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August 31, 2007, Alert No. 1,632.
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DOJ Reports that Final Judgments Against Microsoft Have Achieved Their Goals

8/30. The Department of Justice's (DOJ) Antitrust Division and some state Attorneys General filed a pleading titled "Review of the Final Judgments by the United States and New York Group" with the U.S. District Court (DC) in U.S. v. Microsoft.

The DOJ and several state AGs stated that the purpose of the final judgments was to "eliminate Microsoft's illegal practices, to prevent recurrence of the same or similar practices and to restore the competitive threat that middleware products posed prior to Microsoft's unlawful conduct", and that "the Final Judgments have achieved these goals".

They added that "the Final Judgments have safeguarded the ability of software developers to develop, distribute, and promote competing middleware products".

Thomas BarnettThomas Barnett (at left), the Assistant Attorney General in charge of the Antitrust Division, stated in a release that "The Antitrust Division has made enforcement of the final judgments an important priority and will continue to vigorously enforce the antitrust laws in computer software markets".

The DOJ's filing elaborated that "Since the entry of the Final Judgments, there have been a number of developments in the competitive landscape relating to middleware and to PC operating systems generally that suggest that the Final Judgments are accomplishing their stated goal of fostering competitive conditions among middleware products, unimpeded by anticompetitive exclusionary obstacles erected by Microsoft."

It continued that "Microsoft's Internet Explorer web browser faces renewed competition, primarily from Firefox but also from a range of other products including Opera and Apple's Safari browser. All of these competing browsers are cross-platform and therefore allow applications delivered over the Internet, either directly via the browser or as browser ``plugins,´´ to work on multiple operating systems."

"Increasingly", the DOJ stated, "web content is delivered through cross-platform browser plug-ins such as Adobe's Flash and Apple's QuickTime. Flash in particular has rapidly become a popular vehicle for delivering multimedia content on websites such as YouTube. Both technologies enable streaming of audio-video content over the web to multiple web browsers on multiple operating systems. Apple's iTunes software has also become enormously popular on Windows, competing with Microsoft's media middleware; a number of other media players, including those from Real and Yahoo, also provide Microsoft with substantial competition." (Footnote omitted.)

The DOJ filed its action against Microsoft in 1998. It is D.C. No. 98-98-1232. There is also a parallel action brought by numerous states. It is D.C. No. 98-1233.

Some, but not all, of the states that are a party to the states' antitrust action against Microsoft joined in the DOJ's report.

The state of California and several other states filed a pleading [21 pages in PDF] in which they argued that "Microsoft's market power remains undiminished and that key provisions of the Final Judgment -- those relating to middleware -- have had little or no competitively significant impact."

These states wrote that "the Final Judgment clearly has had little or no discernible impact in the marketplace as measured by the most commonly used metric -- market shares. In the market at the heart of the case -- Intel-compatible PC operating systems -- Microsoft’s share has remained persistently high at supra-monopoly levels. Microsoft’s share of this market has stayed within a narrow range, from 93% in 1991 to 92% in 2006." (Footnotes omitted.)

They added that "The other product of principal focus at the liability trial was web browsers. Largely due to the success of Mozilla's Firefox web browser, Microsoft’s usage share has slipped from 95% in 2002 to 85% in 2006 -- still well above monopoly levels."

Microsoft submitted a pleading [12 pages in PDF] titled "Microsoft's Report Concerning Final Judgments" that responds to the California group of state AGs.

Microsoft countered that diminishing Microsoft's market share "was not the objective of the Final Judgments and should not be the standard by which the effectiveness of the Final Judgments is assessed."

Microsoft elaborated that it "did not achieve its position in the PC operating systems market unlawfully; rather, the Court found that Microsoft maintained that position by specific anticompetitive means. Having prohibited Microsoft from further employing those or similar means, and having created mechanisms to facilitate competition with Microsoft, the Final Judgments created an environment in which market forces can determine the relative success and thus the market shares of participants. Measured by that standard, the Final Judgments have been a success."

