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Tuesday, October 23, 2007, Alert No. 1,660.
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Sen. Hatch Introduces R&D Tax Credit Bill

10/19. Sen. Orrin Hatch (R-UT) and others introduced S 2209 [LOC | WW], the "Research Credit Improvement Act of 2007", another bill to revise and make permanent the research and development (R&D) tax credit, which is codified at 26 U.S.C. § 41.

Sen. Hatch sponsors legislation in every Congress that would make the R&D tax credit permanent. Instead, the Congress enacts short term extensions.

Sen. Hatch issued a release that states that this bill would "permanently extend the credit and provide a stronger alternative simplified credit that addresses changes in business models and economic circumstances that prevent some businesses from getting full benefit of the credit."

Sen. Max Baucus (D-MT), the lead cosponsor of the bill, stated in this release that "The research and development credit is all about fostering American competitiveness. Simply, this bill will create and sustain jobs in America".

The other original cosponsors of this bill are Sen. Maria Cantwell (D-WA), Sen. Gordon Smith (R-OR), Sen. Mike Crapo (R-ID), Sen. Olympia Snowe (R-ME), Sen. Blanche Lincoln (D-LA), and Sen. John Kerry (D-MA).

Senate Commerce Committee Considers Wireless Issues

10/17. The Senate Commerce Committee (SCC) held a hearing titled "Consumer Wireless Issues".

Sen. Ted Stevens (R-AK) wrote in his prepared statement that "I certainly understand and experience the frustration that all consumers feel sometimes when dealing with mass products. But I also worry that if Congress acts to rashly the end result could be that consumer prices would go up, or that some consumers would be forced into less attractive wireless plans."

See also, prepared testimony [PDF] of Lori Swanson (Minnesota Attorney General), prepared testimony [PDF] of Lowell McAdam (CEO of Verizon Wireless), prepared testimony of Mike Higgins (Central Texas Telephone Cooperative), prepared testimony of Chris Murray (Consumers Union), prepared testimony of Patrick Pearlman (Public Service Commission of West Virginia), and prepared testimony [PDF] of Jerry Ellig (George Mason University).

Verizon Wireless's McAdam argued that the wireless industry is competitive and innovative, and that prices have plummeted, so the Congress should not interrupt the regulatory regime that has made this possible.

However, he said that the Congress should address the "threat of patchwork state utility-style economic regulation" and "the unfair and discriminatory state and local tax burden that has been inflicted on wireless consumers".

The Consumer Union's Murray complained that wireless carriers are imposing unreasonable early termination fees, locking handsets, and "locking out competitive applications".

Minnesota's Swanson argued in favor of state consumer protection regulation, and opposed federal preemption.

West Virginia's Pearlman testified in support of S 2033 [LOC | WW], the "Cell Phone Consumer Empowerment Act of 2007", sponsored by Sen. Amy Klobuchar (D-MN) and Sen. Jay Rockefeller (D-WV). He too testified in opposition to federal preemption of state regulation. See, following story titled "Summary of S 2171 and S 2033, Bills Pertaining to Regulation of Wireless Services".

Higgins testified from the perspective of a small rural wireless services provider. Regarding handset locking, he noted that Apple would never make an iPhone available to small rural carriers, and this harms rural consumers.

He also offered a numerous policy recommendations, including licensing spectrum in smaller geographic areas, and limiting the amount of spectrum that the nationwide carriers may hold, particularly in rural areas.

Summary of S 2171 and S 2033, Bills Pertaining to Regulation of Wireless Services

10/17. On October 16 Sen. Mark Pryor (D-AR) introduced S 2171 [LOC | WW], the "Uniform Wireless Consumer Protection Act", a bill to establish a uniform national set of customer service and consumer protection requirements, via Federal Communications Commission (FCC) rulemaking, for providers of wireless telecommunications services.

The bill excludes states from some types of regulation of wireless services, but permits others.

This bill would amend 47 U.S.C. § 332 at subsection (c)(3). The statute currently prohibits states from regulating "rates", allows certain other state regulation, and allows states to petition the FCC for authority to regulate the rates for any commercial mobile service.

