Tech Law Journal Daily E-Mail Alert
Friday, October 19, 2007, Alert No. 1,658.
Home Page | Calendar | Subscribe | Back Issues | Reference
House Judiciary Committee to Hold Hearing on Arbitration Fairness Act

10/19. The House Judiciary Committee (HJC) will hold a hearing on HR 3010 [LOC | WW], the "Arbitration Fairness Act of 2007", on Thursday, October 25, 2007.

This bill is a response to the growing use of arbitration clauses in a wide range of contracts between businesses and consumers, including many in the information and communications technology sectors.

Arbitration agreements have long been negotiated between businesses for resolution of commercial disputes. However, recent judicial interpretations of the Federal Arbitration Act (FAA), which is codified at 9 U.S.C. § 1, et seq., have increased the use of arbitration clauses in business's contracts with consumers and employees.

See especially, the Supreme Court's 2001 opinion in Circuit City Stores, Inc. v. Adams, 532 U.S. 105, in which the Supreme Court held that an arbitration clause in an employment application is enforceable when that employee subsequently brings an employment discrimination action against the employer.

This was a 5-4 opinion written by Justice Kennedy. Justices Souter, Breyer, Stevens, and Ginsburg dissented.

9 U.S.C. § 2 currently provides, in full, that "A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract."

The bill would amend this section of the FAA to provide that "No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of (1) an employment, consumer, or franchise dispute; or (2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power".

HR 3010 recites in its findings that the FAA "was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power", but that now "a large and rapidly growing number of corporations are requiring millions of consumers and employees to give up their right to have disputes resolved by a judge or jury, and instead submit their claims to binding arbitration".

It also finds that "Private arbitration companies are sometimes under great pressure to devise systems that favor the corporate repeat players who decide whether those companies will receive their lucrative business".

It also finds that "Mandatory arbitration undermines the development of public law for civil rights and consumer rights, because there is no meaningful judicial review of arbitrators' decisions. With the knowledge that their rulings will not be seriously examined by a court applying current law, arbitrators enjoy near complete freedom to ignore the law and even their own rules."

Finally, it finds that "Many corporations add to their arbitration clauses unfair provisions that deliberately tilt the systems against individuals, including provisions that strip individuals of substantive statutory rights, ban class actions, and force people to arbitrate their claims hundreds of miles from their homes."

The bill would impact the use of arbitration clauses in a wide range of employment, credit card, securities broker, car purchase, home construction, HMO, nursing home, franchise, and other contracts.

However, it would also affect the use of arbitration clauses in the information and communications technology sectors.

Wireless communications service providers incorporate arbitration clauses into consumer contracts. For example, Verizon Wireless includes in its Customer Agreement for individual wireless services the provision that "... ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ..." This agreement also contains a waiver of class arbitration,

Comcast's web site contains a web page [PDF] that is a copy of its "Comcast Agreement for Residential Services".

It provides that "If you have a Dispute ... with Comcast that cannot be resolved through the informal dispute resolution process described in this Agreement, you or Comcast may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury."

Although, the agreement also provides that consumers may opt out of the arbitration requirement by providing written notice within 30 days of receipt of the agreement.

It also provides that "Any state statutes pertaining to arbitration shall not be applicable", and that "arbitration may result in limited discovery".

The agreement also contains a one year limitation on the arbitration of disputes, a waiver of class representation, and a waiver of indirect, consequential, punitive, exemplary or multiple damages.

eBay's web site contains a web page titled "Your User Agreement". It provides, in part, that "For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration." (Parentheses in original.)

It also provides that "the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction."

Rep. Hank JohnsonRep. Hank Johnson (D-GA) (at left) introduced HR 3010 on July 12, 2007. It was referred to the HJC, and its Subcommittee on Commercial and Administrative Law. Rep. Johnson is a member of the HJC. The bill had 29 cosponsors as of October 18, 2007 -- mostly Democrats.

Sen. Russ Feingold (D-WI) introduced the companion bill in the Senate, S 1782 [LOC | WW], also titled the "Arbitration Fairness Act of 2007", on July 12, 2007. It was referred to the Senate Judiciary Committee (SJC), of which Sen. Feingold is a member. That bill had three cosponsors as of October 18, 2007, Sen. Ted Kennedy (D-MA), Sen. Sheldon Whitehouse (D-RI), and Sen. Richard Durbin (D-IL).