See also, Microsoft's exhibit [44 pages in PDF] and exhibit [45 pages in PDF].

Most of the provisions of the final judgments in these actions expire in November of this year. Although, the protocol licensing provisions of the final judgments have been extended through November of 2009.

The U.S. District Court, Judge Colleen Kotelly presiding, is scheduled to hold a status conference on September 11, 2007.

FCC Fines Wireless Carriers For Tardy Location Tracking Capabilities

8/30. The Federal Communications Commission (FCC) fined three wireless carriers for not meeting the FCC's handset location identification requirements. The FCC mandated that 95% of subscribers' handsets be location capable by December 31, 2005.

The Notice of Apparent Liability for Forfeiture (NALF) [10 pages in PDF] affecting Sprint Nextel fines it $1,325,000. The NALF states that 81.3 percent of Sprint Nextel's subscribers' handsets were location capable at the end of 2005, and that Nextel Partners' rate was lower.

The NALF [PDF] affecting Alltel states that it achieved a location tracking rate of 84 percent. The NALF fines it $1,000,000. The NALF [8 pages in PDF] affecting US Cellular fines it $500,000.

See also, FCC release [PDF], and statement [PDF] by FCC Chairman Kevin Martin. These FCC documents emphasize to public safety uses of wireless location information.

Location determination capabilities in communications and information technology devices also promote other FCC goals, including facilitating location based advertising, location based social networking, aggregation and incorporation of location data into electronic databases, and surveillance.

On May 31, 2007, the FCC concluded that location obligations also extend to interconnected voice over internet protocol (VOIP) services. That item also sets standards for location accuracy. See, story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

Court of Appeals Vacates $11 Million Damage Award Against Spamhaus

8/30. The U.S. Court of Appeals (7thCir) issued its opinion in e360 Insight v. Spamhaus Project, affirming the entry of default against Spamhaus, but vacating the $11,715,000 judgment and injunction against Spamhaus.

While this is an action involving various tort theories for wrongful listing by a spam blacklister of an e-mail marketing company, the issues in this case all pertain to civil procedure -- service of process, entry of default, remedies following default, and setting aside of default judgments.

Spamhaus Project is a United Kingdom company that publishes a list of internet protocol (IP) addresses of spammers that internet service providers (ISPs) can use as part of their efforts to block spam e-mail. Spamhaus blacklisted e360 Insight, LLC, an e-mail marketing company based in the state of Illinois.

e360 filed a complaint [PDF] in state court in Illinois against Spamhaus alleging tortious interference with contractual relations, tortious interference with prospective economic advantage, defamation per se and defamation quod. e360 sought compensatory and punitive damages, and an injunctive requiring Spamhaus to remove e360 from its blacklist. Spamhaus removed the action to the U.S. District Court (NDIll). Spamhaus filed an answer [PDF].

However, Spamhaus then withdrew its answer, and its counsel withdrew from representation of it. e360 then filed a motion [PDF] for default judgment and permanent injunction. The District Court granted the motion. e360 then obtained a judgment [PDF]  in the amount of $11,715,000, plus costs, and a permanent injunction.

Spamhaus then returned to court with new counsel and sought to set aside the judgment, pursuant to Rule 60, Federal Rules of Civil Procedure. The District Court denied the motion.

Spamhaus brought the present appeal. See, Spamhaus's brief [PDF] and e360's brief [PDF].

The Court of Appeals affirmed the District Court's entry of the default judgment. However, it vacated the award of damages and injunctive relief and remanded to the District Court for further proceedings. It held that the District Court failed to undertake an inquiry into the proof of damages and the necessity of injunctive relief and issued an injunction that is overbroad.

e360's wrote in a May 20, 2007, release that "E360's position is that Spamhaus.org is a fanatical, vigilante organization operating in the United States with blatant disregard for U.S. law. In addition, E360 has proven Spamhaus routinely exposes their customers and volunteers to extreme legal risk by continuing to engage in improper blacklisting, defamation, extortion and blackmail in the name of fighting spam."

