National Science Board Commission on 21st Century Education in Science, Technology, Engineering, and Mathematics will meet. See, notice in the Federal Register, February 9, 2007, Vol. 72, No. 27, at Page 6297. Location: NSF, 4201 Wilson Blvd., Arlington,  VA.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers' Committeee will hold a brown bag lunch titled "The Role of In House Counsel". The speakers will be Robert Branson (Verizon Wireless), Stacy Fuller (DirecTV), Uzoma Onyeije (M2Z Networks), and Sumeet Seam (Discovery Communications). For more information, contact Chris Fedeli at chrisfedeli at dwt dot com, Natalie Roisman at nroisman at akingump dot com, or Tarah Grant at tsgrant at hhlaw dot com. Location: Hogan & Hartson, 555 13th St., NW.

POSTPONED. 6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a continuing legal education (CLE) seminar titled "Regulating for Innovation". See, registration form [PDF]. The deadline for registrations and cancellations is 5:00 PM on February 19. The prices to attend ranges from $50 to $125. Location: Skadden Arps, 1440 New York Ave., NW.

Day three of a four day convention titled "Satellite 2007". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

Day four of the National Association of Regulatory Utility Commissioners' (NARUC) winter committee meetings. Location: Renaissance Washington Hotel.

Thursday, February 22

8:30 AM - 2:00 PM. The University of Maryland University College will host an event titled "Maryland Cyber Security Forum". Greg Garcia (Assistant Secretary for Cyber Security and Telecommunications at the Department of Homeland Security) will speak at 8:30 AM. Keith Alexander (Lieutenant General, and Director of the National Security Agency) will speak at 10:15 AM. Location: 3501 University Boulevard East, Adelphi, MD.

9:30 AM - 5:00 PM. The Antitrust Modernization Commission (AMC) will meet. The AMC states that "Advanced registration is required." See, notice in the Federal Register, February 2, 2007, Vol. 72, No. 22, at Page 5000. Location: Morgan Lewis, main conference room, 1111 Pennsylvania Ave., NW.

12:00 NOON. The Federalist Society will host a lunch titled "Class Action Fairness Act". For more information, contact Juli Nix at 202-822-8138 or jnix at fed-soc dot org. Location: Holeman Lounge, National Press Club, 529 14th St. NW, 13th Floor.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch titled "Wireless Content Issues Explored". The speakers will include Mark Desautels (CTIA). The deadline for registrations and cancellations is 12:00 NOON on February 20. The price to attend is $15. See, registration form [PDF]. Location: Latham & Watkins, 555 11th 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.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will hold a panel discussion titled "China's Economic Rise: Opportunity or Threat". The speakers will be Timothy Adams (Under Secretary for International Affairs, Department of the Treasury), Morris Goldstein (Institute for International Economics), Yusuke Horiguchi (Institute for International Finance), Anne Krueger, Stephen Roach (Morgan Stanley), and Desmond Lachman (AEI). See, notice. Location: AEI, 1150 17th St., NW.

2:00 - 6:00 PM. The Department of Commerce's (DOC) Measuring Innovation in the 21st Century Economy Advisory Committee will hold its first meeting. See, notice in the Federal Register, January 31, 2007, Vol. 72, No. 20, at Page 4482. Location: Vista Ballroom, Wyndham Washington Hotel, 1400 M St., NW.

Day four of a four day convention titled "Satellite 2007". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

Deadline to submit reply 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.

Friday, February 23

8:30 AM - 5:30 PM. The U.S.- China Economic and Security Review Commission will meet. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6668-6669. Location: Room 562 Dirksen Building, Capitol Hill.

10:00 - 11:30 AM. The Heritage Foundation and the Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Listening For Terrorists: Surveillance Program - Lessons Learned and the Way Ahead". The speakers will be Mary DeRosa (CSIS), Todd Gaziano (Heritage), Suzanne Spaulding (Bingham Consulting Group), John Yoo (UC Berkeley School of Law, and author of book [Amazon] titled "War by Other Means: An Insider's Account of the War on Terror"), and James Carafano (Heritage). See, notice. Location: Heritage, Massachusetts Ave., NE.

12:00 NOON - 2:00 PM. The DC Bar Association, Federal Communications Bar Association's (FCBA) Communications Law, Copyright & Digital Rights Management Practice Committee, and the D.C. Chapter of the Copyright Society of the United States will host a brown bag lunch titled "Digital Rights Management and Copy Protection Issues". The speakers will be Adam Goldberg (Pioneer North America), Rob Kasunic (U.S. Copyright Office), Ryan Triplette (Senate Judiciary Committee), Troy Dow (Walt Disney, Co.), Natalie Roisman (moderator, Akin Gump). RSVP to Ben Golant at bgol at loc dot gov or 202-707-9127. See, DC Bar notice. Location: DC Bar Conference Center, B-1, 1250 H St., NW.

