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October 1, 2007, Alert No. 1,648.
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Sen. Dorgan Introduces Bill to Prevent Automatic Expiration of Do Not Call Registrations

9/26. Sen. Byron Dorgan (D-ND) and others introduced S 2096 [LOC | WW], the "Do-Not-Call Improvement Act of 2007". This bill would prevent the automatic expiration and removal of numbers from the Do Not Call Registry.

This bill would amend the Do-Not-Call Implementation Act, which was enacted in 2003 to implement a Do Not Call Registry. It is Public Law No. 108-10. It is codified at 15 U.S.C. § 6101 note. Section 3 requires the Federal Communications Commission (FCC) to adopt certain rules. Section 2 authorizes the Federal Trade Commission (FTC) to adopt rules.

The 2003 Act is silent on the subject of automatic expiration. However, the FCC and FTC wrote a five year expiration into their rules.

S 2096 would add to Section 3 the requirement that "Such rule shall not provide any date of expiration for telephone numbers registered on the `do-not-call´ registry, nor for any predetermined time limitation for telephone numbers to remain on the registry.''

S 2096 would also provide that "In issuing regulations regarding the `do-not-call´ registry of the Telemarketing Sales Rule (16 C. F. R. 310.4(b)(1)(iii)), the Federal Trade Commission shall not provide for any date of expiration for telephone numbers registered on the `do-not-call' registry, nor for any predetermined time limitation for telephone numbers to remain on the registry."

Sen. Byron DorganSen. Dorgan (at right) stated in the Senate that "Most Americans are unaware that their registration on the list is set to expire after 5 years. The expiration is unnecessary, most people who initially wanted to be rid of telemarketing calls likely still want to block these calls. The system automatically removes numbers that are disconnected and reassigned."

He added that "The automatic expiration will only create a hassle for Americans as they start receiving calls again and have to go through the process of re-registering. The U.S. Government would have to spend money to let people know they need to sign up again."

Sen. Ted Stevens (R-AK), the lead cosponsor of the bill, stated in a release that "Consumers should not have to mark their calendars every five years to remind them to re-register their numbers on the ‘Do-Not-Call’ list."

The other original cosponsors of the bill are Sen. Charles Schumer (D-NY), Sen. John Ensign (R-NV), Sen. John Kerry (D-MA), Sen. Herb Kohl (D-WI), Sen. Russ Feingold (D-WI), Sen. Hillary Clinton (D-NY), Sen. Dianne Feinstein (D-CA), and Sen. Bill Nelson (D-FL).

The bill was assigned to the Senate Commerce Committee (SCC). Sen. Dorgan and Sen. Stevens are members.

Senate Committee Holds Hearing on Policies Related to Broadband Access

9/26. The Senate Small Business Committee held a hearing titled "Improving Internet Access to Help Small Business Compete in the Global Economy".

Sen. John Kerry (D-MA), the Chairman of the SSBC, wrote in his opening statement that "high-speed Internet access is critical to our economic competitiveness" and a "robust and competitive broadband market is key to an affordable and readily available Internet".

He asserted that the US is "lagging behind the rest of the world" because President Bush has failed to "put policies in place".

Federal Communications Commission (FCC) Commissioner Michael Copps asserted that broadband performance in the US is "lackluster", and that the US needs a "broadband strategy". He added that "Part of our problem is reliance upon duopoly and oligopoly where we should be enjoying vigorous carrier and network competition."

Copps stated in his prepared testimony [PDF] that there is "enormous room to improve our competitive telecommunications policies". He also said that "we need to commit to supporting broadband with the Universal Service Fund".

FCC Commissioner Jonathan Adelstein also called for a "comprehensive national broadband strategy" in his prepared testimony [PDF].

Also, Adelstein, like Copps, said that the US is falling behind the rest of the world. They also complained about the FCC's collection of data on broadband availability.

Ben Scott of the Free Press wrote in his prepared testimony [PDF] that "we are falling behind the world leaders in broadband penetration -- our broadband speeds are comparatively low and prices are high", and that this is "threatening to stunt innovation and endangering our global competitiveness."

One problem, said Scott, is that the FCC is "supporting the entrenched incumbency of telephone and cable companies." He also advocated "transitioning USF programs to broadband", "opening the television white spaces for unlicensed use", "guaranteeing the interconnection of networks on nondiscriminatory terms", and network neutrality mandates.