See also, e360 web page with hyperlinks to pleadings, and e360 web page with hyperlinks to other releases regarding this litigation.

This case is e360 Insight LLC v. Spamhaus Project, U.S. Court of Appeals for the 7th Circuit, App. Ct. Nos. 06-3779 and 06-4169, appeals from the U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 06 C 3958, Judge Charles Kocoras presiding. Judge Ripple wrote the opinion of the Court of Appeals, in which Judges Kane and Evans joined.

Sen. Whitehouse and Sen. Leahy Sponsor Bill to Limit Contacts Between White House and DOJ

8/30. The Senate Judiciary Committee (SJC) announced in the agenda for its executive business meeting to be held on Thursday, September 6, 2007, that it may again attempt to mark up S 1845 [LOC | WW], an untitled bill that would limit communications between the staffs of the White House and the Department of Justice (DOJ).

This bill, if enacted by the Congress, and not vetoed by the President, would prevent White House staff from communicating with employees of the DOJ regarding any "ongoing investigation conducted" by the DOJ.

The bill does nothing to limit communications between Senators, Representatives, or Congressional staff and DOJ staff regarding ongoing investigations of the DOJ.

The bill would provide exceptions for communications between the President, Vice President, Counsel to the President, or Counselor to the President , and the Attorney General, Deputy Attorney General, or Associate Attorney General. The bill would also provide exceptions for communications where both parties are exempted by designation. This would apply to persons on the White House staff designated by the President, and persons employed by the DOJ designated by the Attorney General, provided that the President and Attorney General provide a written "explanation of the necessity of that designation" to the Senate and House Judiciary Committees.

The bill provides that both parties to the communication must be exempted. Thus, the President could not communicate with most officers of the DOJ regarding ongoing investigations without first giving the requisite notice to Congressional Committees.

The bill is silent regarding the codification of these provisions. It contains nothing regarding administrative enforcement, who can bring an action for its violation, and what remedies are available. The bill is silent as to whether the notices of designations would be made public, or be subject to production under the federal Freedom of Information Act (FOIA) request.

The Constitution provides that "executive Power shall be vested in a President", who "shall take Care that the Laws be faithfully executed". This bill may constitute an attempt to statutorily limit the exercise of a power by the executive that the Constitution has conferred upon the executive.

Sen. Sheldon Whitehouse (D-RI) introduced this bill on July 23, 2007. The only cosponsor is Sen. Patrick Leahy (D-VT). Both are members of the SJC, which has jurisdiction over the bill.

Sen. Whitehouse stated in an August 27, 2007, release regarding the resignation of Alberto Gonzales that "a great deal of work remains to be done to restore Americans’ confidence in this great Department, to restore its traditions and spirit, and to restore its ability to fairly and dispassionately enforce the law."

This bill was also on the agenda for the SJC's business meeting of Thursday, August 2, 2007.

More News

8/30. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets comments deadlines for the Further Notice of Proposed Rulemaking (FNPRM) portion of its Report and Order (R&O) and FNRPM regarding the roaming obligations of CRMS providers. The FNPRM asks whether the FCC should extend roaming obligations to broadband data services. Initial comments are due by October 29, 2007; reply comments are due by November 28, 2007. The FCC adopted this item on August 7, 2007, and released the text on August 16, 2007. It is FCC 07-143 in WT Docket No. 05-265. See, Federal Register, August 30, 2007, Vol. 72, No. 168, at Pages 50085-50095. See also, story titled "FCC Adopts CMRS Roaming Order and NPRM" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2007. The FCC also published a separate notice in the Federal Register that announces, describes, and sets the effective date (October 29, 2007) for the R&O portion of this item, in which the FCC determined that CMRS carriers have roaming obligations as to Title II services. See, Federal Register, August 30, 2007, Vol. 72, No. 168, at Pages 50064-50074.

