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Wednesday, October 31, 2007, Alert No. 1,666.
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House Passes Senate Version of Internet Tax Ban Bill

10/30. The House approved the Senate's version of HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", without further amendments, by a vote of 402-0. See, Roll Call No. 1,014.

The same bill has been approved by both the House and Senate. It is now ready for signature by President Bush. It provides for a seven year extension.

On October 16, 2007, the House approved the House Judiciary Committee's (HJC) version of HR 3678, by a vote of 405-2. See, Roll Call No. 968. That House version [8 pages in PDF] contained a four year extension. On October 25, 2007, the Senate approved its version, with a seven year extension, by unanimous consent.

See also, story titled "Senate Approves 7 Year Extension of Internet Tax Ban" in TLJ Daily E-Mail Alert No. 1,663, October 26, 2007, and stories titled "Summary of HR 3678" and "House to Consider Extension of Act Limiting Internet Taxes" in TLJ Daily E-Mail Alert No. 1,655, October 16, 2007.

Rep. Roy Blunt (R-MO), the House Republican Whip, stated in a release that "When it comes to taxing the Internet, Republicans have not wavered in our belief that it ought not happen today, tomorrow, four-years from now, or any time after that. Democrats in Congress have taken a far more `nuanced´ position on the matter, having decided that imposing new taxes on our digital economy right now is unpalatable, but that resurrecting the plan sometime in the future may hold greater promise.

He continued that "Today's vote on extending the ban to seven years -- after Democrats rejected both six-year and eight-year extensions in committee -- demonstrates the majority's inconsistency on this issue. Democrats had an opportunity three weeks ago to support Republican legislation to extend the ban far beyond the four-year window, but chose to send a far weaker message to American consumers and small businesses instead. Although they missed a clear chance then, I’m glad today they followed the lead of the Senate and gave our chamber the opportunity to go on record in support of a longer ban. But nothing short of a permanent moratorium will be enough for House Republicans -- and, toward that end, we will continue to fight."

Some Democrats, such as Rep. Zoe Lofgren (D-CA) and Rep. Anna Eshoo (D-CA), have supported permanent extensions. Rep. Lofgren consistently voted for permanent or longer extensions during the HJC's mark up of the bill.

Rep. Anna EshooRep. Eshoo (at right) cast one of only two votes against the bill on October 16, 2007. She voted on the basis that it was not a permanent extension. See, Congressional Record, October 16, 2007, at Page H11571, and Rep. Eshoo's October 30 release and October 25 release. Rep. Eshoo is also the sponsor of HR 743 [LOC | WW], the "Permanent Internet Tax Freedom Act".

Sen. Ted Stevens (R-AK) stated in a release after the House vote that "I am pleased that the House passed the bipartisan Senate compromise that extends the moratorium for another seven years, which is the longest moratorium to date ... Since the tax moratorium was first adopted, tremendous investment, growth and innovation in broadband deployment has occurred. Affordable access to the Internet is particularly important to small businesses in rural and remote communities across our nation. Passage of this bill will ensure that the Internet remains tax-free for many years to come.”

The National Cable and Telecommunications Association (NCTA) praised the House vote in a release. It wrote that "Keeping the Internet free of new and unnecessary state and local taxes will encourage even more consumers to subscribe to broadband and help accomplish a shared vision of universal broadband deployment for all Americans."

Verizon also praised the House vote. It wrote in a release that "Broadband access is now a crucial driver of America’s economy, and this moratorium extension will ensure continued investment and growth in the broadband marketplace."

The National Association of Manufacturers (NAM) stated in a release that "American businesses of all sizes rely on high-speed, broadband Internet access to remain competitive in the global marketplace. Were the moratorium allowed to expire, more than 7,000 tax jurisdictions would have inherited authority to tax Internet access for everyone."

The US Telecom, CTIA -- Wireless Association, AeA, and other information and communications technology groups also praised the House vote.