Scott Wallsten of the Progress & Freedom Foundation (PFF) wrote in his prepared testimony [PDF] that "The sky is not falling."

He wrote that "there is little evidence of a U.S. broadband problem. Telephone, cable, and wireless companies are investing billions in new high-speed infrastructure, and consumers and businesses are adopting broadband at remarkable rates."

He added that "those who believe there is a problem advance proposals that sound appealing, but they fail to provide solid analysis showing that their proposals would actually benefit consumers or small businesses."

Barnett Addresses Benefits and Harms of Increasing Antitrust Enforcement Activity Around World

9/26. Thomas Barnett, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, gave a speech in Washington DC titled "Global Antitrust Enforcement".

He said that the US antitrust agencies, and some other nations' antitrust agencies, "have some differing views and practices when it comes to addressing anticompetitive conduct". Nevertheless, "Given the increasingly international nature of antitrust enforcement, cooperation among antitrust enforcers and convergence in our principles and practices has become imperative."

He said that the presence of multiple antitrust agencies around the world is working best in the area of anti-cartel enforcement, where agencies are "united in a commitment to pursue hard core anticompetitive conduct" and where multiple agencies makes enforcement more effective.

He said that the increasing number of agencies is "mixed news" in the area of merger reviews. On the one hand, "Review by multiple antitrust enforcement authorities can impose significant burdens and costly delays on corporate transactions, as well as heavy and non-productive burdens on the resources of the reviewing agencies themselves."

On the other hand, "consumers in more countries around the world have the potential to benefit from merger reviews that consider whether there is harm to competition in markets that affect their local regions."

Finally, he said that there is less consensus and uniformity around the world on antitrust agencies' actions regarding unilateral conduct.

He did not mention the EU's actions against Microsoft and Intel. However, he said that "firms in the marketplace generally can choose between a strategy of competing on the merits or a strategy of seeking government intervention to slow down their competitors."

He continued that "If it is predictable that losers in the marketplace can become winners because antitrust enforcement agencies and courts will compel access to a competitor's property or prohibit the competitive actions of a big firm, then competitors who cannot win on the merits will find it more desirable to seek government help rather than do the hard work of competing in the marketplace. On the other hand, for firms that do choose to compete, intervention can deter broad categories of vigorous competitive behavior."

3rd Circuit Dismisses as Premature Challenge to FCC's DE Rules

9/28. The U.S. Court of Appeals (3rdCir) issued its opinion [PDF] in Council Tree Communications v. FCC, dismissing a petition for review of the Federal Communications Commission (FCC) orders that contain rules regarding competitive bidding for wireless communications spectrum licenses. The Court of Appeals dismissed the petition as premature.

47 U.S.C. § 309(j)(3) provides that the FCC shall seek to "promot[e] economic opportunity and competition and ensur[e] that new and innovative technologies are readily accessible to the American people by avoiding excessive concentration of licenses and by disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women." These businesses are known as "designated entities" or "DEs".

Council Tree proposed to the FCC in 2005 that it change its bidding rules. The Court of Appeals wrote that Council Tree "sought to prevent abuse of DE benefits by prohibiting those DEs affiliated with large incumbent wireless companies from receiving ``bidding credits´´ at spectrum license auctions. These credits are discounts of 25% or 15% from a DE’s winning bid."

In response, the FCC issued a Further Notice of Proposed Rulemaking (FNPRM). After notice and comment, the FCC issued new rules in a Second Order, which the Court of Appeals summarized as follows: "That Second Order adopted new rules that: (1) take bidding credit eligibility away from DEs that have certain material relationships with other entities; and (2) extend the repayment period to prevent the unjust enrichment of DEs that lose their eligibility after winning a license."

Council Tree then petitioned the FCC for reconsideration of the Second Order. The FCC issued an order on reconsideration that the Court of Appeals wrote "did not expressly grant or deny the petition, but essentially rejected all of the arguments contained therein".

