4/17. The Supreme Court of the U.S. issued its opinion [40 pages in PDF] in Global Crossing v. Metrophones, upholding the Federal Communications Commission's (FCC) rules that require long distance carriers to compensate payphone operators when a caller uses a payphone to obtain free access to the carrier's lines.

The Supreme Court also held that a payphone operator may bring a federal action against a carrier that refuses to make the payments required by the FCC's rules.

In this case, Metrophones Telecommunications, Inc. is a payphone operator, and Global Crossing Telecommunications, Inc., is a long distance carrier. Metrophone sought compensation from Global Crossing for each time a user of its payphones obtained free access to Global Crossing's lines. Global Crossing refused, and Metrophones filed a complaint in U.S. District Court.

47 U.S.C. § 201 provides in part that "It shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor".

Subsection (b) then provides in part that "All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is declared to be unlawful".

47 U.S.C. § 207 then provides in full that "Any person claiming to be damaged by any common carrier subject to the provisions of this chapter may either make complaint to the Commission as hereinafter provided for, or may bring suit for the recovery of the damages for which such common carrier may be liable under the provisions of this chapter, in any district court of the United States of competent jurisdiction; but such person shall not have the right to pursue both such remedies."

The Telecommunications Act of 1996 instructed the FCC to write regulations establishing a plan to compensate payphone operators. The FCC wrote rules that required carriers to compensate payphone operators at a rate of 24 cents per call. The FCC also declared that a carrier's failure to comply with the payphone compensation regulation is unlawful under §201(b) as an "unjust or unreasonable" practice. The FCC also declared that there is a private right of action for this failure.

The Supreme Court, applying Chevron deference, held that "the FCC's application of §201(b) to the carrier's refusal to pay compensation is a reasonable interpretation of the statute; hence it is lawful. ... And, given the linkage with §207, we also conclude that §207 authorizes this federal-court lawsuit."

Justice Scalia wrote in his dissent that "I would hold that a private action to enforce an FCC regulation under §§201(b) and 206 does not lie unless the regulated practice is "unjust or unreasonable" in its own right and apart from the fact that a substantive regulation of the Commission has prohibited it. As the practice regulated by the payphone-compensation regulation does not plausibly fit that description, I would reverse the judgment of the Court of Appeals."

Justice Thomas wrote in his dissent that "§201 does not reach the conduct at issue here. Failing topay is not a "practice" under §201 because that section regulates the activities of telecommunications firms intheir role as providers of telecommunications services. As such, §201(b) does not reach the behavior of telecommunication firms in other aspects of their business."

This case is Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., Sup. Ct. No. 05–705, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit. Justice Breyer wrote the opinion of the Supreme Court, in which Justices Stevens, Roberts, Alito, Ginsburg, Souter and Kennedy joined. Justices Scalia and Thomas dissented.

4/16. The Supreme Court of the United States (SCUS) requested that the Office of the Solicitor General (OSG) file a brief "expressing the views of the United States" in Quanta Computer v. LG Elecronics.

The SCUS has not yet decided whether or not to grant Quanta Computer's petition for writ of certiorari. See, Order List [18 pages in PDF] at page 2, and SCUS docket.

This is a patent infringement case related to personal computer technology. The District Court granted summary judgment of noninfringement. The U.S. Court of Appeals (FedCir) issued its opinion [31 pages in PDF] on July 7, 2006. It affirmed in part, reversed in part, vacated in part, and remanded to the District Court.

This case is Quanta Computers, Inc., et al. v. LG Electronics, Inc., Sup. Ct. No. 06-937, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 05-1261, 05-1262, 05-1263, 05-1264, 05-1302, 05-1303, and 05-1304. Judge Mayer wrote the opinion of the Court of Appeals, in which Judges Michel and Newman joined. The Court of Appeals heard appeals from the U.S. District Court for the Northern District of California, Judge Claudia Wilkin presiding.

4/17. Deputy Secretary of the Treasury Robert Kimmitt gave a speech on the U.S. Japan Economic Relationship on Capitol Hill in Washington DC. He urged Japan to continue its economic reforms, to deregulate its communications sector, to allow the free flow of capital, and to address protection of its agricultural sector.

He said that "Japan is now experiencing the longest economic expansion in its post-war history, thanks in part to the reforms launched by former Prime Minister Koizumi." He added that "We welcome Prime Minister Abe's commitment to press forward with economic reform in Japan that seeks to raise productivity growth; create new investment opportunities; stimulate competition; and foster a stronger business climate."

