7/19. Senate Commerce Committee (SCC) approved S 1780 [LOC | WW], the "Protecting Children from Indecent Programming Act", a bill to facilitate the Federal Communications Commission's (FCC) ability to regulate broadcast indecency.

Sen. Jay Rockefeller (D-WV) and others introduced this bill on July 12, 2007. It would amend 47 U.S.C. § 303 note to provide that the FCC "shall maintain a policy that a single word or image may constitute indecent programming". However, the bill contains no provision regarding whether, or in what circumstances, any word or image would be indecent.

The bill is cosponsored by Sen. Daniel Inouye (D-HI), Sen. Ted Stevens (R-AK), and Sen. Mark Pryor (D-AR).

This bill is a reaction to the June 4, 2007, divided opinion [53 pages in PDF] of the U.S. Court of Appeals (2ndCir) in Fox Television v. FCC, a broadcast indency case. The majority wrote that "the FCC's new policy sanctioning ``fleeting expletives´´ is arbitrary and capricious under the Administrative Procedure Act for failing to articulate a reasoned basis for its change in policy." The court vacated and remanded to the FCC. See, story titled "2nd Circuit Vacates and Remands FCC Profanity Order" in TLJ Daily E-Mail Alert No. 1,590, June 4, 2007.

S 1780, by providing a statutory basis for sanctions based upon single words, would have the effect of overturning the court's holding.

However, there is also the matter of the court's dicta. The court did not rule on the basis of any of the Constitutional issues raised by the case. However, the court did write in dicta that "we are skeptical that the Commission can provide a reasoned explanation for its ``fleeting expletive´´ regime that would pass constitutional muster".

This bill cannot overturn a Constitutional constraint.

Caroline Frederickson, of the American Civil Liberties Union (ACLU), sent a letter to Sen. Inouye and Sen. Stevens on July 18, 2007, in which she wrote that "Our concern with the FCC’s indecency regime is that it is vague and shifting. This creates the effect of turning down the thermostat on free speech, chilling artists and broadcasters. What is acceptable today may not be acceptable tomorrow. The FCC has also made clear that its determinations will be based on a ``contextual´´ analysis rather than any clear rules. This merely adds to the confusion and increases the chill on speech."

She continued that "The FCC's vague indecency standard breeds uncertainty and chills free speech. Furthermore, it is unnecessary for the FCC to enforce indecency standards. The actual number of programs drawing complaints has decreased, and parents now have the tools to protect their children from objectionable content. Finally, the FCC’s authority to regulate indecency is on shaky constitutional grounds."

FCC Chairman Kevin Martin, who recommended Congressional legislation after the Court of Appeals' June 4 opinion, stated in a release on July 19 that "I appreciate the actions by the Senate Committee on Science, Commerce and Transportation, which affirmed the Commission’s ability to protect our children from indecent language and images on television and radio. Significantly, members of Congress stated once again what we on the Commission and every parent already knows; even a single word or image can indeed be indecent."

7/19. Senate Commerce Committee (SCC) approved  S 1769 [LOC | WW], the "Same Number Act of 2007", a bill pertaining to number portability.

Sen. Ted Stevens (R-AK) and Sen. Daniel Inouye (D-HI) introduced this bill on July 11, 2007.

Sen. Stevens stated in a release that "Many consumers prefer to take their current number when switching to a new provider, but if this process is burdensome or slow, it may deter consumers from changing services".

He added that "Congress must ensure that consumers are not hampered by delays or protracted procedures which arise from switching to new providers. This legislation would require the FCC to revisit its number portability rules and extend them to all applicable voice communications services."

The bill would require the Federal Communications Commission (FCC) to write rules within 270 days that "identify classes of ports", "where appropriate, establish expeditious time frames for each class of port, which may include timeframes for different stages of the porting", "establish requirements governing the exchange of data between voice service providers in connection with porting a number, including any limits on customer validation fields or other data fields that may be required by voice service providers", and "encourage the reasonable automation of the porting process".

The requirements of this bill would apply to "a telecommunications service" and to "any service that is not a telecommunications service, but that otherwise is an IP-enabled voice service as defined in section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as those regulations may be amended by the Commission from time to time".