Council Tree filed a petition for review on June 7, 2007, in advance of the FCC's Auction 66 held in August and September of 2006. This was the Advanced Wireless Services 1 (AWS-1) auction of 90 MHz in the 1710-1755 MHz and 2110-2155 MHz bands. Council Tree also sought to stay the effectiveness of the new rules and the AWS-1 auction. However, it filed before the FCC had published its reconsideration order in the Federal Register.

The Court of Appeals concluded that "Petitioners' petition for review is incurably premature because the Second Order is non-final, and the Reconsideration Order had not been published in the Federal Register at the time the petition was filed. Moreover, neither the law of the case doctrine nor the All Writs Act permits us to excuse the prematurity. Accordingly, we lack jurisdiction to reach the merits of Petitioners' challenges to the FCC’s new spectrum licensing rules and Auction 66, and we will dismiss the petition for review."

See also, the FCC's brief.

The CTIA - Wireless Association and T-Mobile USA, Inc. intervened. See, Wireless Association's web page regarding AWS legal activity.

Frontier Wireless stated in a release that "We are pleased that the Third Circuit decision has removed a cloud that hung over the AWS auction and now the Federal Communications Commission can resolve any pending DE (designated entity) questions with the threat of this litigation no longer weighing in the balance."

This case is Council Tree Communications, Inc., et al. v. FCC and USA, U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 06-2943, a petition for review of orders of the FCC. Judge Hardiman wrote the opinion of the Court, in which Judges Chagares and Wallace Tashima, sitting by designation, joined.

FCC Commissioner Jonathan Adelstein commented earlier in the week on DEs in prepared testimony [PDF] for the Senate Small Business Committee's hearing titled "Improving Internet Access to Help Small Business Compete in the Global Economy".

He stated then that "I have been disappointed, however, with the way that the Commission has handled its designated entity (DE) program. The bidding credits made available through this program can be a potent means of getting spectrum into the hands of small businesses and entrepreneurs. Yet, the Commission has missed the chance, time and again, to craft rational DE rules. So, I was again disappointed that, in the 700 MHz proceeding, we lost an opportunity to provide crucial bidding credits to designated entities that wholesale fully built-out network services. I think it is essential that we revisit our policies in this respect to ensure that all bidders have opportunities to bid, particularly where wholesale service is a compelling option for new and diverse providers."

People and Appointments

9/28. Donald Rosenberg was named SVP, General Counsel and Corporate Secretary of Qualcomm. He was previously SVP, General Counsel and Secretary of Apple. See, Qualcomm release. However, he had only been at Apple since November of 2006. Before that, he was a long time employee of IBM. He replaces Lou Lupin at Qualcomm, who resigned in August of this year after presiding over a series of litigation defeats. See, story titled "Lupin Resigns As Qualcomm General Counsel" in TLJ Daily E-Mail Alert No. 1,622, August 14, 2007.

9/28. Daniel Cooperman was named SVP, General Counsel and Secretary of Apple. He was previously SVP, General Counsel and Secretary of Oracle. He replaces Donald Rosenberg., who had been at Apple less than one year. Rosenberg replaced Nancy Heinen, whose departure was associated with the dating of stock option grants. See, Apple release.

9/27. The Senate Judiciary Committee (SJC) approved the nomination of James Dedrick to be the US Attorney for the Eastern District of Tennessee for the term of four years. See, Congressional Record, September 27, 2007, at Page S12287.

9/26. The Senate Rules and Administration Committee approved the nomination of four members of the Federal Election Commission (FEC): Steven Walther (for a term expiring April 30, 2009), Hans von Spakovsky (for a term expiring April 30, 2011), David Mason (for a term expiring April 30, 2009), and Robert Lenhard (for a term expiring April 30, 2011). See, Congressional Record, September 26, 2007, at Page S12141.

9/26. The Senate Homeland Security and Governmental Affairs Committee approved the nomination of Julie Myers to be Assistant Secretary of Homeland Security. See, Congressional Record, September 26, 2007, at Page S12141.

9/24. The Senate Intelligence Committee (SIC) approved the nomination of Donald Kerr to be Principal Deputy Director of National Intelligence. See, Congressional Record, September 24, 2007, at Page S12002.

9/10. Barry Allen joined Providence Equity Partners (PEP). He was previously EVP of Operations at Qwest International. See, PEP release.