The bill would revise the language of subsection (c)(3) to prevent states from regulating or adjudicating entry, rates, or terms and conditions. But, the bill would require that the FCC adopt within one year "a final rule establishing customer service and consumer protection requirements for providers of commercial mobile service or private mobile service".

The bill was referred to the SCC. Sen. Pryor is a member.

The bill provides that "a State or local government shall not regulate or adjudicate -- (I) the entry of, or the rates charged by, any provider of commercial mobile service or private mobile service for any such mobile service or any other service that is primarily intended for receipt on or use with a wireless device that is utilized by a customer of such mobile service in connection with such mobile service; or (II) any terms and conditions of such mobile service or any other such service, except pursuant to a law or regulation generally applicable to businesses in the State other than a law or regulation that regulates or has the effect of regulating the entry or rates for any such service".

Sen. Pryor stated in the Senate that "While we have accomplished the goal of growing the wireless industry, we have yet to establish a uniform set of customer service and consumer protection requirements. Now is the time to finish the job we started in 1993 by enacting a national framework that will drive a new era of consumer-friendly wireless services." See, Congressional Record, October 16, 2007, a Pages S12940-1.

He also said that "The ability of wireless to travel beyond State boundaries tests our customary approaches to customer service and consumer protection standards at the state and local level. But nothing in this bill should be misconstrued as a statement against consumer obligations by State and local governments. As a former Attorney General of Arkansas, I feel very strongly about the inimitable ability of State and local governments to oversee and enforce consumer protections. State and local governments are unmatched in their function to provide effective protection and enforcement, and final rules must recognize and require a strong role for states in wireless consumer protection."

There is another bill, S 2033 [LOC | WW], the "Cell Phone Consumer Empowerment Act of 2007". It would provide for federal and state regulation of wireless services, impose limitations upon early termination fees, and require disclosure by service providers of their wireless telephone service areas.

S 2033 would also require the FCC to conduct a rule making proceeding to implement this legislation.

It would also require the FCC to conduct a study of handset locking.

S 2033 would also regulate the content of bills. For example, it would require bills to itemize taxes and other fees imposed upon consumers. However, it adds that "No charge which is not required to be recovered from a subscriber under a Federal, State, or local statute or regulation may be included in the section of the bill described" above. For example, the bill requires service providers to mislead consumers about the e-rate taxes and subsidies. These taxes are imposed upon service providers, and passed on to consumers.

S 2033 was introduced on September 7, 2007, by Sen. Amy Klobuchar (D-MN) and Sen. Jay Rockefeller (D-WV). It too was referred to the SCC.

Bill Would Prohibit Lobbyists from Purchasing Seats at Congressional Committee Meetings

10/17. Sen. Claire McCaskill (D-MO) introduced S 2177 [LOC | WW], the "Get in Line Act", a bill to amend the Lobby Disclosure Act (LDA) to prohibit the practice of purchasing seats in Congressional hearing rooms from persons who arrive early, wait in line, and then sell their seats.

The practice creates a market for seats, and enables lobbyists and others to obtain many of the public seats at popular hearings and markups. The practice is frequently employed by lobbyists and representatives of information technology and communications industry companies and groups to obtain seats at hearings and markups related to Federal Communications Commission (FCC) regulation, communications reform, spectrum management, patent reform, and some copyright issues.

The practice is more common at Senate committee meetings than at House committee meetings, because of the smaller public seating sections of many of the Senate committee meeting rooms, such as the Senate Commerce Committee's Room 253 of the Russell Building, and the Senate Judiciary Committee's (SJC) Room 226 of the Dirksen Building.

Sen. McCaskill, who is a member of the SCC, issued a release that states that "Even before dawn, professional ``line standers,´´ who are paid to hold a place in line for lobbyists attending Congressional hearings, filed into the Hart Senate Office Building after waiting outside for hours. All too often, the result is hearing rooms filled to capacity with lobbyists who paid a ``line stander´´ for a seat, preventing citizens from observing the legislative process."

Sen. McCaskill did not address the use of larger rooms. Communications and information technology related hearings and markups of Senate committees that are moved to Hart 216, Dirksen 106, or Dirksen G-50 rarely fill up. The transactions that S 2177 is intended to terminate could in significant part be ended by committee chairmen's use of these rooms, or the Caucus Room of the Cannon House Office Building, for popular meetings.