House Commerce Committee Approves Broadband Mapping Bill

10/30. The House Commerce Committee (HCC) amended and approved by voice vote HR 3919 [LOC | WW], the "Broadband Census of America Act of 2007".

On May 17, 2007, the HCC's Subcommittee on Telecommunications and the Internet held a hearing on the broadband mapping generally. See, prepared testimony [PDF] of Larry Cohen (Communications Workers of America), prepared testimony [PDF] of Ben Scott (Free Press), prepared testimony [PDF] of Kyle McSlarrow (National Cable and Telecommunications Association), prepared testimony [PDF] of Brian Mefford (Connect Kentucky), prepared testimony [PDF] of Steve Largent (CTIA -- Wireless Association), prepared testimony [PDF] of Walter McCormick (US Telecom), and prepared testimony [PDF] of George Ford (Phoenix Center for Advanced Legal and Economic Public Policy Studies).

On October 10, 2007, the HCC's Subcommittee on Telecommunications and the Internet (STI) approved, without amendment, by voice vote, a committee print [19 pages in PDF] of this legislation.

Rep. Ed Markey (D-MA) and others introduced this bill on October 22, 2007.

At the October 30, 2007, full committee markup, the HCC approved an amendment in the nature of a substitute [22 pages in PDF] offered by Rep. Markey.

This bill requires the Federal Communications Commission (FCC) to annually "conduct an assessment and publish a report on the nature and deployment of, and subscription to, broadband service capability throughout the States". The bill also specifies in detail the nature and content of these reports.

The bill also requires the National Telecommunications and Information Administration (NTIA) to publish online a broadband inventory map.

The bill also authorizes the appropriation of $20 Million per year for three years for broadband mapping, with at least $15 Million for grants.

Rep. Ed MarkeyRep. Markey (at right) stated that "This legislation reflects the growing consensus -- if not unanimity -- around the fact that current data collection methods used by the Federal Communications Commission (FCC) are inadequate and highly flawed. We must have more reliable information about broadband deployment and consumer adoption as a first step in developing any comprehensive blueprint for America's broadband future."

He added that this would help not only national policy makers, but would also "assist local communities to assess their own broadband inventory. Moreover, local planning grants will permit such communities to effectively organize to spur deployment and usage of broadband services in local areas".

Steve Largent, head of the CTIA -- Wireless Association, stated in a release that "The wireless industry agrees that a U.S.-based broadband census and inventory map can be a timely and useful tool to aid policymakers in the effort to provide equal access to broadband services to all Americans, regardless of economic status or location."

Verizon's Peter Davidson stated in a release that "Getting broadband to as many people as possible, no matter where they live, is an important policy goal ... This legislation includes provisions that will help identify those communities and parts of the country unserved or underserved by broadband."

House Commerce Committee Approves Do Not Call Registry Fee Extension Bill

10/30. The House Commerce Committee (HCC) approved by voice vote HR 2601 [LOC | WW], the "Do-Not-Call Registry Fee Extension Act of 2007".

Rep. Cliff Stearns (R-FL) and others introduced this bill on June 6, 2007.

On October 23, 2007, the HCC's Subcommittee on Commerce, Trade and Consumer Protection (SCTCP) held a hearing on the bill.

Also on October 23, 2007, the HCC/SCTCP approved by voice vote an amendment in the nature of a substitute [9 pages in PDF] offered by Rep. Stearns. It then approved by voice vote the bill as amended.

At the October 30 full committee meeting the HCC approved the bill without further amendment.

This bill extends the authority of the Federal Trade Commission (FTC) to collect Do-Not-Call Registry fees to fiscal years after fiscal year 2007.

This bill also lower fees for telemarketers who access the database to $54 per area code, or a maximum of $14,850. Currently, telemarketers pay $62 for each area code, with the first five area codes free, and total fees capped at $17,050.