9/6. Paul Margie joined the law firm of Harris Wiltshire & Grannis. He was previously Senior Director for Technology Partnerships at the United Nations Foundation. Before that, he was a Legal Advisor to FCC Commissioner Michael Copps. Before that, he worked Sen. Jay Rockefeller (D-WV). See, HWG release [PDF].

More Capitol Hill News

9/28. President Bush signed HR 3375 [LOC | WW], a bill that extends the Trade Adjustment Assistance Program until December 31, 2007. See, White House release.

9/27. The Senate Judiciary Committee (SJC) amended and approved S 980, [LOC | WW] the "Online Pharmacy Consumer Protection Act of 2007". The bill is sponsored by Sen. Dianne Feinstein (D-CA).

9/27. Senate Judiciary Committee (SJC) held over consideration of S 2035, [LOC | WW], the "Free Flow of Information Act of 2007", at its September 27, 2007, executive business meeting.

9/27. The Senate Commerce Committee (SCC) approved S 1965 [LOC | WW], the "Protecting Children in the 21st Century Act", a bill pertaining to child pornography and online predation. See, SCC release. See also, story titled "Senate Commerce Committee Will Mark up Child Online Protection Bill" in TLJ Daily E-Mail Alert No. 1,642, September 22, 2007.

9/27. The Senate Commerce Committee (SCC) postponed consideration of S 1453 [LOC | WW], the "Internet Tax Freedom Act (ITFA) Extension Act of 2007". This is Sen. Tom Carper's (D-DE) bill to extend the moratorium, with numerous exceptions. Sen. Daniel Inouye (D-HI) issued a statement: "I am disappointed that the Commerce Committee was unable to act on legislation to extend the Internet tax moratorium at today’s markup. But after discussions with my colleagues, I believe that further negotiations are warranted. It is my hope that a reasonable compromise can be reached and that the Committee will be able to take swift action in the future." See also, story titled "Senate Commerce Committee Will Mark Up ITFA Extension Bill" in TLJ Daily E-Mail Alert No. 1,642, September 22, 2007. The current moratorium expires on November 1, 2007.

9/27. Rep. John Conyers (D-MI), Rep. Chris Cannon (R-UT), Rep. Rick Boucher (D-VA), and Rep. Trent Franks (R-AZ) introduced HR 3679 [LOC | WW], the "State Video Tax Fairness Act of 2007", a bill to prohibit discrimination in state taxation of multichannel video programming distribution services. It was referred to the House Judiciary Committee (HJC).

9/27. Rep. John Dingell (D-MI), the Chairman of the House Commerce Committee (HCC), commented in a release on Verizon Wireless and text messaging by the National Abortion Rights Action League (NARAL). See, story titled "Verizon Wireless and Net Neutrality Advocates Clash Over Text Messaging" in TLJ Daily E-Mail Alert No. 1,647, September 27, 2007. Rep. Dingell voted in favor of network neutrality mandates in the 109th Congress. He stated on September 27 that "Reports of Verizon's actions raise troubling questions about a network operator's ability to determine what its customers receive and from whom. I am particularly concerned by its ability and apparent willingness to interfere when customers choose to receive legitimate and legal communications from an organization. Further, its latest statement does not identify any substantive change in policy. I ask Verizon to decisively state that it will no longer discriminate against any legal content its customers request from any organization."

9/25. Sen. Russ Feingold (D-WI) and others introduced S 2088 [LOC | WW], the "National Security Reform Act of 2007", a bill pertaining to National Security Letters (NSLs).

9/25. Rep. Pete Hoekstra (R-MI) and Rep. Heather Wilson (R-NM) engaged in a lengthy colloquy in the House late on Tuesday night, September 25, 2007, regarding terrorism, intelligence gathering, and the Foreign Intelligence Surveillance Act (FISA). See, Congressional Record, September 25, 2007, at Pages H10891-96.

9/26. Sen. Sherrod Brown (D-OH) gave a speech in the Senate in support of trade protectionism. He said that the US has a "trade policy that encourages companies to outsource and move overseas. It is time for a trade policy that puts an end to the global exploitation of cheap labor". See, Congressional Record, September 26, 2007, at Pages S12018-9.

Washington Tech Calendar
New items are highlighted in red.
Monday, October 1

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until at least 6:30 PM. See, Rep. Hoyer's calendar.