12:00 NOON - 2:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Wireless Future: What is the Best Way to Bring Ubiquitous Broadband Access to All Americans?". The speakers will be John Muleta (M2Z Networks), Morgan O'Brien (Cyren Call), Chris Guttman-McCabe (CTIA - The Wireless Association), Ben Scott (Free Press), John Scrivner (Wireless Internet Service Providers Association), and Michael Calabrese (NAF). Lunch will be served. See, notice. Location: Room 385, Russell Building, Capitol Hill.

Deadline to submit reply 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the National Exchange Carrier Association's (NECA) proposed modification of average schedule formulas for interstate settlements. See, FCC's Public Notice [PDF] (DA 07-306). This proceeding is WC Docket No. 06-223.

Monday, February 26

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the adequacy and effectiveness of intellectual property rights (IPR) protection and enforcement at the provincial level in the People's Republic of China. The OUSTR is particularly interested in details about Beijing City, Fujian Province, Guangdong Province, Jiangsu Province, Shanghai City, and Zhejiang Province. See, notice in the Federal Register, January 24, 2007, Vol. 72, No. 15, at Pages 3170-3171.

Deadline to submit written comments to the Federal Trade Commission (FTC) regarding its January 25, 2007, workshop on online marketing of negative options. See, FTC release and notice [PDF] to be published in the Federal Register.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Ninth Notice of Proposed Rulemaking in its proceeding titled "Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band". The FCC adopted this item at its December 20, 2006, meeting. It is FCC 06-181 in PS Docket No. 06-229 and WT Docket No. 96-86. See, FCC's Public Notice [3 pages in PDF] (DA 07-41) and notice in the Federal Register, January 10, 2007, Vol. 72, No. 6, at Pages 1201-1204.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its 7th Further Notice of Proposed Rulemaking in its proceeding titled "Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service". This item proposes a new DTV Table of Allotments providing all eligible stations with channels for DTV operations after the DTV transition. The FCC adopted this item on October 10, 2006, and released it on October 20, 2006. See, story titled "FCC Adopts NPRM Proposing New DTV Table of Allotments" in TLJ Daily E-Mail Alert No. 1,473, October 23, 2006. This item is FCC 06-150 in MB Docket No. 87-268. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Pages 66591-66631. See, FCC's notice of extention [2 pages in PDF] (DA 07-38) and notice in the Federal Register, January 26, 2007, Vol. 72, No. 17, at Page 3777.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Media Bureau (MB) in response to its 7th Further Notice of Proposed Rulemaking regarding revisions to the proposed new DTV table of allotments. See, notice in the Federal Register, January 19, 2007, Vol. 72, No. 12, at Pages 2485-2487. This 7thFNPRM is FCC 06-150 in MB Docket No. 87-268.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) regarding the request submitted by Hand Held Products for a determination that the hearing aid compatibility obligations in Part 20 do not apply to its mobile computing line of devices. See, FCC's Public Notice [PDF] (DA 07-103). This proceeding is WT Docket No. 01-309.

Tuesday, February 27

9:00 AM - 4:45 PM. Day one of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6547-6548. Location: American Geophysical Union, 2000 Florida Ave., NW.

Wednesday, February 28

Day two of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6547-6548. Location: American Geophysical Union, 2000 Florida Ave., NW.

11:30 AM. The Federal Communications Bar Association's (FCBA) HLS/Emergency Communications Committee will host a brown bag lunch. The speaker will be David Boyd (Director, Command, Control and Interoperability in the Department of Homeland Security). For more information, contact Robert Gurss at gurssr at apcomail dot org or 202-833-3800  Location: Akin Gump, 1133 New Hampshire Ave., NW.

Extended deadline to submit comments to the Federal Bureau of Investigation's (FBI) Electronic Surveillance Technology Section (ESTS) regarding its Communications Assistance for Law Enforcement Act of 1994 (CALEA) related cost recovery process information collection activities. See, original notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69146-69147, which set the original comment deadline of January 29, 2007, and notice of extension in the Federal Register, January 29, 2007, Vol. 72, No. 18, at Pages 4045-4046.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its Draft Special Publication 800-104 [9 pages in PDF] titled "A Scheme for PIV Visual Card Topography". It contains recommendations for federal agencies in the color coding of Personal Identity Verification (PIV) Cards.

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