The related bill in the Senate is S 781 [LOC | WW], the "Do-Not-Call Registry Fee Extension Act of 2007". The Senate Commerce Committee (SCC) approved an amended version [7 pages in PDF] of this bill on August 2, 2007. See, story titled "Senate Commerce Committee Approves Bill to Revise and Extend Do Not Call Registry Fees" in TLJ Daily E-Mail Alert No. 1,620, August 1, 2007.

House Commerce Committee Approves Bill to Preclude Expiration of Do Not Call Registrations

10/30. The House Commerce Committee (HCC) amended and approved by voice vote HR 3541 [LOC | WW], the "Do-Not-Call Improvement Act of 2007".

Rep. Mike Doyle (D-PA), Rep. Chip Pickering (R-MS), and Rep. Rick Boucher (D-VA) introduced this bill on September 17, 2007.

The HCC approved an amendment in the nature of a substitute [2 pages in PDF] at the October 30 meeting.

Rep. Doyle stated in a release that "Most folks who've signed up with the registry don't even realize that their names will be automatically removed after five years. I don't think they should even have to worry about it. My bill will give 150 million Americans a little much-needed peace and quiet".

This bill would amend the Do-Not-Call Implementation Act, which was enacted in 2003 to implement a Do Not Call Registry. The 2003 Act is Public Law No. 108-10. It is codified at 15 U.S.C. § 6101 note. Section 3 of the 2003 Act 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.

HR 3541 provides as follows: "NO AUTOMATIC REMOVAL OF NUMBERS. -- Telephone numbers registered on the national `do-not-call´ registry of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)) since the establishment of the registry and telephone numbers registered on such registry after the date of enactment of this Act, shall not be removed from such registry except as provided for in subsection (b) or upon the request of the individual to whom the telephone number is assigned."

The related, but not identical, bill in the Senate is S 2096 [LOC | WW]. The Senate Commerce Committee (SCC) amended and approved it on October 30, 2007. See, story in this issued titled "Senate Commerce Committee Approves Bill to Preclude Expiration of Do Not Call Registrations".

Senate Commerce Committee Approves Bill to Preclude Expiration of Do Not Call Registrations

10/30. The Senate Commerce Committee (SCC) amended and approved 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. Currently, under Federal Communications Commission (FCC) and Federal Trade Commission (FTC) rules, registrations expire after five years.

Sen. Byron Dorgan (D-ND) introduced this bill on September 27, 2007. See, story titled "Sen. Dorgan Introduces Bill to Prevent Automatic Expiration of Do Not Call Registrations" in TLJ Daily E-Mail Alert No. 1,648, October 1, 2007.

The related bill in the House is HR 3541 [LOC | WW], the "Do-Not-Call Improvement Act of 2007". The House Commerce Committee amended and approved it on October 30. See, story in this issue titled "House Commerce Committee Approves Bill to Preclude Expiration of Do Not Call Registrations".

On October 30, the SCC approved an amendment in the nature of a substitute [2 pages in PDF].

This bill, as amended, provides that "The registration of a telephone number on the do-not-call registry of the Telemarketing Sales Rule (16 C. F. R. 310.4(b)(1)(iii)) shall not expire at the end of any specified time period."

It adds that the FTC "shall reinstate the registration of any telephone number that has been removed from the registry before the date of enactment of this Act under a Federal Trade Commission rule or practice requiring the removal of a telephone number from the registry 5 years after its registration."

The bill also provides that the FTC "may check telephone numbers listed on the do-not-call registry against national databases periodically and purge those numbers that have been disconnected and reassigned."

The SCC issued a release that states that "Currently, each number in the ``Do-Not-Call´´ registry will expire five years after its initial registration. Almost 52 million (51,968,777) numbers will expire before September 30, 2008. S. 2096 would create a permanent registry extension which would save Americans from having to re-register their phone numbers. It also removes the need for the Federal Trade Commission to undertake a costly education campaign to remind Americans to re-enroll their number on the ``Do-Not-Call´´ list. Currently, more than 200,000 numbers in Alaska are part of the ``Do-Not-Call´´ registry."

