5/31. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM), that contains numerous tentative conclusions. It expands E911 location obligations to interconnected voice over internet protocol (VOIP) services. It also sets standards for location accuracy.

The FCC issued only a brief release [PDF] describing this item, and the five Commissioners wrote statements. The five Commissioners uniformly advocated this item for its promotion of public safety operations.

The expanded scope, and increased accuracy, of location determination capabilities in communications and information technology devices will also promote location based advertising, location based social networking, aggregation and incorporation of location data into electronic databases, and government surveillance.

The FCC's release states that the FCC tentatively concludes that "Providers of interconnected VoIP services that can be used at more than one location must employ an automatic location technology that meets the same accuracy standards which apply to providers of commercial mobile radio services (CMRS)."

The release also states that the FCC tentatively concludes that "wireless carriers would be required to meet Phase II location accuracy and reliability standards under Section 20.18(h) at the service area level of PSAPs." The release adds that the FCC seeks comments on "whether to defer enforcement of Section 20.18(h) to allow time for wireless carriers to come into compliance with this standard".

The release also states that the FCC tentatively concludes that "A single, technology-neutral location accuracy requirement for wireless E911 service should be used, rather than the separate accuracy requirements for network-based and handset-based location technologies that are currently in place".

The release also states that the FCC tentatively concludes that "Wireless carriers should comply with a mandatory schedule for accuracy testing and automatically provide accuracy data to PSAPs".

FCC Chairman Kevin Martin (at right) wrote in his statement [PDF] that "We have long known that the two location technologies used by carriers -- handset-based GPS and network-based triangulation -- each have limitations. Network-based technologies are not as effective in rural areas often due to lack of sufficient towers. Handset-based technologies are not as effective in urban areas, as signals often have difficulty penetrating buildings. In this respect, a network-based technology that works well in Manhattan may have little or no ability to locate an individual in other parts of the state. As technology has developed, however, so must our standards and expectations. The Notice of Proposed Rulemaking recognizes that the different technologies chosen by carriers to date have limitations, and seeks comment on ways to remedy these shortcomings."

Commissioner Jonathan Adelstein (at left) concurred in, but criticized, this item. He wrote in his statement [PDF] that "I am concerned that this proceeding, while well-intentioned, rushes to judgment by issuing a series of tentative conclusions without even beginning to conduct the necessary due diligence. I am troubled that we are considering imposing a new compliance requirement that we know some carriers will be unable to meet in certain circumstances. To make matters worse, we are bifurcating the proceeding with the goal of setting a new accuracy compliance standard well in advance of making a determination of how we can actually achieve improved location accuracy. This is premature from both legal and policy standpoints."

He concluded that "It is questionable that the best way is for the Commission to set a utopian standard before it even considers the full record. After much consideration, I think we need a more collaborative approach. I am unable to fully support our item because I am concerned the debate over compliance will create an unnecessary sideshow to the main event of improving E911 services."

See also, statement by Commissioner Robert McDowell, statement by Commissioner Michael Copps, and statement by Commissioner Deborah Tate.

The FCC's release, and all five Commissioners' statements, discuss public safety uses of location information. None address other uses of government mandated precise location tracking capability, such as location based advertising, location based social networking, aggregation of location data, and government surveillance. Nor do they discuss the impact of these other uses on individual privacy, personal safety, and 4th Amendment rights.

Although, Adelstein did ask rhetorically in his written statement, "should we be taking a closer look at how privacy interests intersect with innovation in the E911 space?"

This item is FCC 07-108 in CC Docket No. 94-102, WC Docket No. 05-196, and the new PS Docket No. 07-114.

5/31. The Federal Communications Commission (FCC) adopted, but did not release, a Second Report and Order and Further Notice of Proposed Rulemaking regarding its Emergency Alert System (EAS).

The FCC has not released the actual order or NPRM. Rather, it is following its frequent practice of rulemaking by press release. The FCC issued only a short release [PDF] that describes this item, and all five Commissioners released statements.

This FCC's release states that the order portion of this item provides that terrestrial EAS participants must transmit "state and locally targeted EAS alerts that are originated by governors or their designees" and that the NPRM portion seeks comment on "whether Participants should be required to deliver EAS alerts originated by local, county, tribal, or other state governmental entities". That is, regulated entities must carry the messages of politically elected governors, and the FCC is considering giving mayors and other politicians access to the system also.