Congressional staff have priority access to meetings. Former Sen. Strom Thurmond (R-SC) once lead a battalion of interns into a confirmation hearing in the huge Hart 216 for a Supreme Court nominee. This filled up the entire public seating section, and prevented a group opposed to the nominee from disrupting or distracting the opening day's hearing.

Witnesses, their staff, and relevant administration and agency officials also have priority access, and usually obtain front row seating.

Reporters who have been credentialed by the Senate Standing Committee of Correspondents also usually have priority access to committee rooms.

For many technology related issues, the seating is ample, and there is no market for seats. For example, hearings related to the PATRIOT Act, Foreign Intelligence Surveillance Act (FISA), electronic surveillance and data acquisition in new technologies, cyber security, and cyber crime rarely fill up. Hearings and markups of the House Science Committee (HSC) rarely fill up. The House Ways and Means Committee has a huge meeting room, so its technology related proceedings rarely fill up.

Industry sectors affected by the FISA and PATRIOT Act have largely boycotted relevant committee meetings since 2005, even though some companies are intensely interested in the subject matter. Indeed, the public seating sections at some hearings have been almost empty. The HJC's meeting to mark up the RESTORE Act (a FISA reform bill) earlier this month filled up, and there were industry representatives in the room. However, the mark up of the RESTORE Act was followed immediately by the mark up of a bill to extend the ban on certain internet taxes. This was the reason that industry representatives attended. Also, a group of protesters attended the beginning of the mark up of the RESTORE Act. By the time that the HJC completed its mark up of the RESTORE Act, there were numerous vacant seats inside the room. There was free access to the room for the other items on the agenda.

S 2177 would not prohibit all sales of seats. It would amend Lobby Disclosure Act (LDA), which is codified at 2 U.S.C. § 1601, et seq., to prohibit the sale of seats to persons required to register as lobbyists by the LDA, and employees of any organization that employs or retains such lobbyists. However, this would cover most persons who purchase seats.

S 2177 would require "A committee of the Senate that is unable to accommodate all persons wishing to sit in the hearing room for a committee hearing or business meeting shall -- (1) make all reasonable accommodations for such overflow, including opening up an overflow room with a video monitor showing the hearing or meeting if possible; and (2) stream the hearing or meeting on the committee website to the extent practicable".

Most of the committee meetings of the House and Senate Commerce and Judiciary Committees for which there is a market for seats are already web cast. Persons who purchase seats have additional reasons to purchase seats, or standing room, in the room in which the meeting is held. These reasons include associating with other industry and group representatives, speaking with and giving written material to reporters, being seen by Representatives, Senators and staff, and obtaining a better view of the meeting than a web cast or overflow room video monitor provides.

Line standers are typically organized and paid by businesses that in turn sell seats to their clients, which include companies, trade groups, lobbying firms, and law firms. These line standing businesses also tend to provide a degree of order and self-policing to line standing. It is in their proprietary interest to do so. In their absence, line jumping at some popular committee meetings is rampant. Removing the line standing businesses, in some cases, would benefit line jumpers, rather than honest folk who show up early and stand in line.

Sen. McCaskill wrote in her release that "The lobbyists’ motivation is to secure prime real estate in the room with a goal of making eye contact with members of Congress. They believe that being seen in the front row will help members know who truly cares about the issue at hand, potentially giving a leg up to those lobbyists seeking to yield additional influence on votes. The pay-to-play system of attending hearings is yet another example of where big money talks on Capitol Hill."

She also asserted that the line standing practice is "similar to offering gifts to members of Congress and their staff".

However, the current market for seats or standing room involves exchanges between those who purchase seats, and those who stand in line for seats. Nothing of value is transferred to any members of Congress or their staff.

The bill was referred to the Senate Committee on Homeland Security and Governmental Affairs. It has no cosponsors.

US, EU, Japan and Others to Negotiate Anti-Counterfeiting Trade Agreement

10/23. The Office of the U.S. Trade Representative (OUSTR) issued a release that states that "the United States and some of its key trading partners will seek to negotiate an Anti-Counterfeiting Trade Agreement (ACTA)."