7/19. Senate Commerce Committee (SCC) amended and approved S 1492 [LOC | WW], the "Broadband Data Improvement Act". See, amendment in the nature of a substitute [16 pages in PDF].

Sen. Daniel Inouye (D-HI), the Chairman of the SCC, and others introduced this bill on May 24, 2007.

The bill would require the Federal Communications Commission (FCC) to revisit its definitions, and how it collects data, pertaining to broadband internet access services.

Broadband service providers have argued that there is significant and increasing competition in the provision of broadband services, and cited periodic FCC reports to support their claims.

Critics have argued that the FCC's data is deficient, and results in overstating the availability of broadband services and competition between providers.

For example, Gigi Sohn, head of the Public Knowledge, stated in a release that the FCC's "methods for collecting information about the availability of high-speed Internet services in the United States are woefully inaccurate and incomplete. In order to begin to fashion a new policy, we must have better data."

Sohn added that "This legislation will go a long way to taking the important step of giving policymakers accurate information that is needed if the United States is to raise its standing in the world rankings for the availability of broadband service. We look forward to action on the bill by the full Senate."

On July 17, 2007, Kyle McSlarrow, head of the National Cable & Telecommunications Association (NCTA), sent a letter to Sen. Inouye expressing support for S 1492. He stated that "The cable industry believes that improving federal data collection and dissemination regarding where broadband services have been deployed in the United States is necessary in order to achieve the goal of ubiquitous broadband availability for all Americans."

Walter McCormick, head of the USTelecom, stated in a release after the markup that "We appreciate the committee's dedication to developing more accurate broadband deployment data. USTelecom and its member companies share the Senators' commitment to broadband deployment and we support elements of the bill, particularly the Connected Nation provisions, which address deployment issues using a model proven to be successful at the state level. We appreciate the committee's changes and will continue to work with members of the committee and the staff as the bill moves forward."

7/18. Carlos Gutierrez, the Secretary of Commerce), John Kneuer, head of the National Telecommunications and Information Administration (NTIA), and Michael Chertoff, Secretary of Homeland Security, held a news conference regarding $968 Million in Public Safety Interoperable Communications (PSIC) grants to be awarded by September 30, 2007. Applications by states, territories and the District of Columbia may be due by August 19, 2007.

Gutierrez stated that "Today we are announcing a nearly $1 billion Public Safety Interoperable Communications Grant Program authorized by Congress. These are targeted federal grants, specifically designated by Congress to fund interoperability. The purpose is to help state and local public safety agencies fill interoperability gaps and enhance their ability to communicate when responding to hazards." See, transcript.

The Congress created this grant program in the Digital Television Transition and Public Safety Act of 2005, which was Title III of the Deficit Reduction Act of 2005, which is now Public Law No. 109-459.

Sen. Ted Stevens (R-AK), the ranking Republican on the Senate Commerce Committee (SCC), stated in a release that "Congress has increasingly heard from public safety officials that the police, firefighters and emergency medical response personnel throughout the country need help achieving interoperability in today’s communications world ... These funds will play a vital role in improving emergency services in Alaska and across America."

See also, Department of Homeland Security (DHS) release and release. See also, Department of Commerce (DOC) release.

The NTIA released a draft of a notice [8 pages in PDF] to be published in the Federal Register that states that applications for grants are due "no later than 11:59 p.m. Eastern Daylight Time 30 days after publication in the Federal Register". This notice was not published as of the July 19, 2007, issue of the Federal Register. The NTIA web states that this notice will be published on July 20. 30 days after July 20 is Sunday, August 19.

7/18. The Government Accountability Office (GAO) released a report [26 pages in PDF] titled "Information Technology: VA and DOD Are Making Progress in Sharing Medical Information, but Remain Far from Having Comprehensive Electronic Medical Records".

The report states that the Veterans Administration (VA) and Department of Defense (DOD) "have been pursuing ways to share data in their health information systems and create comprehensive electronic medical records since 1998", but that they "have faced considerable challenges, leading to repeated changes in the focus of their initiatives and target dates".