Kimmitt then offered recommendations regarding these reforms. For example, he stated that "To raise productivity, the government of Japan should encourage competition, the entry of new firms, and the introduction of new technologies and products. We are all familiar with manufactured products in which Japanese technology leads the world. Yet some Japanese industries maintain surprisingly low levels of productivity relative to their foreign counterparts. In many cases, these are industries with extensive regulations on entry, products, and technologies."

He added that Japan's "communications" is one industry that should be deregulated, and opened to new entry and competition. However, he did not address outdated or unnecessary regulation of the U.S. communications sector.

He also discussed trade and protectionism in Japan and the U.S. He said that the two countries are "natural partners in advancing the fundamental principles of a healthy world economy: free and fair trade; flexible exchange rates set in open, competitive markets based on underlying fundamentals; and the free flow of capital across borders, based on open investment policies. But we must also confront the threat of growing protectionist sentiment and new obstacles to trade and investment."

Kimmitt continued that "We often discuss protectionism in the context of trade. But since investment flows are many times larger than trade flows, we must also pay close attention to cross-border capital flows and maintaining open investment policies. We must come together to make clear on both sides of the Pacific that we are open to investment and trade, and actively reject the rise of investment protectionism across the Pacific or elsewhere in the world."

He also discussed Doha round trade negotiations. He said that "Both Japan and the United States would benefit from an agreement, and, in some sectors, Japan has even more to gain from global trade liberalization than the United States."

However, he added that "domestic opposition to agricultural reform has prevented Japan from playing a leading role in the Doha Round negotiations and in other international trade liberalization efforts." He urged Japan to reduce subsidies and protection, and singled out conditions imposed upon U.S. beef as an example. He did not address the U.S.'s agricultural subsidies and protectionism.

4/17. The Federal Trade Commission (FTC) and the Department of Justice (DOJ) released a report [217 pages in PDF] titled "Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition". See also, FTC release.

The report begins with the statement that "intellectual property laws and antitrust laws share the same fundamental goals of enhancing consumer welfare and promoting innovation". It rejects as outdated and incorrect the argument that intellectual property law's grant of exclusivity creates monopolies that are in tension with antitrust law's attack on monopoly power.

"Intellectual property laws create exclusive rights that provide incentives for innovation", the report states. "These property rights promote innovation by allowing intellectual property owners to prevent others from appropriating much of the value derived from their inventions or original expressions. These rights also can facilitate the commercialization of these inventions or expressions and encourage public disclosure, thereby enabling others to learn from the protected property."

It adds that "Antitrust laws foster competition by prohibiting anticompetitive mergers, collusion, and exclusionary uses of monopoly power. Yet, it is well understood that exercise of monopoly power, including the charging of monopoly prices, through the exercise of a lawfully gained monopoly position will not run afoul of the antitrust laws. The same principle applies to monopoly power that is based on intellectual property rights."

And hence, "antitrust doctrine does not presume the existence of market power from the mere presence of an intellectual property right."

The bulk of the report then address some of the more difficult issues that arise when antitrust law is applied in the context of intellectual property.

Strategic Use of Licensing and Unilateral Refusals to License Patents. The report first addresses unilateral refusals to license patents and the divergent opinions in Image Technical Services, Inc. v. Eastman Kodak Co., 125 F.3d 1195 (9th Cir. 1997), and In re Independent Service Organizations Antitrust Litigation, 203 F.3d 1322 (Fed. Cir. 2000).

The report offers four conclusions.

First, it concludes that "Section 271(d)(4) of the Patent Act does not create antitrust immunity for unilateral refusals to license patents."

Second, it concludes that "Statements in Supreme Court jurisprudence support the traditional understanding that the unilateral right to refuse to grant a patent license is a core part of the patent grant."

Third, it concludes that "Antitrust liability for mere unilateral, unconditional refusals to license patents will not play a meaningful part in the interface between patent rights and antitrust protections. Antitrust liability for refusals to license competitors would compel firms to reach out and affirmatively assist their rivals, a result that is ``in some tension with the underlying purpose of antitrust law.´´ Moreover, liability would restrict the patent holder’s ability to exercise a core part of the patent -- the right to exclude."

Finally, the report concludes that "Conditional refusals to license that cause competitive harm are subject to antitrust liability."