Sen. Feingold stated in the Senate on July 12, 2007, that "I have been concerned for many years that mandatory arbitration clauses are slowly eroding the legal protections that should be available to all Americans. A large and growing number of corporations now require millions of consumers and employees to sign contracts that include mandatory arbitration clauses." See, Congressional Record, July 12, 2007, at Page S9144.

He continued that "Most of these individuals have little or no meaningful opportunity to negotiate the terms of their contracts and so find themselves having to choose either to accept a mandatory arbitration clause or to forgo securing employment or needed goods and services. Incredibly, mandatory arbitration clauses have been used to prevent individuals from trying to vindicate their civil rights under statutes specifically passed by Congress to protect them."

One problem, said Sen. Feingold, is that "the administrative fees, both to gain access to the arbitration forum and to pay for the ongoing services of the arbitrator or arbitrator, can be so high as to act as a de facto bar for many individuals who have a claim that requires resolution."

He also stated that "arbitration generally lacks discovery proceedings and other civil due process protections", and that "there is no meaningful judicial review of arbitrators' decisions."

Joan Claybrook, head of Public Citizen, stated in a July release that "Privatizing justice benefits big corporate interests like national banks and insurance companies but does not help ordinary people. Corporations have figured out that simply by inserting an arbitration clause in contracts for everyday consumer goods and services or employment, they can usually evade accountability for any harm they cause or laws they break -- laws meant to protect consumers and employees from the misuse and abuse of corporate power in the marketplace."

She added that "It took more than a century for the United States to develop consumer protections and other laws that hold corporations accountable when they harm individuals or otherwise abuse their power in the marketplace. It’s time to stop the erosion of our hard-won protections and our civil justice system."

Representatives Write FTC Regarding Inadvertent P2P File Sharing

10/17. Rep. Henry Waxman (D-CA), the Chairman of the House Government Oversight and Reform Committee (HGORC), and others, sent a letter [7 pages in PDF] to Deborah Majoras, Chairman of the Federal Trade Commission (FTC), urging the FTC to "investigate promptly recent disclosures regarding inadvertent file sharing over peer-to-peer (P2P) networks and to take steps to ensure that potential risks posed by P2P networks are incorporated into the Commission's ongoing efforts to combat identity theft."

Most of the 18 members who signed the letter are Democrats. However, the letter is also signed by Rep. Tom Davis (R-VA), the ranking Republican on the HGORC, Rep. Darrell Issa (R-CA), and Rep. Chris Cannon (R-UT).

The letter continues that while "P2P networks have the potential to deliver innovative and lawful applications that will enhance business and academic endeavors, reduce transaction costs, and increase available bandwidth, these networks must also be used in a way that protects sensitive government, personal, and corporate information and copyright laws. In our view, the FTC should play an important role towards that end."

The letter states that some peer to peer (P2P) file sharing systems trick users into sharing files that they do not intend to share, and that "we believe that the problem of inadvertent file sharing is a much more significant problem than previously thought."

The letter also attached copies of a letter [7.5 MB in PDF] from Streamcast and a letter [3.5 MB in PDF] from Limewire to the HGORC regarding inadvertent file sharing.

The letter propounds several interrogatories to the FTC, and requests a response by November 1, 2007. It asks several questions regarding the activities and understanding of the FTC with respect to inadvertent file sharing.

It also asks "Does the FTC have sufficient enforcement authority to address problems associated with inadvertent file sharing or does it need additional authority?"

The HGORC held a hearing on July 24, 2007, titled "Inadvertent File Sharing Over Peer to Peer Networks". See, HBORC web page with hyperlinks to prepared testimony.

See also, November 2006 report [80 pages in PDF] to the U.S. Patent and Trademark Office (USPTO) titled "Filesharing Programs and ``Technological Features to Induce Users to Share´´", by Tom Sydnor, John Knight, and Lee Hollaar. The USPTO published this report in its web site, with a forward by Jon Dudas, head of the USPTO.