The OUSTR added that "Trading partners engaged in discussions so far include Canada, the European Union (with its 27 Member States), Japan, Korea, Mexico, New Zealand, and Switzerland." (Parentheses in original.)

This list does not include many of the nations that have high levels of counterfeiting, such as the People's Republic of China.

USTR Susan Schwab stated in this release that "Global counterfeiting and piracy steal billions of dollars from workers, artists and entrepreneurs each year and jeopardize the health and safety of citizens across the world ... The United States looks forward to partnering with many of our key trading partners to combat this global problem. Today launches our joint efforts to confront counterfeiters and pirates across the global marketplace."

Eric Smith, head of the International Intellectual Property Alliance (IIPA), stated in a release [PDF] that "The IIPA and its members strongly support the leadership of the U.S. government, along with Japan, in commencing work on an agreement among like-minded countries seeking to improve potential signatory countries' practical enforcement of their laws to deal with IPR infringements and crimes. Effective enforcement is a critical element of forging an effective IPR regime and piracy remains a key problem globally, causing significant revenue and job losses to the U.S. economy. The copyright owners IIPA represent particularly applaud the potential Agreement’s focus on Internet piracy, practical mechanisms for effective enforcement, and training and capacity building".

Patrick Ross, head of the Copyright Alliance, stated in a release that "In today's digital age, intellectual property theft literally knows no borders ... International cooperation is absolutely essential in ensuring our global ideas-driven economy thrives."

Caroline Joiner of the U.S. Chamber of Commerce also praised the announcement in a release.

More Capitol Hill News

10/22. Rep. John Dingell (D-MI), the Chairman of the House Commerce Committee (HCC) released a statement regarding the Federal Communications Commission's (FCC) consideration of regulation of ownership of media. He wrote that "I urge the Commission not to rush to judgment in its media ownership proceeding. Issues of this magnitude and importance deserve nothing less than the full and measured consideration of the Chairman and Commissioners. The Commission’s last attempt to craft ownership rules was largely invalidated by an appellate court, and the Commission should avoid that outcome in this instance. It is my sincere hope that the Commission will allow reasonable time for evaluation of the public input received on its media ownership studies and at all of its public hearings before finalizing rules. It is also important that the Commission release proposed rules and then allow sufficient time for comment on them before taking final action."

10/17. Sen. Harry Reid (D-NV) spoke in the Senate regarding legislation to reform the Foreign Intelligence Surveillance Act (FISA). He said that Sen. Jay Rockefeller (D-WV) and Sen. Kit Bond (R-MO), the Chairman and Vice Chairman of the Senate Intelligence Committee (SIC), "are moving forward this week to have a markup on the Intelligence bill. It will be bipartisan." Sen. Reid also said that Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), "has announced he would move very quickly with the Judiciary Committee". Both the SIC and SJC have jurisdiction over FISA reform legislation. Sen. Reid concluded, "Hopefully, we can have that bill to us within the next couple of weeks. We should get that done so it is not a last-minute deal like it was right before we broke for one of our breaks." See, Congressional Record, October 17, 2007, at Page S12948. See also, speech in the Senate by Sen. Mitch McConnell (R-KY) criticizing the RESTORE Act, the House passed FISA reform bill. Congressional Record, October 17, 2007, at Page S12947.

More News

10/19. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that announced, describes, recites, and sets the comment deadline (December 18, 2007) for, its proposed rules changes that would require that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the BIS via its Simplified Network Application Process (SNAP-R) system. See, Federal Register, October 19, 2007, Vol. 72, No. 202, at Pages 59231-59238.

10/18. The U.S. District Court (DC) issued an Memorandum Opinion and Order [5 pages in PDF] in CPI v. FCC, a Freedom of Information Act (FOIA) case involving the Federal Communications Commission's (FCC) data regarding broadband deployment. This order denies the Center for Public Integrity's (CPI) motion to alter or amend the District Court's Memorandum Opinion [18 pages in PDF] of August 27, 2007. See, 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. This case is Center for Public Integrity v. FCC, et al., U.S. District Court for the District of Columbia, D.C. No. 06-01644 (ESH), Judge Ellen Huvelle presiding.