The Senate will meet at 2:00 PM for morning business. At 3:00 PM, it will resume consideration of HR 1585 [LOC | WW], the Department of Defense authorization bill.

8:30 - 10:00 AM. The Department of Homeland Security's (DHS) National Cyber Security Division (NCSD) and the Federal Trade Commission (FTC) will host an event titled "National Cyber Security Awareness Summit". The speakers will include Greg Garcia (DHS Assistant Secretary for Cyber Security and Communications) and FTC Chairman Deborah Majoras. The teleconference number is #1-800-926-4458. Location: Ballroom, National Press Club, 529 14th St., NW.

9:30 - 10:45 AM. The Information Technology Association of America (ITAA) will host a panel discussion titled "Government Procurement: Continuing Reform or Rolling Back Progress?". For more information, contact Charlie Greenwald at cgreenwald at itaa dot org or 703-284-5305. Breakfast will be served. Location: Zenger Room, National Press Club, 529 14th St., NW.

9:30 AM - 3:40 PM. The American Enterprise Institute (AEI) will host a conference titled "Women and Science". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, original notice in the Federal Register, April 16, 2007, Vol. 72, No. 72, at Pages 19039-19055; technical correction notice in the Federal Register, April 24, 2007, Vol. 72, No. 78, at Page 20374; and notice of extension in the Federal Register, June 19, 2007, Vol. 72, No. 117, at Pages 33776-33777.

Deadline to submit comments to the Department of Transportation's (DOT) Research and Innovative Technology Administration (RITA) regarding user needs and systems requirements of the terrestrial component of the Nationwide Differential Global Positioning System (NDGPS). See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42219-42220.

Deadline to submit applications to the Federal Communications Commission (FCC) for the renewal of state telecommunications relay services (TRS) program certification. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39423-39424.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding planning consumer understanding of the transition to digital television. This NPRM is FCC 07-128 in MB Docket No. 07-148. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46014-46020.

EXTENDED TO OCTOBER 22. Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding ten studies related to government regulation of media ownership. See, FCC Public Notice [4 pages in PDF], which is DA 07-3470 in MB Docket Nos. 06-121 and 02-277, and MM Docket Nos. 01-235, 01-317, and 00-244, and notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540. See also, Public Notice [2 pages in PDF] (DA 07-4097) extending deadlines.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding various proposals to promote minority and female ownership in the media industry. See, notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44457-44466.

Deadline to submit comments to the Federal Bureau of Investigation (FBI) regarding proposed changes to the system of records maintained by the FBI's Terrorist Screening Center (TSC) titled Terrorist Screening Records System (TSRC). See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 47073-47079, and story titled "FBI Announces Changes to Terrorist Screening Records System" in TLJ Daily E-Mail Alert No. 1,627, August 23, 2007.

Tuesday, October 2

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The House will consider numerous non-technology related items. See, Rep. Hoyer's calendar.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing title "Digital Future of the United States: Part VI: The Future of Telecommunications Competition". Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Preserving the Rule of Law in the Fight Against Terrorism". The only witness will be Jack Goldsmith, author of the just published book titled "The Terror Presidency: Law and Judgment Inside the Bush Administration" [Amazon]. Goldsmith is a professor at Harvard Law School who previously worked for the Department of Defense's General Counsel, and then as Assistant Attorney General in charge of the DOJ's Office of Legal Counsel. The book contains some material on the Foreign Intelligence Surveillance Act (FISA) and the Terrorist Surveillance Program (TSP). See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Entertainment Software Association (ESA) will host a panel discussion titled "Empowering Parents to Protect Children Online" The speakers will include Deborah Tate (FCC Commission), Judi Warren and Monique Nelson (Web Wise Kids), Don Knezek (International Society for Technology and Education), and Jacalyn Leavitt and Marsali Hancock (Internet Keep Safe Coalition). Location: Room 192, Dirksen Building, Capitol Hill.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a panel discussion titled "Private Equity Panel". The speakers will be William Kennard (The Carlyle Group), Julie Richardson (Providence Equity Partners), Jamie Rubin (One Equity Partners), and Tom Wheeler (Core Capital Partners). Blair Levin (Stifel Nicolaus) will moderate. The doors will open at 11:30 AM. Lunch will be served at 12:00 NOON. Prices vary. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on September 27. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "The Copyright Office Speaks". The speakers will be Marybeth Peters, Register of Copyrights. The price to attend ranges from $25 to $40. For more information, call 202-626-3463. See, notice. Location: Caucus Room, 401 9th St., NW.