Sen. Ted Stevens (R-AK) stated that "It is time to make the `Do-Not-Call´ list the `Never-Call´ list."

House Commerce Committee Approves SAFER NET Act

10/30. The House Commerce Committee (HCC) amended and approved by voice vote HR 3461 [LOC | WW], the "Safeguarding America’s Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007". This produces the acronym of SAFER NET Act.

Rep. Melissa BeanRep. Melissa Bean (D-IL) (at right) and others introduced this bill on August 4, 2007. As introduced, this bill would create a public awareness and education campaign regarding internet safety to be run by the Federal Trade Commission (FTC).

The FTC would be tasked with promoting safe online activity, including matters related to e-commerce, protecting financial information and privacy, cybercrime, and threats to juveniles presented by inappropriate online content and predators.

On October 23, 2007, the HCC's Subcommittee on Commerce, Trade and Consumer Protection held a hearing.

Also on October 23, the HCC/SCTCP approved by voice vote an amendment [1 page in PDF] offered by Rep. Bobby Rush (D-IL). It then approved by voice vote the bill as amended.

Rep. Rush's amendment reduced the authorization for appropriation for fiscal year 2008 from $10 Million per year to $5 Million.

At the October 30 full committee meeting, the HCC approved an amendment [2 pages in PDF] offered by Rep. Mary Bono (R-CA). This amendment establishes at the Department of Commerce's National Telecommunications and Information Administration (NTIA) "an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies"

The purpose of this NTIA working group is to review and evaluate "(1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children; (2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 13032 of title 42 ... (3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and (4) the development of technologies to help parents shield their children from inappropriate material on the Internet."

Finally, Rep. Bono's amendment requires the NTIA's working group to report to the Congress its findings.

However, the bill as amended includes no authorization for the appropriation of funds for the NTIA working group.

More Mark Up News

10/30. The House Commerce Committee (HCC) amended and approved HR 3403 [LOC | WW], the "911 Modernization and Safety Act of 2007" and HR 3526 [LOC | WW], a bill to include all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions.

10/30. The Senate Commerce Committee (SCC) amended and approved S 1853 [LOC | WW], the "Community Broadband Act of 2007".

TLJ intends to publish stories on the mark up of these bills in the next issue.

DOJ Requires Divestitures in AT&T's Acquisition of Dobson

10/30. The Department of Justice's (DOJ) Antitrust Division filed a civil complaint in U.S. District Court (DC) against AT&T and Dobson Communications Corporation alleging violation of federal antitrust laws in connection with AT&T's proposed acquisition of Dobson.

The parties simultaneously filed a proposed consent decree that requires divestitures in markets in Kentucky, Oklahoma, Missouri, Pennsylvania and Texas, including rights to the Cellular One brand.

Thomas Barnett, Assistant Attorney General in charge of the DOJ's Antitrust Division, stated in a release that "The required divestitures will preserve competition for residents in rural areas in Kentucky, Oklahoma, Missouri, Pennsylvania and Texas and ensure that these consumers continue to enjoy the benefits of competition, such as lower prices, and higher quality".

The DOJ release elaborates that "The divestitures are required to assure continued competition in markets where the merger would otherwise result in a significant loss of competition. In three rural service areas (RSAs) in Kentucky and Oklahoma, AT&T and Dobson each hold one of the two cellular licenses and are the most significant competitors. In two RSAs in Missouri and Texas, AT&T has a minority equity interest in, and important control rights over, the primary wireless competitor to Dobson. According to the complaint, the proposed transaction would substantially reduce competition for mobile wireless telecommunications services in these five markets where the businesses wholly or partially owned by Dobson and AT&T collectively serve more than 60 percent of subscribers. The proposed divestitures remedy the competitive problem caused by the otherwise overlapping ownership."