Tom Sydnor of the Progress & Freedom Foundation (PFF) stated in release regarding Rep. Waxman's letter that "Inadvertent sharing is a proven threat to personal, corporate, and national security that also creates needless conflicts between copyright holders and consumers. It is essential for both state and federal law-enforcement authorities to determine why distributors of popular filesharing programs have failed to eliminate a threat identified over five years ago."

People and Appointments

10/18. The U.S. Patent and Trademark Office (USPTO) announced the appointment of members of its Performance Review Board. See, notice in the Federal Register, October 18, 2007, Vol. 72, No. 201, at Page 59081.

10/18. President Bush announced his intent to designate Paul Schneider as acting Deputy Secretary for the Department of Homeland Security. See, White House release and statement by Secretary of Homeland Security Michael Chertoff.

10/18. President Bush nominated five persons to be Members of the Broadcasting Board of Governors: Joaquin Blaya (for the remainder of a three-year term expiring on August 13, 2008 and an additional term expiring on August 13, 2011), Edward Kaufman (for the remainder of a three-year term expiring on August 13, 2009), Susan McCue for the remainder of a three-year term expiring on August 13, 2010), Dennis Mulhaupt (for the remainder of a three-year term expiring on August 13, 2008 and an additional three-year term expiring on August 13, 2011), and Steven Simmons for the remainder of a three-year term expiring on August 13, 2009). See, White House release and release.

10/18. Kevin Martin (Chairman of the Federal Communications Commission) and John Kneuer (head of the National Telecommunications and Information Administration) named 25 members of the Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities. See, FCC Public Notice [5 pages in PDF] (DA-07-4325).

About Tech Law Journal

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2007 David Carney, dba Tech Law Journal. All rights reserved.

Washington Tech Calendar
New items are highlighted in red.
Friday, October 19

The House will not meet. It will next meet on Monday, October 22, 2007.

The Senate will meet at 10:00 AM. It will resume consideration of HR 3043 [LOC | WW], the Labor, Health and Human Services, and Education appropriations bill.

Day two of a three day conference of the American Intellectual Property Law Association (AIPLA). At 8:45 - 11:45 AM, there will be a series of presentations titled "Fraud & Inequitable Conduct at the USPTO: Trademark & Patent Perspectives". The speakers will include Judge Paul Michel, representatives of the USPTO, and practicing attorneys. Also at 8:45 - 11:45 AM, there will be a series of presentations titled "Can You Do That? Fair v. Unfair Uses of IP". Also at 8:45 - 11:45 AM, there will be a series of presentations titled "Inherent Anticipation and Declaratory Judgment Actions". At 12:15 - 1:45 PM, Judge Randall Rader will give the luncheon address. See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

8:45 AM - 2:45 PM. Day three of a three day conference of the International AntiCounterfeiting Coalition (IACC). At 9:30 - 10:45 AM, there will be a panel presentation titled "Navigating the Sea of Foreign Privacy Laws to Successfully Steer Counterfeiting Case". The speakers will be Mark Bohannon (SIIA), Kristina Rosette (Covington & Burling), and Steve Metalitz (Mitchell Silberberg & Knupp). At 11:00 AM - 12:15 PM, there will be a panel presentation titled "Demystifying the 301 Process -- From The Collection to Presentation The Steps We Take to Prepare a Meaningful Report." The speakers will be Nils Montan (IACC), Jennifer Groves (OUSTR), and Michael Schlesinger (IIPA). See, agenda [6 pages in PDF]. Location: Mayflower Renaissance Hotel, 1127 Connecticut Ave., NW.

9:00 AM - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a forum titled "Building the Broadband Economy and Society". The speakers will be Robert Atkinson (ITIF), Ev Ehrlich (a former Undersecretary of Commerce), John Mayo (McDonough School of Business, Georgetown University), Steve Weber (UC Berkeley), Mark Lloyd (Center for American Progress), William Lehr (MIT). See, agenda. Location: Thornton Room, 11th Floor, Hyatt Regency Washington, 400 New Jersey Ave., NW.

Day two of a two day conference hosted by the University of Maryland School of Law (UMSL) titled "The Sarbanes-Oxley Act of 2002, Five Years Later: Assessing Its Impact, Charting Its Future". Linda Thomsen (Director of the Securities and Exchange Commission's Division of Enforcement) will speak. For more information, contact Lisa Fairfax at 410-706-2724. Location: UMSL, Baltimore, MD.