10/17. The Federal Communications Commission (FCC) filed its brief [51 pages in PDF] with the U.S. Court of Appeals (DCCir) in New Jersey Department of the Public Advocate, Division of the Rate Counsel v. FCC, App. Ct. No. 07-1020, a petition for review of an order of the FCC pertaining to payphone service providers.

10/15. The Securities and Exchange Commission (SEC) filed a civil complaint [57 pages in PDF] in U.S. District Court (SDNY) against Nortel Networks Corporation, and a subsidiary, alleging violation of federal securities statutes, and rules promulgated thereunder, in connection with their alleged filing of misleading financial statements. This pertains to Nortel's recognition of revenue in 2000 and 2001. The SEC simultaneously announced in a release that the SEC and Nortel settled the matter. Nortel admitted to no wrongdoing, but agreed to pay a fine of $35 Million. Nortel is a Canadian manufacturer of telecommunications equipment. This case is SEC v. Nortel Networks Corporation and Nortel Networks Limited, U.S. District Court for the Southern District of New York, D.C. No. 07-CV-8851.

Washington Tech Calendar
New items are highlighted in red.
Tuesday, October 23

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. See, Majority Leader Hoyer's schedule for the week of October 22.

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

Day one of a three day conference titled "George Bush China -- U.S. Relations Economic Dialogue". See, conference web site and schedule [PDF]. At 8:30 AM, Secretary of the Treasury Henry Paulson will give a speech on the U.S. -- China Strategic Economic Dialogue. At 12:30 PM, Secretary of Commerce Carlos Gutierrez will give the luncheon address. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

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.

9:30 AM - 3:30 PM. Day two of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., 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.

1:00 - 3:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by teleconference. The conference phone number is 888-790-5019; the passcode is TEITAC. See, TEITAC notice and notice in the Federal Register, September 19, 2007, Vol. 72, No. 181, at Page 53509.

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

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's schedule for the week of October 22.

Day two of a three day conference titled "George Bush China -- U.S. Relations Economic Dialogue". See, conference web site and schedule [PDF]. U.S. Trade Representative Susan Schwab and Secretary of Energy Samuel Bodman will give a keynote addresses. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:30 AM - 12:30 PM. The U.S. Chamber of Commerce, Japan External Trade Organization (JETRO), Japan's Ministry of Economy, Trade, and Industry (METI), and the U.S. Department of State (DOS) will host an event titled "Japan Invest/Business Alliance 2007: Creating Value Through Innovation". The speakers will be Tadashi Izawa (President of JETRO), Patricia Haslach (DOS), Toshihisa Takata (Deputy Director-General for Trade Policy, METI), Leslie Chao (CEO of Chelsea Property Group), and Ken Hisamoto (VP of International Sales, FedEx Express). The Chamber's notice states that "credentialed members of the media are invited to attend". For more information, contact 202-463-5682. Location: Chamber, 1615 H St., NW.

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.

9:30 AM - 3:30 PM. Day three of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 333, Hall of the States, 444 North Capitol St., NW.

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

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on several judicial nominees: Joseph Laplante (to be a Judge of the U.S. District Court for the District of New Hampshire), Reed Charles O’Connor (U.S.D.C., Northern District of Texas, Dallas Division), Thomas Schroeder (U.S.D.C., Middle District of North Carolina), and Amul Thapar (U.S.D.C., Eastern District of Kentucky). See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up three bills, including HR 2406 [LOC | WW], a bill to authorize the National Institute of Standards and Technology (NIST) to increase its efforts in support of the integration of the healthcare information enterprise. The meeting will be webcast by the HSC. Location: Room 2318, Rayburn Building.

1:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Role of Federally Funded University Research in the Patent System". The witnesses will be Arti Rai (Duke University School of Law), Elizabeth Hoffman (Iowa State University), Robert Weissman (Essential Action), and Charles Louis (University of California, Riverside). See, notice. Location: Room 226, Dirksen 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

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's schedule for the week of October 22.

Day three of a three day conference titled "George Bush China -- U.S. Relations Economic Dialogue". See, conference web site and schedule [PDF]. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:30 AM - 3:30 PM. Day four of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3010 [LOC | WW], 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). The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

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

Majority Leader Hoyer's schedule for the week of October 22 states that no votes are expected in the House.

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.

9:30 AM - 3:30 PM. Day five of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol 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.