It continues that while the VA and DOD "have made progress ... much work remains to achieve the goal of a shared electronic medical record and seamless transition between the two departments."

The report states that "In the long-term project to develop modernized health information systems, the departments have begun to implement the first release of the interface between their modernized data repositories, and computable outpatient pharmacy and drug allergy data are being exchanged at seven VA and DOD sites. However, significant work remains including agreeing to standards for the remaining categories of medical information and populating the data repositories with all this information."

It adds that the "VA and DOD are achieving exchanges of health information. However, these exchanges are as yet limited, and it is not clear how they are to be integrated into an overall strategy toward achieving the departments' long-term goal of comprehensive, seamless exchange of health information."

7/19. Federal Communications Commission (FCC) Commissioner Jonathan Adelstein named Renée Crittendon to be his Legal Advisor for spectrum and international issues. She has worked for the FCC since 2001, most recently as Deputy Bureau Chief in the Wireline Competition Bureau (WCB). She has also worked for Prism Communication Services, Inc., Piper & Marbury (which is now DLA Piper) and Leventhal Senter & Lerman. See, release [PDF].

7/18. President Bush named Craig Morford to be acting Deputy Attorney General (DAG). He will replace the outgoing DAG, Paul McNulty. Morford is the U.S. Attorney for the Middle District of Tennessee. See, DOJ release and White House release.

7/18. President Bush nominated Robert Dow to be a Judge of the U.S. District Court for the Northern District of Illinois. See, White House release.

7/18. The Children's Food and Beverage Advertising Initiative of the Council of Better Business Bureaus (CBBB) announced at an event hosted by the Federal Trade Commission (FTC) titled "Weighing In: A Check-Up on Marketing, Self-Regulation, and Childhood Obesity" that 11 companies have pledged to focus their advertising primarily directed to children under age 12 on products meeting "better-for-you standards" or refrain from advertising to that age group. See, CBBB release [PDF] and FTC event agenda [PDF]. Federal Communications Commission (FCC) Commissioner Deborah Tate stated in a release [PDF] that "This is an admirable step in the right direction. Hopefully, others, including members of the Task Force on Media and Childhood Obesity, will follow their example and take even further measures to positively impact childhood obesity."

7/17. The United States-Central Asian Council on Trade and Investment, which was established by the U.S. Central Asian Trade and Investment Framework Agreement, held its third annual meeting. The Office of the U.S. Trade Representative (OUSTR) issued a release that states that the meeting covered "barriers to doing business, trade liberalization and the WTO, and protection of intellectual property rights".

The House will meet at 10:00 AM for legislative business. It will consider HR 3043 [LOC | WW], the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008. See, Rep. Hoyer's weekly calendar [PDF].

The Senate will meet at 10:00 AM. It will resume consideration of HR 2669 [LOC | WW], the Higher Education Reconciliation Act.

9:30 AM. The Senate Banking Committee will hold a hearing titled "The Second Monetary Policy Report to the Congress for 2007". The witness will be Ben Bernanke, Chairman of the Federal Reserve Board. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again includes consideration of S 1145 [LOC | WW], the "Patent Reform Act of 2007". It also includes consideration of the nominations of William Osteen (to be a Judge of the U.S. District Court for the Middle District of North Carolina), Martin Karl Reidinger (USDC, WD North Carolina), Timothy DeGiusti (USDC, WD Oklahoma), Janis Lynn Sammartino (USDC, SD California), and Roslynn Mauskopf (USDC, EDNY). The SJC rarely follows its published agenda. See, notice. Location: Room 226, Dirksen Building.

2:00 PM. The House Judiciary Committee's (HJC) Antitrust Task Force will hold a hearing titled "Credit Card Interchange Fees". See, notice. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up numerous bills, including S 1492 [LOC | WW], the "Broadband Data Improvement Act", S 1769 [LOC | WW], the "Same Number Act of 2007", and S 1780 [LOC | WW], the "Protecting Children from Indecent Programming Act". Location: Room 253, Russell Building.