Industry Standards and Intellectual Property. The report states that "Industry standards are widely acknowledged to be one of the engines of the modern economy. Standards can make products less costly for firms to produce and more valuable to consumers. They can increase innovation, efficiency, and consumer choice".

Moreover, the report states that "Standards make networks, such as the Internet and telecommunications, more valuable to consumers by allowing products to interoperate."

However, the work of standard setting organizations (SSO) can raise antitrust concerns. The two agencies' report makes six conclusions.

First, it concludes that "Ex ante consideration of licensing terms by SSO participants can be procompetitive."

Second, it concludes that "Joint ex ante consideration of licensing terms by SSO participants is unlikely to constitute a per se antitrust violation. The Agencies will usually apply the rule of reason when evaluating joint activities that mitigate hold up by allowing potential licensees of the standard to negotiate licensing terms with IP holders. Such ex ante negotiations of licensing terms are most likely to be reasonable when the adoption of a standard will create or enhance market power for a patent holder."

Third, it concludes that "An intellectual property owner’s unilateral announcement of licensing terms does not violate section 1 of the Sherman Act."

Fourth, it concludes that "An intellectual property owner's unilateral announcement of price terms, without more, does not violate section 2 of the Sherman Act."

Fifth, it concludes that "Bilateral ex ante negotiations about licensing terms that take place between an individual SSO member and an individual intellectual property holder outside the auspices of the SSO are unlikely (without more) to require any special antitrust scrutiny because intellectual property rights holders are merely negotiating individual terms with individual buyers." (Parentheses in original.)

Finally, the report concludes that "The Agencies take no position as to whether SSOs should engage in joint ex ante discussion of licensing terms."

Portfolio Cross-Licensing Agreements and Patent Pools. The report notes that "patent rights necessary to commercialize a product are frequently controlled by multiple rights holders".

It continues that "Portfolio cross licenses and patent pools can help solve the problems created by these overlapping patent rights, or patent thickets, by removing the need for patent-by-patent licensing, thus reducing transaction costs for licensees. In addition, patent-pooling agreements may mitigate royalty stacking and hold-up problems that can occur when multiple patent holders individually demand royalties from a licensee."

However, it also states that cross-licensing and patent-pooling agreements "may generate anticompetitive effects if the arrangements result in price fixing, coordinated output restrictions among competitors, or foreclosure of innovation."

The report offers four conclusions.

First, it concludes that "The Agencies will continue to evaluate the competitive effects of cross licenses and patent pools under the framework of the Antitrust-IP Guidelines. Given the cognizable benefits and potential anticompetitive effects associated with both of these licensing practices, the Agencies typically will analyze both types of agreements under the rule of reason."

Second, it concludes that "Combining complementary patents within a pool is generally procompetitive. Including substitute patents in a pool does not make the pool presumptively anticompetitive; competitive effects will be ascertained on a case-by-case basis."

Third, it concludes that "The competitive significance of a pool’s licensing terms will be analyzed on a case-by-case basis considering both their procompetitive benefits and anticompetitive effects."

Finally, the report concludes that "The Agencies will not generally assess the reasonableness of royalties set by a pool. The focus of the Agencies’ analysis is on the pool’s formation and whether its structure would likely enable pool participants to impair competition."

Variations on Intellectual Property Licensing Practices. The report concludes that "The Agencies will continue to apply the flexible rule of reason analysis of the Antitrust-IP Guidelines to assess intellectual property licensing agreements, including non-assertion clauses, grantbacks, and reach-through royalty agreements."

Tying and Bundling of Intellectual Property Rights. The report states that "Economic theory can identify both procompetitive and anticompetitive effects when two or more products are tied or bundled together and at least one of these products involves intellectual property rights."

However, it adds that in spite of this, "tying arrangements, including those involving intellectual property, continue to be per se illegal if the seller has market power in the tying product and certain other conditions are met. However, the application of the per se rule to tying has evolved to incorporate a market analysis." (Footnote omitted.)

The report concludes that "The Antitrust-IP Guidelines will continue to guide the Agencies’ analysis of intellectual property tying and bundling. Pursuant to the Antitrust-IP Guidelines, the Agencies consider both the anticompetitive effects and the efficiencies attributable to a tie, and would be likely to challenge a tying arrangement if: ``(1) the seller has market power in the tying product, (2) the arrangement has an adverse effect on competition in the relevant market for the tied product, and (3) efficiency justifications for the arrangement d o no t o u t w e i g h t h e  anticompetitive effects.´´ If a package license constitutes tying, the Agencies will evaluate it pursuant to the same principles they use to analyze other tying arrangements." (Footnotes omitted.)