Deadline to submit to the Office of the United States Trade Representative (OUSTR) post-hearing briefs for the GSP Subcommittee Public Hearing (on October 3-4, 2007) 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.

Deadline to submit to the Office of the United States Trade Representative (OUSTR) applications for nominations by the US to WTO dispute settlement panels. This is for nomination to the indicative list of non-governmental potential panelists provided for in Article 8.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and in the Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO). See, notice in the Federal Register, September 17, 2007, Vol. 72, No. 179, at Pages 52942-52944.

Close of the Federal Communications Commission's (FCC) filing window Noncommercial Educational (NCE) New FM Station Applications. See, notice in the Federal Register, October 15, 2007, Vol. 72, No. 198, at Pages 58299-58300

Saturday, October 20

Day three of a three day conference of the American Intellectual Property Law Association (AIPLA). See, conference web site. Location: Marriott Wardman Park, 2660 Woodley Road, NW.

Monday, October 22

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "XM-SIRIUS: An Out of This World Monopolist or Just Another Down-to-Earth Competitor?". The speakers will be Lawrence Walke (National Association of Broadcasters), Andrew Schwartzman (Media Access Project), and Ryan Wallach (Willkie Farr & Gallagher). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Extended 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.

Tuesday, October 23

9:00 AM - 2:30 PM. The American Enterprise Institute (AEI) will host an event titled "Asia 2012: Security Challenges and Opportunities for Development". The speakers at a 9:00 AM on security will include Brigadier Arun Sahgal (United Service Institution of India), Lanxin Xiang (Graduate Institute of International Studies), Masafumi Ishii (Embassy of Japan), and Michael Auslin (AEI). The speakers at a 10:30 AM panel titled "Is Growth Sustainable? Fault Lines in Asia’s Economic Future" will include Richard Katz (Oriental Economist), Philip Levy (AEI), BethAnne Wilson (Federal Reserve Board of Governors), and Kent Calder (Johns Hopkins University, School of Advanced International Studies). The 12:00 NOON lunch speaker will be John Negroponte (Department of State). The speakers at a 1:00 PM panel titled "Transnational Challenges and Regionalist Responses" will include Richard Cronin (Henry Stimson Center), Keiichi Hori (Asian Forum Japan), Da Wei (China Institutes of Contemporary International Relations), and Christopher Griffin (AEI).See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM. The U.S. Court of Appeals (DC) will hear oral argument in American Radio Relay League v. FCC, App. Ct. No. 06-1343. This is a petition for review of a final order of the FCC pertaining to broadband over power line (BPL). See also, FCC brief [79 pages in PDF] and story titled "FCC Files Brief in Amateur Radio Operators' Challenge to BPL Rules" in TLJ Daily E-Mail Alert No. 1,634, September 5, 2007. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Enhancing FTC Consumer Protection in Financial Dealings, with Telemarketers, and on the Internet". This hearing will address HR 3526 [LOC | WW], a bill to place all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions, HR 2601 [LOC | WW], a bill to extend until 2012 the authority of the Federal Trade Commission (FTC) to collect fees to administer and enforce Do Not Call Registry, and HR 3461 [LOC | WW], the "Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007" or "SAFER NET Act", a bill to create an internet safety public education campaign at the FTC. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:00 PM. The Association for Competitive Technology (ACT) will host a panel discussion on copyright and space shifting. The speakers will be Patrick Ross (Copyright Alliance), Gigi Sohn (Public Knowledge), and Morgan Reed (ACT, moderator). For more information, contact the ACT at 202-331-2130. Location: Room B-340, Rayburn Building.

12:00 NOON - 2:00 PM. The Federal Communications Commission's (FCC) Enforcement Bureau (EB) will hold a closed meeting with regulated entities and others. The speakers will be FCC/EB front office managers and division chiefs. For more information, contact FCC/EB at 202-418-7450. The Federal Communications Bar Association (FCBA) asserts in its web site that this is an FCBA meeting. The FCBA also asserts unilaterally that this meeting is "off the record". Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "Beyond Borders: International Copyright Enforcement in the Digital Era". The speakers will be Stanford McCoy (Chief Negotiator for Intellectual Property Enforcement at the Office of the U.S. Trade Representative) and Eric Schwartz (Mitchell Silberberg & Knupp). The price to attend ranges from $10 to $20. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

2:00 PM. The House Government Oversight and Reform Committee's Subcommittee on Information Policy, Census, and National Archives will hold a hearing titled "Cybersecurity: A Review of Public and Private Sector Efforts to Secure our Nation's Internet Infrastructure". Location: Room 2154, Rayburn Building.