2:45 PM. The Senate Judiciary Committee (SJC) will hold a hearing on several judicial nominees, including Jennifer Elrod (to be a Judge of the U.S. Court of Appeals for the 5th Circuit), Richard Jones (U.S. District Court for the Western District of Washington), and Sharion Aycock (U.S.D.C., Northern District of Mississippi). See, notice. Location: Room 226, Dirksen Building.

Day one of a two day conference titled "Identity and Access Management in Government Conference". At 3:30 PM Hugo Tuefel (Chief Privacy Officer of the Department of Homeland Security) will participate on a panel titled "Ensuring Privacy and Management of Data". Location: Four Points by Sheraton, 1201 K St., NW.

4:30 PM. Google will hold its quarterly conference call to discuss second quarter 2007 financial results at 1:30 PM Pacific Time and 4:30 PM Eastern Time. See, release.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Antitrust Investigations: Tactical and Ethical Issues". The speakers will be Ray Hartwell (Hunton & Williams), Kathryn Fenton (Jones Day), Donald Klawiter (Morgan Lewis & Bockius), James Fredricks (DOJ Antitrust Division). See, notice. For more information, call 202-626-3488. The price to attend ranges from $80-$115. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Rep. Hoyer's weekly calendar [PDF] states that "no votes are expected in the House".

9:30 AM - 12:00 NOON. The Center for Democracy and Technology (CDT) and the Federal Trade Commission (FTC) will host an exhibit event titled "Safe Computing Town Hall Open House". For more information, contact Tim Lordan or Danielle Yates at 202-638-4370. Location: Room HC-8, Capitol Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Legislative Committee will host a brown bag lunch titled "House, Senate and FCC Ethics Rules". For more information, contact Paula Timmons at paula dot timmons at mycingular dot blackberry dot net. Location: National Association of Broadcasters, 1771 N St., NW.

2:00 - 3:00 PM. The Cato Institute will host a panel discussion titled "Funding the REAL ID Act: Improved Homeland Security or More Washington Waste?". The speakers will be David Williams (Citizens Against Government Waste), Andrew Moylan (National Taxpayers Union), and Jim Harper (Cato). See, notice and registration page. Location: Room 342, Dirksen Building.

Effective date of the Federal Communications Commission's (FCC) rules changes that implement The Broadcast Decency Enforcement Act of 2005 (Public Law No. 109-235), which increases the maximum forfeiture penalties for obscene, indecent, and profane broadcasts from $32,500 to $325,000. This item is FCC 07-94. The FCC adopted its on May 17, 2007, and released it on June 1, 2007. See also, notice in the Federal Register, June 20, 2007, Vol. 72, No. 118, at Pages 33913-33914.

10:00 AM - 5:00 PM. Day one of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

12:00 NOON - 1:45 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Internet Protocol and Broadband Technology -- Working for Public Safety". The speakers will be Rob Atkinson (ITIF), Jon Peha (Carnegie Mellon University), Steve Correll (National Law Enforcement Telecommunication System), James Craige (Alexandria, Virginia Police Department), Mark Grady (Indiana 911 Project), Dean Hairston (Danville, Virginia Police Department), and Robert LeGrande (District of Columbia). Lunch will be served. See, registration page. Location: Room 1205, Rayburn Building.

12:30 PM. Mel Karmazian (CEO of Sirius Satellite Radio) will give a speech. Location: Ballroom, National Press Club, 13th floor, 529 14th St., NW.

8:30 - 10:30 AM. The Copyright Alliance (CA) will host an event titled "Creators and Innovators: Advancing Consumer Interests in the Digital Age". The speakers will include Sen. Gordon Smith (R-OR), Chairman of the Senate Republican High Tech Task Force. Patrick Ross (CA) will moderate. For more information, contact Gayle Osterberg at 202-669-0689 or gayle at 133publicaffairs dot com. Breakfast will be served at 8:00 AM. Location: Room HC-6, Capitol Building.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Oversight of the Federal Communications Commission -- Part 2". Location: Room 2123, Rayburn Building.

9:30 AM. The Senate Judiciary Committee (SJC) will hold an oversight hearing on the Department of Justice (DOJ). Location: Room 216, Hart Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Protecting Children on the Internet". See, notice. Location: Room 253, Russell Building.