Practices that Extend Beyond a Patent's Term. Lastly, the report addresses extending "extend the reach of a patent beyond the expiration of a patent's statutory term, such as collecting royalties beyond the statutory term, the use of exclusive contracts that deprive rivals or potential entrants of a source of supply or access to customers, or bundling trade secrets with patents."

See especially, Brulotte v. Thys Co., 379 U.S. 29 (1964). The report offers three conclusions.

First, it concludes that "The starting point for evaluating practices that extend beyond a patent’s expiration is analyzing whether the patent in question confers market power."

Second, it concludes that "Standard antitrust analysis applies to practices that have the potential to extend the market power conferred by a patent beyond its expiration."

Finally, it concludes that "Collecting royalties beyond a patent’s statutory term can be efficient. Although there are limitations on a patent owner's ability to collect royalties beyond a patent’s statutory term, that practice may permit licensees to pay lower royalty rates over a longer period of time, which reduces the deadweight loss associated with a patent monopoly and allows the patent holder to recover the full value of the patent, thereby preserving innovation incentives." (Footnote omitted.)

4/17. Michael Mullaney was named Chief of the Department of Justice's (DOJ) National Security Division's (NSD) Counterterrorism Section. Kenneth Wainstein remains the Assistant Attorney General in charge of the NSD.

4/17. Deborah Garza was named Deputy Assistant Attorney General for Regulatory Matters at the Department of Justice's (DOJ) Antitrust Division. She will oversee, among other things, telecommunications matters. She previously chaired the Antitrust Modernization Commission (AMC), which has issued its final report. See, story titled "Antitrust Modernization Commission Releases Report", story titled "AMC Addresses Innovation" and story titled "AMC Seeks End to Duplicative FCC Antitrust Merger Reviews" in TLJ Daily E-Mail Alert No. 1,560, April 4, 2007. She previously worked for the law firms of Covington & Burling and Fried Frank. Thomas Barnett remains the Assistant Attorney General in charge of the Antitrust Division.

4/17. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government held a hearing on the FY 2008 budget for the Federal Communications Commission (FCC). See, prepared testimony [PDF] of FCC Chairman Kevin Martin. Afterwards, Brian Dietz of the National Cable & Telecommunications Association (NCTA) stated in a release that "Its unfortunate that Chairman Martin continues to promote government-mandated a la carte when the vast majority of evidence shows it would raise prices for most consumers and harm diversity in programming. The Canadian example that Chairman Martin cites has nothing to do with the U.S. market and actually offers fewer benefits than portrayed. U.S. cable and satellite providers currently offer their customers the most diverse selection of programming found anywhere in the world. A mandated a la carte system is a lose-lose proposition -- it would jeopardize the broad diversity in programming that American consumers enjoy while raising prices for less choice."

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider numerous items under suspension of the rules, including HR 1677, the "Taxpayer Protection Act of 2007". This bill provides, in part, that if the IRS learns "in the course of an investigation under section 7206 (relating to fraud and false statements) or 7207 (relating to fraudulent returns, statements, or other documents)" that "there may have been an unauthorized use of the identity of the taxpayer or dependents", then the IRS shall "as soon as practicable and without jeopardizing such investigation, notify the taxpayer of such determination". See, Rep. Hoyer's weekly calendar.

The Senate will meet at 10:00 AM. It will resume consideration of of S 372, the Intelligence Authorization Act for Fiscal Year 2007.

8:30 - 10:30 PM. The DC Bar Association will host a lecture titled "Entertainment Law: The Year In Review". The speaker will be Stan Soocher (University of Colorado at Denver). The price to attend ranges from $20 to $37.50. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "XM Sirius". The witnesses will be Mel Karmazin (CEO of Sirius Satellite Radio), Russell Withers (Withers Broadcasting Companies), Gene Kimmelman (Consumer Union), Gigi Sohn (Public Knowledge), and David Bank (RBC Capital Markets). See, notice. Location: Room 253, Russell Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services will hold a hearing on the FY 2008 budget for the Federal Communications Commission (FCC). The witness will be FCC Chairman Kevin Martin. See, HAC calendar. Location: Room 2220, Rayburn Building.