8/29. The Center for Public Integrity (CPI) issued a release regarding the District Court's Memorandum Opinion [18 pages in PDF] in Center for Public Integrity v. FCC. The U.S. District Court (DC) held on August 27, 2007, that the contents of Forms 477, submitted to the Federal Communications Commission (FCC), are exempt from production by the FCC in response to a request made pursuant to the Freedom of Information Act (FOIA), which is codified at 5 U.S.C. § 552. Peter Smith, the CPI's legal counsel, stated in the release that the CPI "is considering its legal options, including an appeal or a motion for Judge Huvelle to reconsider her decision". See also, story titled "District Court Grants Summary Judgment to FCC in Broadband Data FOIA Case" in TLJ Daily E-Mail Alert No. 1,629, August 28, 2007.

Washington Tech Calendar
New items are highlighted in red.
Friday, August 31

The House will not meet due to the August District Work Period. See, House 2007 calendar. The House will next meet at 2:00 PM on September 4, 2007.

The Senate will not meet due to the August District Work Period. The Senate will next meet at 1:00 PM on September 4. See, Senate 2007 calendar.

1:00 PM. The U.S. Chamber of Commerce will host an event titled "press briefing on the upcoming Asia-Pacific Economic Cooperation (APEC) meetings and the broader trade agenda". Press contact: press at uschamber dot com or 202-463-5682. Location: U.S. Chamber, 1615 H St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response its Public Notice [32 pages in PDF] regarding the competitive bidding procedures for the 700 MHz band auction. The FCC released the Public Notice on August 17, 2007. It is DA 07-3415 in AU Docket No. 07-157. This auction is Auction No. 73. It is scheduled to commence on January 16, 2008. See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48272-48285. See also, story titled "FCC Adopts 700 MHz Band Order" in TLJ Daily E-Mail Alert No. 1,619, July 31, 2007, and story titled "FCC Sets Date for 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,624, August, 20, 2007.

Saturday, September 1

Deadline to submit Form 477, titled "Local Telephone Competition and Broadband Reporting", to the Federal Communications Commission (FCC). See, Form 477 [MS Excel] and FCC document [17 pages in PDF] titled "Instructions for Local Telephone Competition and Broadband Reporting Form (FCC Form 477)".

Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for membership on the Patent Public Advisory Committee (PPAC) or Trademark Public Advisory Committee (TPAC). See, notice in the Federal Register, June 20, 2007, Vol. 72, No. 118, at Pages 33981-33982.

Monday, September 3

Labor Day. The Federal Communications Commission (FCC) and other federal offices will be closed. See, Office of Personnel Management's (OPM) list of federal holidays and 5 U.S.C. § 6103. The National Press Club will be closed.

5:00 PM. Deadline to submit prepared testimony to the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Deemed Export Advisory Committee (DEAC) for the DEAC's meeting of September 10, 2007. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Page 46035.

Tuesday, September 4

The House will return from its August recess at 2:00 PM. See, House 2007 calendar.

The Senate will return from its August recess at 1:00 PM. It will begin consideration of HR 2642 [LOC | WW], the Military Construction and Veterans Affairs Appropriations bill, Fiscal Year 2008. See, Senate 2007 calendar.

9:00 AM - 5:00 PM. Day one of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). Section 508 of the Rehabilitation Act of 1973, as amended, provides at 29 U.S.C. § 794d that each federal agency "developing, procuring, maintaining, or using electronic and information technology" must provide comparable access to disabled federal employees, and to disabled members of the public who have access to and use of information and data of that agency; it further provides that each agency must comply with disability access regulations written by the ATBCB. See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48252-48253. For more information, contact Timothy Creagan at 202-272-0016 or creagan at access dash board dot gov. Location: National Science Foundation, Room 555, 4121 Wilson Boulevard, Stafford Place II, Arlington, VA.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Maurice Mitchell Innovations LP v. Intel Corporation, App. Ct. No. 2007-1108, an appeal from the U.S. District Court (EDTex), D.C. No. 2:04-CV-450, a patent case. Location: Courtroom 201, 717 Madison Place, NW.