FCC Chairman Kevin Martin wrote in his statement [PDF] that the order also expands the entities that must comply with EAS rules to include "wireline video service providers". The rules already covered cable and DBS providers.

Commissioner Jonathan Adelstein elaborated in his statement [PDF] that "In First Report and Order, we expanded the EAS rules to include digital broadcast and cable TV, digital audio broadcasting, satellite radio, and direct broadcast satellite services. Today's Second Report and Order takes the modest step to include wireline video providers in EAS, irrespective of their regulatory classification as video or information service providers."

The FCC adopted its first order on November 3, 2006. See, story titled "FCC Requires DBS, Satellite Radio, Digital Broadcasters, and Others to Carry EAS Communications" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2006. See also, story titled "FCC Adopts NPRM Regarding Emergency Alert System" in TLJ Daily E-Mail Alert No. 954, August 6, 2004.

The release states that the order portion of this item requires EAS participants "to accept messages using Common Alerting Protocol (CAP), the groundwork for Next Generation EAS delivery systems, no later than 180 days after FEMA announces its adoption of standards in each case."

The release adds that "The use of CAP will help to ensure the efficient and rapid transmission of EAS alerts to the American public in a variety of formats (including text, audio and video) and via different means (broadcast, cable, satellite, and other networks) and to promote the development of Next Generation EAS." (Parentheses in original.)

The release also states that the NPRM portion of this item requests public comments "on how best to deliver EAS alerts as well as broader emergency and public safety information" to people with disabilities, or who do not speak English. The release adds that the FCC's Public Safety and Homeland Security Bureau will hold a meeting, and that the FCC "commits to adoption of a final order within six months".

See also, statement by Commissioner Robert McDowell, statement by Commissioner Michael Copps, and statement by Commissioner Deborah Tate.

This item is FCC 07-109 in EB Docket No. 04-296.

5/31. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order and Declaratory Ruling regarding access in multiple unit buildings (MDUs). It makes two narrow changes to FCC rules to increase competitors' access to telephone and video service providers' inside wiring.

FCC Chairman Kevin Martin wrote in his statement [PDF] that "we are granting Cox's petition for declaratory ruling regarding the scope of access to incumbent telephone companies' inside wire in apartment buildings. This decision allows a new entrant competing to provide telephone service to gain access to inside wiring, thereby facilitating competition between telephone providers to serve customers who live in apartment buildings."

Martin added that "the Order also finds that a new entrant competing to provide cable service can gain access to inside cable wiring that is ``physically inaccessible.´´ This ruling thereby facilitates competition between cable providers to serve customers who live in apartment buildings."

The FCC issued a short release [PDF] that describes this item. See also, statement by Commissioner Robert McDowell, statement by Commissioner Michael Copps, and statement by Commissioner Jonathan Adelstein.

This item is FCC 07-111 in CS Docket No. 95-184, MM Docket No. 92-260, and WC Docket No. 01-338.

5/31. The Federal Communications Commission (FCC) adopted, but did not release, an Order pertaining to the recommendations submitted by the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks. The FCC issued a short release [PDF] that describes this item. It states that this order "extends, by one year, existing Special Temporary Authorizations which exempt Bell Operating Companies (``BOCs´´) from enforcement of section 272 and its implementing rules in order to allow them to share non-public, BOC network information with their section 272 and other affiliates to facilitate disaster planning." This item is FCC 07-107 in EB Docket No. 06-119 and WC Docket No. 06-63.

5/31. The Federal Communications Commission (FCC) deleted from the agenda [5 pages in PDF] of its May 31, 2007, event its adoption of an NPRM regarding market modifications for purpose of satellite and cable carriage of television broadcast stations. See, notice of deletion [PDF].