1:00 - 2:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Driving Wireless Broadband and Innovation: How Opening Up Unused ‘White Spaces’ on the Airwaves Will Drive Wireless Innovation". The speakers will be Rep. Jay Inslee (D-WA), Preston Marshall (DARPA), Pierre de Vries (University of Washington), Robert Atkinson (Information Technology and Innovation Foundation), and Michael Calabrese (NAF). See, notice. Location: Room 2322, Rayburn Building.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Nanotechnology Education". The witnesses will be David Ucko (National Science Foundation), Navida Ganguly (Oak Ridge High School), Hamish Fraser (Ohio State University), Ray Vandiver (Oregon Museum of Science and Industry), Sean Murdock (NanoBusiness Alliance), and Gerald Wheeler (National Science Teachers Association). Location: Room 2318, Rayburn Building.

2:00 - 4:00 PM. The House Intelligence Committee's (HIC) Subcommittee on Terrorism/HUMINT, Analysis and Counterterrorism will hold a closed meeting on the Central Intelligence Agency (CIA). Location: Room H405, Capitol Building.

4:00 - 6:00 PM. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed meeting on Northrup Grumman. Location: Room H405, Capitol Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a continuing legal education (CLE) seminar titled "Buying and Selling Political Time in a Hot Election Season". The speakers will be Bobby Baker (FCC), Hope Cooper (FCC), Kyle Roberts (Smart Media), and Kyle Osterhout (Media Strategies). Prices vary. Registrations and cancellations are due by 5:00 PM on September 28. See, registration form [PDF]. Location: Dow Lohnes, Suite 800, 1200 New Hampshire Ave., NW.

Day one of a two day conference hosted by the U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) titled "4th Annual U.S. Chamber of Commerce Anti-Counterfeiting and Piracy Summit". See, notice. Prices vary. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

Deadline to submit comments to the Securities and Exchange Commission (SEC) regarding its proposed rules changes concerning shareholder proposals and electronic shareholder communications. See, notice in the Federal Register, August 3, 2007, Vol. 72, No. 149, at Pages 43465-43488.

Wednesday, October 3

The House will meet at 10:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Hoyer's calendar.

9:30 AM. The Office of the United States Trade Representative (OUSTR) will hold a GSP Subcommittee Public Hearing in connection with the 2007 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51264-51266. Location: Rooms 1 and 2, 1724 F St., NW.

10:00 AM. The House Small Business Committee (HSBC) will hold a hearing titled "The Internet Tax Moratorium: The Potential Negative Impacts on Small Businesses of Allowing Moratorium to Expire". Location: Room 2360, Rayburn Building.

10:00 - 11:30 AM. The Information Technology and Innovation Forum (ITIF) will hold an event titled "Does the U.S. Benefit from U.S. IT Products Made Overseas?: Mapping the Global Value Chain of the iPod and Notebook Computers". The speakers will be Ken Kraemer (UC Irvine) and Robert Atkinson (ITIF). Location: Room 210, Cannon Building, Capitol Hill.

10:00 AM. The Federal Communications Commission's (FCC) Commercial Mobile Service Alert Advisory Committee will hold its final meeting. See, FCC notice [PDF]. Location: FCC, Room TW-C305, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 1:30 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Cyber-Safety in a Web 2.0 World: What Parents and Policymakers Need to Know," The speakers will be Rep. Melissa Bean (D-IL), Sharon Cindrich (author of e-Parenting: Keeping Up with Your Tech-Savvy Kids), Larry Magid (co-author of MySpace Unraveled: A Parent’s Guide to Teen Social Networking), and Nancy Willard (author of Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn To Use the Internet Safely and Responsibly), and Adam Thierer (PFF). See, PFF notice and registration page. Lunch will be served. Location: Room 121, Cannon Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cyberspace Practice and Mass Media Practice Committees will host a brown bag lunch titled "Exploring the White Spaces". The speakers will be David Donovan (Association for Maximum Service Television), Ben Scott (Free Press), Ed Thomas (Harris Wiltshire & Grannis), and Catherine Wang (Bingham McCutchen). RSVP to Jamie Hedlund at hedlund at yahoo-inc dot com or 202-777-1049. Location: Wiley Rein, main conference center, 1776 K St., NW.