POSTPONED TO APRIL 19. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Department of Justice Oversight". The witness will be Attorney General Alberto Gonzales. Press contract: Tracy Schmaler (Leahy) at 202-224-2154 or Courtney Boone (Specter) at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-2984. See, notice. Location: Room 216, Hart Building.

11:00 AM. The Cato Institute will host a panel discussion titled "Calm before the Storm? Developments in U.S. Trade Remedy Laws". The speakers will be Rep. Phil English (R-PA), David Hartquist (Committee to Support U.S. Trade Laws), Daniel Porter (Vinson & Elkins), and Daniel Ikenson (Cato). See, notice. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON. Deputy Secretary of the Treasury Robert Kimmitt will give a speech titled "U.S.-Japan Economic Relationship". Location: Room 325, Russell Building (Caucus Room).

12:30 PM. Rep. Charles Rangel (D-NY), Chairman of the House Ways and Means Committee, will give a speech. Location: National Press Club, 529 14th St. NW, 13th Floor.

TIME? The Computer and Communications Industry Association (CCIA) will host an event titled "Policy in a New Congressional Environment". Location: Willard Intercontinental Hotel.

Day one of a three day workshop hosted by the National Institute of Standards and Technology (NIST) and others titled "6th Annual PKI R&D Workshop: Applications-Driven PKI (It's The Apps, Stupid!)". See, notice. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Integrating Sensor-Collected Intelligence will meet in closed session regarding intelligence, surveillance and reconnaissance systems. See, notice in the Federal Register, April 2, 2007, Vol. 72, No. 62, at Page 15659. Location: Science Applications International Corporation, 4001 N. Fairfax Drive, Arlington, VA.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's weekly calendar.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Is ``Free Trade´´ Working?". See, notice. Location: Room 253, Russell Building.

10:00 AM. The House Oversight and Government Reform Committee's Subcommittee on Information Policy, Census and National Archives will hold a hearing titled "Ensuring Fairness and Accuracy in Elections Involving Electronic Voting Systems". Location: Room 2154, Rayburn Building.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association (FCBA) will host an lunch titled "2nd Annual Diversity and Young Lawyers Committees Mentoring Luncheon". For more information contact, Colin Sandy at 202-682-2496 or csandy at neca dot org. Location: Arnold & Porter, 10th Floor, 555 12th St. NW.

2:00 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 363, the "Sowing Seeds Through Science and Engineering Research Act". Location: Room H-313, Capitol Building.

2:15 PM. Sen. Patrick Leahy (D-VT), Sen. Orrin Hatch (R-UT), Rep. Howard Berman (D-CA), and Rep. Lamar Smith (R-TX) will hold a news conference to announce the introduction of the "Patent Reform Act of 2007". Location: Room S-325, Radio-Television Press Gallery, Capitol Building.

3:00 PM. The Public Knowledge (PK) will host an event titled "Digital Freedom Briefing: Music Making in the Digital Age -- Creation, Education, and Distribution". The speakers will include Gigi Sohn (PK), Fletch Wiley (producer and arranger), Lisa Matthews (singer), and Jennifer Hardin (student). For more information, contact Art Brodsky at 202-518-0020. Location: Room HC-7, Capitol Building.

4:00 - 5:30 PM. Klaus Kleinfeld, P/CEO of Siemens AG, will give a speech. See, registration page. Prices vary. Location: U.S. Chamber of Commerce, 1615 H St., NW.

Day one of a three day meeting of the ABA Section of Antitrust Law titled "55th Annual Spring Meeting". Press contact: Debbie Weixl at 312-988-6126 or orweixld at staff dot abanet dot org. See, ABA release and conference web site. Location: J.W. Marriott, 1331 Pennsylvania Ave., NW.

Day two of a three day workshop hosted by the National Institute of Standards and Technology (NIST) and others titled "6th Annual PKI R&D Workshop: Applications-Driven PKI (It's The Apps, Stupid!)". See, notice. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Integrating Sensor-Collected Intelligence will meet in closed session regarding intelligence, surveillance and reconnaissance systems. See, notice in the Federal Register, April 2, 2007, Vol. 72, No. 62, at Page 15659. Location: Science Applications International Corporation, 4001 N. Fairfax Drive, Arlington, VA.

The House will meet at 10:00 AM for legislative business. The House may consider HR 363, the "Sowing Seeds Through Science and Engineering Research Act". See, Rep. Hoyer's weekly calendar.