It adds, "Similarly, the divestiture of the Cellular One brand and associated rights will ensure continued competition in two markets in Pennsylvania and Texas where a Cellular One licensee is the primary wireless competitor to AT&T. Without the divestiture, AT&T would have had the incentive and ability to harm competition by limiting and eliminating the Cellular One licensee's ability to use the brand effectively."

The Federal Communications Commission (FCC) is also reviewing this transaction. Dobson stated in a release that the West Virginia Public Service Commission and the Arizona Corporation Commission have approved this transaction.

Washington Tech Calendar
New items are highlighted in red.
Wednesday, October 31

The House will meet at 10:00 AM for legislative business. It will consider a motion to go to conference on HR 3043 [LOC | WW], the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008". and HR 3920 [LOC | WW], the "Trade and Globalization Assistance Act of 2007". See, Majority Leader Hoyer's weekly calendar and schedule for October 31.

The Senate will meet at 12:00 NOON for morning business. It will then begin consideration of HR 3963 [LOC | WW], the "Children's Health Insurance Program Reauthorization Act of 2007".

8:30 AM - 6:30 PM. Day three 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.

9:00 AM. The Federal Communications Commission (FCC) may hold an event titled "Localism Hearing and Open Commission Meeting". See, notice [PDF]. Location: FCC, Commission Meeting Room (TW-C305 ), 445 12th St.,  SW.

9:00 AM - 4:30 PM. Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58108-58109, and Homeland Security Information Network (HSIN) web site. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on transition to digital television. See, notice and witness list [PDF]. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SCC) will hold a hearing titled "FISA Amendments: How to Protect Americans’ Security and Privacy and Preserve the Rule of Law and Government Accountability". The witnesses will be Kenneth Wainstein (Assistant Attorney General in charge of the DOJ's National Security Division), Ed Black (head of the Computer & Communications Industry Association), Patrick Philbin (Kirkland & Ellis), and Morton Halperin (Soros's Open Society Institute). See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Research on Environmental and Safety Impacts of Nanotechnology: Current Status of Planning and Implementation under the National Nanotechnology Initiative". The witnesses will be Clayton Teague (Director of the National Nanotechnology Coordination Office), Floyd Kvamme (Co-Chair of the President’s Council of Advisors on Science and Technology), Vicki Colvin (International Council on Nanotechnology), Andrew Maynard (Woodrow Wilson International Center for Scholars), Richard Denison (Environmental Defense), Paul Ziegler (PPG Industries). The hearing will be webcast by the HSC. Location: Room 2318, Rayburn Building.

11:00 AM - 12:00 NOON. The House Intelligence Committee will hold a closed hearing on the Central Intelligence Agency (CIA). See, notice. Location: Room 405, Capital Building.

11:00 AM. Nine interest groups will host a teleconferenced news conference to announce a set of "proposals intended to correct a privacy imbalance that has deprived Americans of the right to control their personal information". This announcement relates to the Federal Trade Commission's (FTC) two day workshop titled "Ehavioral Advertising: Tracking, Targeting, and Technology" to be held on November 1-2, 2007. The participating groups are the Center for Democracy and Technology (CDT), Consumer Action, Consumer Federation of America (CFA), Electronic Frontier Foundation (EFF), Privacy Activism, Privacy Journal, Privacy Rights Clearinghouse, Public Information Research, and World Privacy Forum. The call in number is 641-715-3200. The access code is 276554#. For more information, contact Ari Schwartz (CDT) at 202-637-9800 x107.

2:00 PM. Two subcommittees of the House Homeland Security Committee (HHSC) will hold a hearing titled "Enhancing and Implementing the Cybersecurity Elements of the Sector Specific Plans". The witnesses will be Greg Garcia (Assistant Secretary, DHS's Office of Cyber Security and Telecommunication), David Powner (Government Accountability Office), Michael Hickey (Communications Sector Coordinating Council), George Hender (Options Clearing Corporation), Michael O'Hanlon (Brookings Institution), Larry Clinton (Internet Security Alliance), Sally Katzen (George Mason University School of Law), Lawrence Gordon (University of Maryland). This hearing will be webcast by the HHSC. Location: Room 311, Cannon Building.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-110 [44 pages in PDF] titled "Draft Information System Security Reference Data Model".