2:00 - 4:00 PM. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed meeting on General Dynamics. Location: Room H405, Capitol Building.

6:00 - 9:00 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Protect and Enforce Trademark Rights: A Primer". The speakers will be Shauna Wertheim (Roberts Mardula & Wertheim) and Steven Hollman (Hogan & Hartson). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Day two of a two day conference hosted by the U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) titled "4th Annual U.S. Chamber of Commerce Anti-Counterfeiting and Piracy Summit". See, notice. Prices vary. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

Thursday, October 4

The House will meet at 10:00 AM for legislative business. The House will consider non-technology related items. See, Rep. Hoyer's calendar.

9:30 AM. The Office of the United States Trade Representative (OUSTR) will hold a GSP Subcommittee Public Hearing in connection with the 2007 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51264-51266. Location: Rooms 1 and 2, 1724 F St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again includes consideration of S 2035, [LOC | WW], the "Free Flow of Information Act of 2007". The agenda also includes consideration of the nomination of Thomas O'Brian to be the U.S. Attorney for the Central District of California. 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 - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Globalization of R&D and Innovation, Pt. III: How do Companies Choose Where to Build R&D Facilities?" The witnesses will be Robert Atkinson (Information Technology Innovation Foundation), Martin Kenney (UC Davis), Mark Sweeney (McCallum Sweeney Consulting). Location: Room 2318, Rayburn Building.

? TIME? The House Intelligence Committee (HIC) may mark up a bill to revise the Foreign Intelligence Surveillance Act (FISA). The Congress passed, and the President signed, S 1927 [LOC | WW], the "Protect America Act", in early August. That act sunsets after six months. (Rep. Jane Harman (D-CA) stated at a September 19 panel discussion that the HIC would hold this markup on October 4. A HIC spokesman declined to confirm or deny any information about this markup.) Location: __?

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) web site states that its Subcommittee on Oversight and Investigations will hold a closed meeting on an undisclosed topic. Location: Room H405, Capitol Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tivo v. Echostar, App. Ct. No. 2006-1574, an appeal from the U.S. District Court (EDTex) in a patent infringement case involving personal video recorder (PVR) technology. The District Court case is numbered 2:04-CV-1-DF. Location: Courtroom 201.

11:00 AM. The Heritage Foundation will host an event titled "The Fairness Doctrine: Unfair, Unwise and Unconstitutional". The speakers will be Sen. Norm Coleman (R-MN) and Michael Franc (Heritage). Location: Heritage, 214 Massachusetts Ave., NE.

1:00 - 3:00 PM. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed meeting on Raytheon. Location: Room H405, Capitol Building.

Day one of a four day convention of the Society of Professional Journalists (SPJ). See, conference web site. Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

Friday, October 5

Rep. Hoyer's calendar states that "No votes are expected in the House."

9:00 - 11:00 PM. The American Enterprise Institute (AEI) will host a panel discussion Stoneridge Investment v. Scientific Atlanta. The Supreme Court will hear oral argument on October 9, 2009. See also, story titled "story titled "Supreme Court to Consider 10b Liability of Stock Issuers' Vendors" in TLJ Daily E-Mail Alert No. 1,625, August 21, 2007. The speakers will be Louis Bograd (Center for Constitutional Litigation), Jonathan Cuneo (Cuneo Gilbert & LaDuca), Theodore Frank (AEI), Robert Gasaway (Kirkland & Ellis), Harvey Pitt (Kalorama Partners), and Michael Greve (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Day two of a four day convention of the Society of Professional Journalists (SPJ). See, conference web site. Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) regarding the foreign policy based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. See, notice in the Federal Register, September 5, 2007, Vol. 72, No. 171, at Pages 50912-50913.

Saturday, October 6

Day three of a four day convention of the Society of Professional Journalists (SPJ). See, conference web site. Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

Sunday, October 7

Day four of a four day convention of the Society of Professional Journalists (SPJ). See, conference web site. Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

Monday, October 8

Columbus 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.

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