10:00 AM - 5:00 PM. Day two of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Broadband Changed My Life: Benefits for Seniors and People with Disabilities". The speakers will be Joy Howell (APT) and Jenifer Simpson (American Association of People with Disabilities). RSVP to apt at apt dot org or 202-263-2970. Location: Benton Foundation, 11th Floor, 1625 K St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "The ABCs or IP: A Primer on Patent, Copyright, and Trademark Law". The speakers will be Janet Fries (Drinker Biddle & Reath, on copyright), Steven Warner (Fitzpatrick Cella Harper & Scinto, on patent), Gary Krugman (Sughrue Mion, on trademark), and Maureen Browne (Heller Ehrman, moderator). See, notice. For more information, call 202-626-3463. The price to attend ranges from $10-$15. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold an oversight hearing titled "Privacy in the Hands of the Government: The Privacy and Civil Liberties Oversight Board and the Privacy Officer for the U.S. Department of Homeland Security". The members of the Privacy and Civil Liberties Oversight Board (PCLOB) are Carol Dinkins, Alan Charles Raul, Ted Olson, and Francis Taylor. The head of the Department of Homeland Security's (DHS) Privacy Office is Hugo Teufel. See, notice. Location: Room 2237, Rayburn Building.

Deadline to submit responses or oppositions to the Federal Communications Commission (FCC) regarding its review of the proposed merger of XM Satellite Radio Holdings and Sirius Satellite Radio. See, Public Notice [5 pages in PDF] (DA 07-2417).

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will meet. See, notice in the Federal Register: July 6, 2007, Vol. 72, No. 129, at Page 36955. The agenda includes elections, "INFOSEC TWG Briefing", "IPMI and Remote Server Management", "MIMO Technology Overview", "Aggregation Technology", "Commercial Encryption Issues", "Introduction of (DRAFT) ISTAC Proposals for Wassenaar Arrangement 2008 List Review", and "Discussion: Comprehensive Review of Commerce Control List". Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM - 5:00 PM. Day three of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade and Tourism will hold a hearing titled "U.S. Trade Relations with China". See, notice. Location: Room 253, Russell Building.

11:00 AM. The Cato Institute will host a panel discussion titled "America's High-Stakes Response to the WTO Internet Gambling Dispute". The speakers will be Mark Mendel (counsel for Antigua and Barbuda), John Jackson (Georgetown University Law Center), and Sallie James (Cato). See, notice. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Cathy Hilke at chilke at wileyrein dot com. Location: Firefly, 1310 New Hampshire Ave., NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will hold a closed meeting. See, notice in the Federal Register: July 6, 2007, Vol. 72, No. 129, at Page 36955. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 AM - 12:45 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Legal Cybersleuth's Guide to Investigative Research". The speakers will be Carole Levitt and Mark Rosch of Internet For Lawyers" . See, notice. For more information, call 202-626-3488. The price to attend ranges from $80-$115. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "The Globalization of R&D and Innovation, Pt. II: The University Response". The witnesses will be David Skorton (Cornell University), Philip Altbach (Boston College), Gary Schuster (Georgia Institute of Technology), and Mark Wessel (Heinz School of Public Policy and Management). Press contact: Alisha Prather at alisha dot prather at mail dot house dot gov or 202-225-6375, or Brandis Griffith at brandis dot griffith at mail dot house dot gov. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Preparing Consumers for the Digital Television Transition". See, notice. Location: Room 253, Russell Building.

10:00 AM - 5:00 PM. Day four of a four day hearing of the Copyright Office (CO) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, notice in the Federal Register, May 23, 2007, Vol. 72, No. 99, at Pages 28998-29000. Location: Copyright Office Hearing Room, 4th Floor, Madison Building, 101 Independence Ave., SE.

1:45 - 5:00 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "An A to Z Guide to Tech Tools, Terms & Tips for Lawyers". The speakers will be Carole Levitt and Mark Rosch of Internet For Lawyers" . See, notice. For more information, call 202-626-3488. The price to attend ranges from $80-$115. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

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