Deadline to submit comments to the Copyright Office (CO) regarding it interim rules pertaining to online registration of claims to copyright and recording of documents pertaining to copyright. See, notice in the Federal Register, July 6, 2007, Vol. 72, No. 129, at Pages 36883-36889.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding whether to license Vehicle-Mounted Earth Stations as an application of the Fixed-Satellite Service in the conventional and extended Ku-band frequencies. The FCC adopted this NPRM on May 9, 2007 and released the text on May 15, 2007. This item is FCC 07-86 in IB Docket No. 07-101. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39357-39370.

EXTENDED TO SEPTEMBER 11. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding Section 612 of the Communications Act, which is codified at 47 U.S.C. § 532, which requires cable operators to set aside channel capacity for commercial use by video programmers unaffiliated with the operator, and Section 616 of the Communications Act, which is codified at 47 U.S.C. § 536, which prohibits a cable operator or other multichannel video programming distributor (MVPD) from requiring a financial interest in any program service as a condition for carriage of such service, from coercing a programmer to grant exclusive carriage rights, or from engaging in conduct that unreasonably restrains the ability of an unaffiliated programming vendor to compete fairly by discriminating against such vendor on the basis of affiliation or nonaffiliation. The FCC adopted this item on March 2, 2007, and released the text on June 15, 2007. This NPRM is FCC 07-18 in MB Docket No. 07-42. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39370-39377. See also, Public Notice [PDF] (DA 07-3736) extending comment deadlines.

Deadline to submit comments to the Department of Agriculture's Rural Utilities Service (RUS) regarding its proposed changes to its rules governing its Community Connect Broadband Grant Program. See, notice in the Federal Register, August 3, 2007, Vol. 72, No. 149, at Page 43199.

Wednesday, September 5

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Digeo, Inc. v. Audible, Inc., App. Ct. No. 2007-1133, an appeal from the U.S. District Court (WDWash), D.C. No. C05-464JLR, a patent case involving digital music. Location: Courtroom 201, 717 Madison Place, NW.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Hearing on Warrantless Surveillance and the Foreign Intelligence Surveillance Act: The Role of Checks and Balances in Protecting Americans’ Privacy Rights". See, notice. Location: Room 2141, Rayburn Building.

Federal Communications Commission's (FCC) self imposed deadline to conclude its rulemaking and release an order in its video franchising proceeding. See, Report and Order and Further Notice of Proposed Rulemaking [109 pages in PDF], at ¶ 140. This item is FCC 06-180 in MB Docket 05-311. This FNPRM pertains to extending the requirements of the order to incumbent cable operators.

9:00 AM - 5:00 PM. Day two of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48252-48253. For more information, contact Timothy Creagan at 202-272-0016 or creagan at access dash board dot gov. Location: National Science Foundation, Room 555, 4121 Wilson Boulevard, Stafford Place II, Arlington, VA.

Thursday, September 6

8:30 AM - 5:15 PM. Day one of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Computer Security Division (CSD) Update", "NIST Metrics Projects Briefing", "NIST Research Priorities for the Future", "Best Practices in Security at NSA", "Telecommuting Security Issues", "OMB Privacy Update", "Privacy Technology Update", and "ISPAB Work Plan". See, notice in the Federal Register, August 24, 2007, Vol. 72, No. 164, at Page 48619. Location: Room 400, George Washington University Cafritz Conference Center, 800 21st St., NW.