6/1. Proponents of regulation by the Federal Communications Commission (FCC) of ownership of publishers, broadcasters, and other media stated that News Corp. should not be allowed to purchase Dow Jones & Co., publisher of the Wall Street Journal (WSJ). The Free Press's (FP) Josh Silver stated in a release that "There are four broadcast TV networks in this country and three national newspapers: The New York Times, USA Today and the Wall Street Journal. These seven outlets are the most influential news sources in the nation. They effectively determine what's news and what's not. No single company should own two of them." The FP added that putting the WSJ and Fox News "under the same umbrella is bad for journalism and bad for democracy. The fact that no law currently prevents such a merger is a grave policy failure that Congress should address through changes in media ownership rules."

5/17. A grand jury of the U.S. District Court (MDFl) returned an indictment that charges Paul F. Little and Max World Entertainment, Inc. with violation of federal criminal statutes in connection with their alleged distribution of obscene content over the internet, and DVDs by mail.

While the Department of Justice (DOJ) brings many actions against both producers and viewers of child pornography (CP), this indictment does not allege violation of the CP statute, and contains no allegations regarding CP. Also, while this action is brought against a director and producer of disgusting videos, the statutes involved do not contain as an element commercial purpose.

The ten count indictment alleges violation of 18 U.S.C. § 1465, § 1462, and § 1461. Section 1465 provides in part that "Whoever knowingly transports or travels in, or uses a facility or means of, interstate or foreign commerce or an interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934) in or affecting such commerce for the purpose of sale or distribution of any obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter of indecent or immoral character, shall be fined under this title or imprisoned not more than five years, or both." (Parentheses in original.)

Section 1462 similarly criminalizes the importation into the U.S. of such content. Section 1461 similarly provides that "Whoever knowingly uses the mails for the mailing" such content shall be fined or imprisoned. (The indictment also alleges that the defendants mailed obscene DVDs.)

The DOJ also seeks forfeiture, pursuant to 18 U.S.C. § 1467, of "obscene material", "property, real or personal, constituting or traceable to gross profits or other proceeds obtained from the offenses", and "property, real or personal, used or intended to be used to commit or to promote the commission of the offenses". The DOJ stated in a release that this includes Little's residence and domain names.

The DOJ's release states that Little lives, and was arrested, in the state of California. However, the DOJ brought this action in the state of Florida. The indictment alleges that he mailed obscene DVDs to a Post Office box in Tampa, Florida. The indictment does not say whether or not the box was assigned to government investigators.

5/31. Federal Communications Commission (FCC) Commissioner Jonathan Adelstein named Katie Yochum to be his Confidential Assistant and Director of Outreach. The FCC release adds that she will be Adelstein's "primary contact for general media and press inquiries". She was previously Campaign Coordinator for the Media and Democracy Coalition.

5/31. President Bush announced his intent to nominate David McCormick (at left) to be Under Secretary of the Treasury (International Affairs). He is currently Deputy Assistant to the President and Deputy National Security Advisor for International Economic Affairs. Previously, he was Under Secretary of Commerce for Export Administration, at the Bureau of Industry and Security. See, White House release.

5/31. President Bush named Daniel Price to be Deputy Assistant to the President and Deputy National Security Advisor for International Economic Affairs. He previously worked for the law firm of Sidley Austin. See, White House release.

5/30. President Bush announced that his choice to be President of the World Bank is Robert Zoellick.(at right) If selected by the Bank's board, he would replace Paul Wolfowitz. Zoellick has briefly worked for Goldman Sachs, since leaving his position as Deputy Secretary of State last summer. Before that he was head of the Office of the U.S. Trade Representative (OUSTR). See, White House release.

5/31. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order extending its disability access and program support rules to providers of interconnected voice over internet protocol (VOIP) services.

This order revises the FCC's rules implementing 47 U.S.C. § 255, regarding access by persons with disabilities, and its rules implementing 47 U.S.C. § 225, regarding Telecommunications Relay Services (TRS).

The FCC has reclassified various types of broadband services as information services, thereby relieving them of regulation under the old rules for common carriers or cable companies. However, the FCC has then proceeded to expand and reapply these legacy common carrier rules to these information services under the concept of ancillary jurisdiction. The just adopted order extends one more category of legacy rules to VOIP service. The FCC has already applied universal service cross subsidy rules, CALEA like surveillance capability rules, E911 rules, and CPNI rules.

The FCC previously determined that interconnected VOIP is an "information service". Section 255 regulates a "provider of telecommunications service". Section 225 regulates a "common carrier". The FCC's release does not articulate the legal authority for the order.