Deadline to submit applications to the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC) to participate by teleconference in its November 7, 2007, meeting. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60000.

Thursday, November 1

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's weekly calendar.

Day one of a two day conference hosted by the Federal Trade Commission (FTC) titled "Ehavioral Advertising: Tracking, Targeting, and Technology". See, FTC release and conference web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 12:00 NOON. Day two of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58108-58109, and Homeland Security Information Network (HSIN) web site. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

8:30 AM - 6:30 PM. Day four 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 Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of the nomination of John Tinder to be a Judge of the U.S. Court of Appeals (7thCir). See, notice. The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

10:00 AM. The House Small Business Committee will hold a hearing titled "Evaluating the Impact of Pending Free Trade Agreements upon U.S. Small Businesses". Location: Room 2360, Rayburn Building.

10:00 AM - 5:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, September 21, 2007, Vol. 72, No. 183, at Pages 54079-54080. Location: NSF, 4201 Wilson Blvd., Room 375, Arlington, VA.

POSTPONED. 11:00 AM. The R&D Credit Coalition will hold a press conference. The speakers will include Sen. Orrin Hatch (R-UT), Rep. David Camp (R-MI), and Rep. Ellen Tauscher (D-CA). See, HR 2138 [LOC | WW], the "Investment in America Act of 2007", a bill to permanently extend the research and development tax credit, and repeal the alternative incremental credit. Location: Room 1116, Longworth Building.

12:00 NOON. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3359 [LOC | WW], the "Mobile Workforce State Income Tax Fairness and Simplification Act of 2007". See, story titled "Summary of Teleworker and Mobile Worker Protection Bills" in TLJ Daily E-Mail Alert No. 1,665, October 30, 2007. The hearing will be webcast by the HJC. See, notice. Location: Room 2237, Rayburn Building.

Effective date of most of the U.S. Patent and Trademark Office's (USPTO) changes to its Trademark Rules of Practice. These rules changes require, among other things, plaintiffs in Trademark Trial and Appeal Board (TTAB) inter partes proceedings to serve on defendants their complaints or claims, and to utilize in TTAB inter partes proceedings a modified form of the disclosure practices included in the Federal Rules of Civil Procedure (FRCP). These rules changes also delete the option of making submissions to the TTAB in CD-ROM form. See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42241-42264.

Extended deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) in response to its Notice of Inquiry (NOI) regarding its Commerce Control List (CCL). See, original notice in the Federal Register, July 17, 2007, Vol. 72, No. 136, at Pages 39052-39053, and revised notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51213-51214.

Extended deadline to submit reply 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.

Friday, November 2

Majority Leader Hoyer's weekly calendar states that "no votes are expected in the House".

Day two of a two day conference hosted by the Federal Trade Commission (FTC) titled "Ehavioral Advertising: Tracking, Targeting, and Technology". See, FTC release and conference web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 6:30 PM. Day five 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.

8:00 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, September 21, 2007, Vol. 72, No. 183, at Pages 54079-54080. Location: NSF, 4201 Wilson Blvd., Room 375, Arlington, VA.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, October 17, 2007, Vol. 72, No. 200, Page 58849-58850. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:30 AM - 3:30 PM. The Securities and Exchange Commission's (SEC) Advisory Committee Meeting on Improvements to Financial Reporting will meet. Location: SEC Auditorium, Room L-002, 100 F St.,  NE.

Sunday, November 4

Daylight savings time ends.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-73-2, titled "Interfaces for Personal Identity Verification". See, part 1 [43 pages in PDF], part 2 [29 pages in PDF], and part 3 [19 pages in PDF].