9:30 AM. The U.S. International Trade Commission (USITC) will hold a hearing in its proceeding titled "China: Description of Selected Government Practices and Policies Affecting Decision-making in the Economy". This is Investigation No. 332-492. See, USITC release. Press contact: Peg O'Laughlin at 202-205-1819. Location: USITC, Main Hearing Room, 500 E St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 1845 [LOC | WW], an untitled bill that would limit communications between the staffs of the White House and the Department of Justice (DOJ). The agenda also includes consideration of Richard Jones to be a Judge of the U.S. District Court (WDWash). It also includes consideration of Jennifer Elrod to be a Judge of the U.S. Court of Appeals (5thCir). The SJC frequently fails to obtain a quorum for its meetings. The SJC rarely follows the agendas for its meetings. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Elbex Video, Ltd. v. Sensormatic Electronics Corp., App. Ct. No. 2007-1097, an appeal from the U.S. District Court (SDNY). Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Research Corporation Technologies, Inc. v. Microsoft Corporation, App. Ct. No. 2006-1275, an appeal from the U.S. District Court (DAriz). Location: Courtroom 203, 717 Madison Place, NW.

9:00 AM - 5:00 PM. Day three of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48252-48253. For more information, contact Timothy Creagan at 202-272-0016 or creagan at access dash board dot gov. Location: National Science Foundation, Room 555, 4121 Wilson Boulevard, Stafford Place II, Arlington, VA.

Deadline to submit comments to the Department of Education (DOE) regarding its notice of proposed rulemaking (NPRM) regarding its regulations for the Academic Competitiveness Grant (ACG) and National Science and Mathematics Access to Retain Talent Grant (National SMART Grant) programs. See, notice in the Federal Register, August 7, 2007, Vol. 72, No. 151, at Pages 44050-44065.

Friday, September 7

8:00 AM - 4:15 PM. Day two of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Computer Security Division (CSD) Update", "NIST Metrics Projects Briefing", "NIST Research Priorities for the Future", "Best Practices in Security at NSA", "Telecommuting Security Issues", "OMB Privacy Update", "Privacy Technology Update", and "ISPAB Work Plan". See, notice in the Federal Register, August 24, 2007, Vol. 72, No. 164, at Page 48619. Location: Room 400, George Washington University Cafritz Conference Center, 800 21st St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Systems Division, Inc. v. Teknek, App. Ct. No. 2007-1162. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Architectural and Transportation Barriers Compliance Board will hold meetings on September 5-7, 2007. Its Electronic and Information Technology Ad Hoc Committee will meet on September 7 at 12:00 NOON. See, notice in the Federal Register, August 20, 2007, Vol. 72, No. 160, at Page 46438. Location: Madison Hotel, 1177 15th St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Mass Media Committees will host a brown bag lunch titled "Consumers, Cable Operators, Broadcasters, Who's DTV Transition Is It?". The speakers will be Diane Burstein (NCTA) and David Donovan (Association for Maximum Service Television). For Further Information: Contact William Cook at William_Cook at aporter dot com, Steven Morris at Smorris at NCTA dot com, Jessica Rosenworcel at Jessica_Rosenworcel at commerce dot senate dot gov, or Ryan Wallach at rwallach at willkie dot com. RSVP to Ryan Wallach. Location: Willkie Farr & Gallagher, Suite 200, 1875 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response its Public Notice [32 pages in PDF] regarding the competitive bidding procedures for the 700 MHz band auction. The FCC released the Public Notice on August 17, 2007. It is DA 07-3415 in AU Docket No. 07-157. This auction is Auction No. 73. It is scheduled to commence on January 16, 2008. See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48272-48285. See also, story titled "FCC Adopts 700 MHz Band Order" in TLJ Daily E-Mail Alert No. 1,619, July 31, 2007, and story titled "FCC Sets Date for 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,624, August, 20, 2007.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft Special Publication 800-111 [37 pages in PDF] titled "Guide to Storage Encryption Technologies for End User Devices".

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