The FCC has yet to extend to interconnected VOIP its common carrier rules regarding number portability, numbering resources, slamming, cramming, termination of service, and regulation of billing practices. Nor has the FCC yet extended to interconnected VOIP any of its common carrier economic regulatory regime.

The FCC issued a short release [PDF] describing this item. It states that the order provides that interconnected VOIP providers are "subject to the requirements of Section 225, including contributing to the Telecommunications Relay Services (TRS) Fund and offering 711 abbreviated dialing for access to relay services."

Jonathan Adelstein wrote in his statement [PDF] that "there is much work to be done to develop specific standards".

See also, statement by Chairman Kevin Martin, statement by Commissioner Robert McDowell, and statement by Commissioner Michael Copps.

This order is FCC 07-110, in the FCC's omnibus IP enabled services proceeding, WC Docket No. 04-36, its proceeding titled "Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons with Disabilities" and numbered WT Docket No. 96-198, and its proceeding titled "Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities", and numbered CG Docket No. 03-123.

The House will not meet on Monday, May 28 through Monday, June 4, due to the Memorial Day District Work Period. It will next meet on Tuesday, June 5. See, House 2007 calendar.

The Senate will not meet on Monday, May 28 through Friday, June 1, due to the Memorial Day District Work Period. It will next meet on Monday, June 4.

9:00 AM -- 4:00 PM. The Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau (PSHSB) will hold an event titled "Spectrum Policy and Management: Building Interoperable Public Safety Communications". See, FCC notice [PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

2:00 - 3:00 PM. The Information Technology Association of America (ITAA) will host a webcast continuing legal education (CLE) seminar titled "Outsourcing Remedies: Problematic Outsourcing Relationships: Is There a Cure?". See, notice.

TIME? The Department of Defense's (DOD) Defense Science Board Task Force on Integrating Sensor-Collected Intelligence will hold another of its closed sessions 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 Senate will meet at 2:30 PM. It will resume consideration of S 1348, a bill related to immigration and other matters.

9:00 AM - 12:00 NOON. The U.S. National Commission on Libraries and Information Science (NCLIS) will meet. See, notice in the Federal Register, May 22, 2007, Vol. 72, No. 98, at Page 28714. Location: Room 642, Madison Building, Library of Congress, 101 Independence Ave., SE.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Microstrategy v. Business Objects, App. Ct. No. 2006-1320. Location: Courtroom 203.

10:00 AM - 12:00 NOON. The National Telecommunications and Information Administration (NTIA) will hold a public meeting regarding the Public Safety Interoperable Communications Grant Program. See, NTIA notice and notice in the Federal Register, May 22, 2007, Vol. 72, No. 98, at Pages 28685-28686. Location: Auditorium, Department of Commerce, 1401 Constitution Ave., NW.

5:00 PM. Deadline to submit applications to the National Institute of Standards and Technology (NIST) for funding for "basic research in the field of nanoscale electronics focused on developing the next logic switch beyond complementary metal oxide semiconductor (CMOS)". See, notice in the Federal Register , May 4, 2007, Vol. 72, No. 86, at Pages 25264-25267.

The House will return from its Memorial Day District Work Period at 2:00 PM. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's weekly calendar [PDF].

9:00 AM. The Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Investigations will hold a hearing on stock options. Location: Room 342, Dirksen Building.

9:00 AM - 3:00 PM. The U.S. National Commission on Libraries and Information Science (NCLIS) will meet. See, notice in the Federal Register, May 22, 2007, Vol. 72, No. 98, at Page 28714. Location: Room 642, Madison Building, Library of Congress, 101 Independence Ave., SE.

12:00 NOON. Anthony Romero, head of the ACLU, will speak on his book titled "In Defense of Our America: The Fight for Civil Liberties in the Age of Terror" [Amazon]. See, notice and registration page. Lunch will be served after the program. Location: Cato Institute, 1000 Massachusetts Ave.,  NW.

2:00 - 4:00 PM. The House Science Committee (HSC) will hold a hearing titled "The Role of Technology in Reducing Illegal Filesharing: A University Perspective". See, notice. Location: Room 2318, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "The Judicial Year in Review". The price to attend ranges from $50 to $125. See, registration form [PDF]. Registrations are due by 5:00 PM on Friday, June 1. Location: __?