Monday, November 5

2:00 - 3:30 PM. The U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) will meet. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

2:00 PM. Deadline for petitioner (Quanta Computer) to file its merits brief with the Supreme Court of the US (SCUS) in Quanta Computer v. LG Electronics, a patent infringement case. See, story titled "Supreme Court Grants Certiorari in Patent Exhaustion Case" in TLJ Daily E-Mail Alert No. 1,647, September 27, 2007.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding potential interference unique to the reverse band operating environment in the 17/24 GHz BSS. This FNPRM is FCC 07-76 in IB Docket No. 06-123. See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 46939-46949.

Tuesday, November 6

Election day.

2:30 - 4:30 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Globalization of R&D and Innovation, Pt. IV: Implications for the Science and Engineering Workforce". The witnesses will be Paul Kostek (IEEE-USA), Charles McMillion (MBG Information Services), Harold Salzman (The Urban Institute), and Michael Teitelbaum (Alfred P. Sloan Foundation). The hearing will be webcast by the HSC. Location: Room 2318, Rayburn Building.

Wednesday, November 7

9:00 AM. Day one of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The November 7 portion of the meeting is open. The agenda includes "SEMI Comments: China Rule, VEU, Industry Forecast", "Industry Encryption Presentation", "Range and Standards", "History of Encryption Hardware", "MIMO Technology Overview", "Discussion: Draft Wassenaar Proposals for 2008", and "Discussion: Comprehensive Review of Commerce Control List". (VEU is an acronym for the BIS's validated end user program. See, SEMI's web page on VEU and the PRC. MIMO is an acronym for multiple input multiple output, a 4G antenna technology that is used both in transmission and receiver equipment for wireless radio communication, for VOIP and other applications. See, Nortel's MIMO web page.) This portion of the meeting will also be teleconferenced. Submit applications to participate by teleconference to Yvette Springer at Yspringer at bis dot doc dot gov by October 31, 2007. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60000. Location: Room 4830, Hoover Building, 14th St. between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Matsushita Electric v. Samsung, App. Ct. No. 2007-1156. Location: Courtroom 203.

12:30 - 2:30 PM. The DC Bar Association will host a panel discussion titled "Trade, Investment and Politics". The speakers will include Mario Gustavo Guzmán Saldana (Ambassador of Bolivia to the US), Efrén Cocíos (Ambassador of Ecuador to Permanent Mission to the Organization of American States), Bernardo Álvarez (Ambassador of Venezuela to the US), Rep. Gregory Meeks, (D-NY), Everett Eissenstat (Assistant US Trade Representative for the Americas), Thomas Shannon (Assistant Secretary of State, Bureau of Western Hemisphere Affairs), and Omar Garcia (BG Consulting, Inc.). The price to attend ranges from $5 to $25. For more information, call 202-626-3463. See, notice. This event was previously escheduled for September 13, 2007. Location: Alston & Bird, 950 F St., NW.

1:30 - 4:00 PM. Day one of a three day meeting of the National Science Foundation's (NSF) Mathematical and Physical Sciences Advisory Committee. See, notice in the Federal Register, October 11, 2007, Vol. 72, No. 196, at Page 57966. Location: Room 375, NSF, 4201 Wilson Boulevard, Arlington, VA.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host at seminar titled "Drafting Consumer Contracts" The price to attend is ranges from $25 to $135. Reservations and cancellations are due by 12:00 NOON on November 5. See, registration form [PDF]. This event qualifies for CLE credits. Location: Arnold & Porter, 555 12th St., NW.

6:00 - 8:30 PM. The DC Bar Association will hold a closed event titled "A Practitioner's Guide to the New TTAB Rules". The speakers will include Gerald Rogers (USPTO, TTAB Judge), Linda McLeod (Finnegan Henderson, and former TTAB Judge), and Christianna Lewis (Finnegan Henderson). 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 comments to the Federal Trade Commission (FTC) regarding the overall costs, benefits, and regulatory and economic impact of its Mail or Telephone Order Merchandise Rule (MTOR). See, notice in the Federal Register, September 11, 2007, Vol. 72, No. 175, at Pages 51728-51730.

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