9:00 AM - 2:30 PM. The Federal Communications Bar Association's (FCBA) Ad Hoc Committee on on Homeland Security and Public Safety will host a continuing legal education (CLE) seminar titled "Regulatory and Policy Approaches to Address Emergency Response and Disaster Recovery". See, registration form [PDF]. The price to attend ranges from $100-$300. At 9:20 AM David Boyd (Department of Homeland Security) will speak. The DHS states that "Credentialed media wishing to attend must contact Ann Henson at ann at fcba dot org for access to the event." Location: Wiley Rein, 1776 K St., NW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Department of Justice Oversight". The witness will be Attorney General Alberto Gonzales. Press contract: Tracy Schmaler (Leahy) at 202-224-2154 or Courtney Boone (Specter) at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-2984. See, notice. Location: Room 216, Hart Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "Oversight Hearing on Federal Judicial Compensation". Location: Room 2141, Rayburn Building.

10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "The Digital Future of the U.S.: Part 3: Spectrum Opportunities and the Future of Wireless". The hearing will address, among other topics, 700 MHz band spectrum. The witnesses will be John Muleta (M2Z Networks), Victor Meena (CellularSouth), Janice Obuchowski (Frontline Wireless), Shelley Spencer (Wirefree Partners), Barry West (Sprint Nextel), and Michael Gallagher (Perkins Coie). Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "U.S. Competitiveness Through Basic Research". The witnesses will be John Marburger (Office of Science and Technology Policy), Arden Bement (National Science Foundation), and William Jeffrey (National Institute of Standards and Technology). See, notice. Location: Room 253, Russell Building.

? 10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of HR 740, the "Preventing Harassment through Outbound Number Enforcement (PHONE) Act of 2007". The agenda also includes consideration of several judicial nominees: Frederick Kapala (to be a Judge of the U.S. District Court for the Northern District of Illinois) and Benjamin Hale Settle (U.S.D.C. Western District of Washington). The SJC rarely follows its published agenda. See, notice. Press contact: Tracy Schmaler at 202-224-2154 or Tracy_Schmaler at judiciary dot senate dot gov. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy will meet to discuss the U.S. preparations, including formation of the U.S. delegation, for the 2007 World Radiocommunication Conference (WRC-07) that will take place in Geneva, Switzerland, October 22 through November 16, 2007. See, notice in the Federal Register, April 5, 2007 Vol. 72, Number 65, Notices, at Pages 16867-16868. See also, WRC-07 conference web site. Location: Dean Acheson Auditorium, Harry Truman Building, 2201 C St., NW.

1:00 PM. The House Homeland Security Committee's Subcommittee on Cybersecurity and Science and Technology may hold a hearing on cybersecurity of federal systems. The witnesses will include Jerry Dixon (Director of the DHS's National Cyber Security Division). Location: Room 1538, Longworth Building.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Research & Science Education will meet to mark up HR __, a bill to authorize appropriations for FY 2008, 2009 and 2010 for the National Science Foundation (NSF). Location: Room 2318, Rayburn Building.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will meet to mark up HR  964, the "Securely Protect Yourself Against Cyber Trespass Act". Location: Room 2123, Rayburn Building.

Day two of a three day conference hosted by the ABA Section of Antitrust Law titled "55th Annual Spring Meeting". Press contact: Debbie Weixl at 312-988-6126 or orweixld at staff dot abanet dot org. See, ABA release and conference web site. Location: J.W. Marriott, 1331 Pennsylvania Ave., NW.

Day three of a three day workshop hosted by the National Institute of Standards and Technology (NIST) and others titled "6th Annual PKI R&D Workshop: Applications-Driven PKI (It's The Apps, Stupid!)". See, notice. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

The House will meet at 10:00 AM for legislative business. The House may consider HR 363, the "Sowing Seeds Through Science and Engineering Research Act". See, Rep. Hoyer's weekly calendar.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will host an event titled "First Responders Summit: Interoperable and Reliable Public Safety Communications". The event will be audio webcast by the FCC. Location: FCC, Commission Meeting Room (TW-C305).