TIME? The AeA will host its annual event titled "Annual Technology for Government Dinner". The keynote speaker will be Jonathan Schwartz, P/CEO of Sun Microsystems. The AeA states that this event is for "government CIO’s and government leaders together with high-tech Industry executives". Prices vary. See, notice. For more information, contact Anne Caliguiri at 202-682-4443 or anne_caliguiri at aeanet dot org. Location: Independence Ballroom, Grand Hyatt, 1000 H St., NW.

The House will meet at 10:00 AM for legislative business. It may consider HR 964 [LOC | WW], the "Securely Protect Yourself Against Cyber Trespass Act", the House Commerce Committee's spyware bill.  See, Rep. Hoyer's weekly calendar [PDF].

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Patent Reform:  The Future of American Innovation". The witnesses will be Jon Dudas (head of the U.S. Patent and Trademark Office), Bruce Bernstein (InterDigital Communications Corporation), Mary Doyle (Palm, Inc.), and Moshe Malina (Citi). See, notice. Location: Room 226, Dirksen Building.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Federal STEM Education Programs". See, notice. Location: Room 2318, Rayburn Building.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in MEMC Electronic Materials v. Mitsubishi, App. Ct. No. 2006-1305. Location: Courtroom 201.

Deadline to submit to the U.S. International Trade Commission (USITC) requests to testify at, and prepared statements for, its hearing on June 20, 2007, on the potential effects of a U.S. Korea Free Trade Agreement. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Page 28997.

The House will meet at 10:00 AM for legislative business. It may consider HR 964 [LOC | WW], the "Securely Protect Yourself Against Cyber Trespass Act", the House Commerce Committee's spyware bill.  See, Rep. Hoyer's weekly calendar [PDF].9:30 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for ITU-T Study Group 16. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6640-6641. Location: Communications Technologies Inc, 14151 Newbrook Drive, Suite 400, Chantilly, VA.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of Leslie Southwick to be a Judge of the U.S. Court of Appeals (5thCir) and Robert James Jonker to be a Judge of the U.S. District Court for the Western District of Michigan. See, notice. Location: Room 226, Dirksen Building.

CHANGE OF TOPIC AND SPEAKERS. 12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch titled "Investing Safely in Foreign Countries or How Not to Fall Afoul of the Federal Corrupt Practices Act". The speakers will be Tara Giunta (Paul Hastings), Aileen Pisciotta (Trans-World Telecom Caribbean), and Mel Schwechter (LeBoeuf Lamb). RSVP to Almira Kennedy at 202-418-1743 or Almira dot Kennedy at fcc dot gov. Location: Paul Hastings, 875 15th St., NW.

1:00 - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Social, Behavioral and Economic Sciences will hold a meeting. The first topic on the agenda is "Science of Science and Innovation Policy". See, notice in the Federal Register, May 11, 2007, Vol. 72, No. 91, at Page 26850. Location: 4201 Wilson Blvd., Room 920, Arlington, VA.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear en banc oral argument in In Re Seagate Technology, App. Ct. No. 2006-M830. Location: Courtroom 201.

3:00 PM. The Department of Commerce's (DOC) President's Export Council (PEC) will meet. The deadline to register to attend is June 1, 2007. See, notice in the Federal Register: May 18, 2007, Vol. 72, No. 96, at Page 28030. Location: Room 628, Dirksen Building.

Day one of a two day conference titled "Broadband Policy Summit III". See, conference web site. Location: Ritz Carlton, Pentagon City, Arlington, VA.

8:00 - 9:15 AM. The Federal Communications Bar Association (FCBA) and the Northern Virginia Technology Council (NVTC) will jointly host a breakfast titled "Trends in Communications Technologies". The speaker will be Ed Thomas (Harris Wiltshire & Grannis). Location: Pillsbury Winthrop Shaw Pittman, 1650 Tysons Blvd., McLean, VA.

Day two of a two day conference titled "Broadband Policy Summit III". See, conference web site. Location: Ritz Carlton, Pentagon City, Arlington, VA.

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