Monday, October 29

8:30 AM - 6:30 PM. Day one of a five day course of instruction hosted by Georgetown University Law Center titled "Georgetown Law -- Academy of WTO Law and Policy". The price to attend is $2,700. For more information, call Christine Washington at 202-662-4052. See, seminar web site and brochure [PDF]. Location: Georgetown Law Gewirz Student Center, 12th Floor, 120 F St., NW.

10:00 AM. The Federal Communications Commission's (FCC) and National Telecommunications and Information Administration's (NTIA) Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities will hold its first meeting. See, FCC Public Notice [5 pages in PDF] (DA-07-4325). Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding the roaming obligations of CRMS providers. The FNPRM asks whether the FCC should extend roaming obligations to broadband data services. 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, notice in the 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.

Effective date of the Federal Communications Commission's (FCC) rules changes regarding roaming obligations of CRMS providers. These rules changes provide that CMRS carriers have roaming obligations as to Title II services. 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, notice in the 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.

Tuesday, October 30

8:30 AM - 6:30 PM. Day two of a five day course of instruction hosted by Georgetown University Law Center titled "Georgetown Law -- Academy of WTO Law and Policy". The price to attend is $2,700. For more information, call Christine Washington at 202-662-4052. See, seminar web site and brochure [PDF]. Location: Georgetown Law Gewirz Student Center, 12th Floor, 120 F St., NW.

9:30 AM. The U.S. International Trade Commission (USITC) will hold a public hearing to assist it in preparing a report for the House Ways and Means Committee regarding government policies affecting trade with the People's Republic of China (PRC). The USITC is examining, among other sectors, semiconductors and telecommunications. See, notice in the Federal Register, July 31, 2007, Vol. 72, No. 146, at Pages 41773-41774, and USITC release. This proceeding is titled "China: Government Policies Affecting U.S. Trade in Selected Sectors" and numbered Inv. No. 332-491. Location: USITC, 500 E St., SW.

10:00 AM - 2:00 PM. The Free State Foundation (FSF) and the Institute for Policy Innovation (IPI) will host an event titled "The Federal Unbundling Commission". The keynote speakers will be Sen. Jim DeMint (R-SC) and Rep. Marsha Blackburn (R-TN). The other speakers will include Joe Waz (Comcast), Peter Davidson (Verizon), Rick Whitt (Google), James Gattuso (Heritage Foundation), Robert Crandall (Brookings Institution), Christopher Yoo (University of Pennsylvania Law School), Kevin Werbach (University of Pennsylvania's Wharton School), and Tom Sugrue (T-Mobile). RSVP to Erin Fitch at erinfitch at ipi dot org or 972-874-5139. Lunch will be served. Location: Room 2168 (Gold Room), Rayburn Building, Capitol Hill.

12:30 NOON - 2:00 PM. The DC Bar Association will host a program on the book titled " The Terror Presidency: Law and Judgment Inside the Bush Administration" [Amazon], by Jack Goldsmith, a former Assistant Attorney General in charge of the Office of Legal Counsel. The book contains some material on the Foreign Intelligence Surveillance Act (FISA) and the Terrorist Surveillance Program. The speakers will be Goldsmith, Stuart Taylor (National Law Journal), Jeffrey Smith (Arnold & Porter), and Nancy Perkins (Arnold & Porter). The price to attend ranges from $10 to $30. For more information, call 202-626-3463. See, notice. Location: Arnold & Porter, 555 12th St., NW.

1:00 - 3:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by teleconference. The conference phone number is 888-790-5019; the passcode is TEITAC. See, TEITAC notice and notice in the Federal Register, September 19, 2007, Vol. 72, No. 181, at Page 53509.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) will host a seminar titled "Lobbying the FCC and Congress: Ethical and Legal Considerations". The speakers will be Kenneth Gross (Skadden Arps), Jane Mago (National Association of Broadcasters), and David Solomon (Wilkinson Barker Knauer). The price to attend ranges from $25 to $135. Reservations and cancellations are due by 12:00 NOON on October 26. See, registration form [PDF]. This event qualifies for CLE credits. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "The Ethics of E-Mail". The speaker will be Thomas Spann (McGuire Woods). 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.

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