9:00 AM. - 5:00 PM. The American Enterprise Institute (AEI) and the Brookings Institute (BI) will host a conference titled "Is Excessive Regulation and Litigation Eroding U.S. Financial Competitiveness?". Commissioner Paul Atkins of the Securities and Exchange Commission will be the luncheon speaker. Judge Douglas Ginsburg of the U.S. Court of Appeals (DCCir) will speak on a panel titled "Shareholder Rights". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

2:00 - 3:00 PM. The Information Technology Association of America (ITAA) will host a webcast continuing legal education (CLE) seminar titled "When is an Email an Export? The ABCs of U.S. Export Controls". The speakers will be Linda Weinberg and Karen McGee (Barnes & Thornburg). For more information, contact Mark Uncapher at muncapher at itaa dot org. Audio download copies will be sold after the event.

6:00 PM. Deadline to submit to the Federal Communications Commission (FCC) Applications to participate in Phase II 220 MHz Service Spectrum Auction No. 72. Bidding for Auction No. 72 is scheduled to begin on June 20, 2007. See, notice in the Federal Register, March 28, 2007, Vol. 72, No. 59, at Pages 14555-14572.

Day three of a three day conference hosted by the ABA Section of Antitrust Law titled "55th Annual Spring Meeting". Press contact: Debbie Weixl at 312-988-6126 or orweixld at staff dot abanet dot org. See, ABA release and conference web site. Location: J.W. Marriott, 1331 Pennsylvania Ave., NW.

8:30 AM - 5:00 PM. Day one of a two day workshop hosted by the Federal Trade Commission (FTC) titled "Proof Positive: New Directions in ID Authentication". See, FTC release and notice in the Federal Register, February 26, 2007, Vol. 72, No. 37, at Pages 8381-8383. Location: FTC, Satellite Building Conference Center, 601 New Jersey Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a luncheon panel discussion titled "Perspectives on the International MVNO Market". The speakers will include Esther Nunes (Pinheiro Neto-Advogados), a representative of Deloitte Touche, and others. See, registration form [PDF]. The price to attend is $15. The deadline for registrations and cancellations is 12:00 NOON on April 19. Location: Wiley Rein, main conference room, 1776 K St., NW.

Day one of a three day conference hosted by the National Institute of Standards and Technology (NIST) titled "Interoperability Week". See, notice. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in its proceeding titled "In the Matter of Effects of Communications Towers on Migratory Birds". This NPRM [40 pages in PDF] is FCC 06-164 in WT Docket No. 03-187. The FCC adopted this NPRM on November 3, 2006. It released it on November 17, 2006. See, notice of extension [PDF].

? TIME? The Forum on Technology & Innovation will hold a forum. Location?

8:30 AM - 12:30 PM. Day two of a two day workshop hosted by the Federal Trade Commission (FTC) titled "Proof Positive: New Directions in ID Authentication". See, FTC release and notice in the Federal Register, February 26, 2007, Vol. 72, No. 37, at Pages 8381-8383. Location: FTC, Satellite Building Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 5:00 PM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The co-chairs of the PCAST subcommittee on networking and information technology are scheduled to lead a discussion on the findings of the PCAST review of the Federal Networking and Information Technology Research and Development (NITRD) Program. See, notice in the Federal Register, April 10, 2007, Vol. 72, No. 68, at Page 17908. Location: Room 100, Keck Center of the National Academies, 500 5th St., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Communications, Broadband and Competitiveness: How Does the U.S. Measure Up?". See, notice. Location: Room 253, Russell Building.

CANCELLED. 12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) FCC Enforcement Practice Committee will host a brown bag lunch titled "Enforcement in Communications: A State Perspective". The speakers will include Mary Ellen Burns (Senior Counsel, New York State Attorney General's Office), Chana Wilkerson (Maryland Office of People's Counsel), and others. For more information, contact Christi Shewman at christi dot shewman at fcc dot gov. Location: Skadden Arps, conference center, 700 14th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "The Orphan Works Dilemma: What is it and can it be fixed?". The speakers will be Maria Pallante (Deputy General Counsel, Copyright Office), Allan Adler (Association of American Publishers), and Victor Perlman (American Society of Media Photographers). See, notice. The price to attend ranges from $10-$30. For more information, call 202-626-4363. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:00 NOON. The President's Export Council will hold a meeting by teleconference to discuss its draft recommendation to the President regarding trade promotion authority (TPA). See, notice in the Federal Register, April 10, 2007, Vol. 72, No. 68, at Page 17838.

Day two of a three day conference hosted by the National Institute of Standards and Technology (NIST) titled "Interoperability Week". See, notice. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

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