Wednesday, October 24

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "NASPER: Why Has the National All Schedules Prescription Electronic Reporting Act Not Been Implemented? ". The hearing will be web cast by the HCC. Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Future of Radio". See, notice. Location: Room 253, Russell Building.

1:45 PM. The Senate Foreign Relations Committee will hold a business meeting. It will consider numerous nominations, including Christopher Egan to be the US Representative to the Organization for Economic Cooperation and Development (OECD), George Pataki to be the U.S. Representative to the United Nations General Assembly. See, notice. Location: Room S-116, Capitol Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Overview of Copyright Law and Litigation". The speaker will be Kenneth Kaufman (Skadden Arps). 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.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers' Committee will host an event titled "YLC Pre-Charity Auction Happy Hour". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Regatta Raw Bar, Marriott at Metro Center, 775 12th St., NW.

Thursday, October 25

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3010, the "Arbitration Fairness Act of 2007". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade, and Tourism will hold a hearing to promote trade protectionism. It will be titled "Sweatshop Conditions in the Chinese Toy Industry". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nomination of John Tinder to be a Judge of the U.S. Court of Appeals (7thCir).

12:00 PM. The Cato Institute will host a panel discussion titled "Should American Workers Fear or Embrace Globalization?" The speakers will be Jagdish Bhagwati, author of the 2004 book [Amazon] tilted "In Defense of Globalization", and Matthew Slaughter (Tuck School of Business). See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Reception for FCC and NTIA Bureau and Office Chiefs". Prices vary. See, registration form [PDF]. Registrations are due by October 19. The FCBA will give no refunds for cancellations. Location: Capital Hilton, 1001 16th St., NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Conduct Business in the Current Chinese Legal Environment: Myths and Facts". The speakers will be Paul Manca (Hogan & Hartson), Grace Fremlin (Foley & Lardner), and Steven Robinson (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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Eighth Further Notice of Proposed Rule Making announcing tentative channel designations. This item is FCC 07-138 in MB Docket No. 87-268. See, FCC Public Notice (DA 07-3914) [PDF] and notice in the Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51575-51581.

Deadline to submit comments or objections to the Copyright Royalty Judges (CRJ) their royalty rates for use of a musical work in a Public Broadcasting Service distributed program pursuant to the noncommercial educational broadcasting statutory license contained in the Copyright Act. The CRJ announced in a notice in the Federal Register on September 26, 2007, that they are correcting the rates published in the Federal Register on April 17, 2007. See, Federal Register, September 26, 2007, Vol. 72, No. 186, at Pages 54622-54623.

Friday, October 26

Target adjournment day for the House. See, House 2007 calendar.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Improving Health Care: Why a Dose of IT May Be Just What the Doctor Ordered". The speakers will be Robert Atkinson (ITIF), Daniel Castro (ITIF), former Rep. Nancy Johnson (R-CT), Alan Lotvin (ICORE Magellan Health Services), and Edna DeVries (Marshfield Clinic). See, notice. Location: First Amendment Lounge, National Press Club, 529 14th St., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless and HLS/Emergency Communications Committees will host a lunch titled "Strengthening Public Safety Through Wireless Technologies". The price to attend is $15. Reservations and cancellations are due by 12:00 NOON on October 24. See, registration form [PDF]. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

5:00 PM. Deadline to submit comments to the Judicial Conference of the U.S.'s (JCUS) Court Administration and Case Management Committee regarding the Department of Justice's (DOJ) proposal that the Public Access to Court Electronic Records (PACER) system terminate public access to unsealed plea agreements filed in criminal cases. See, notice in the Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51659-51660, and story titled "DOJ Seeks to Limit Public Access to PACER System" in TLJ Daily E-Mail Alert No. 1,637, September 10, 2007.