Tech Law Journal Daily E-Mail Alert
Friday, November 2, 2007, Alert No. 1,668.
Home Page | Calendar | Subscribe | Back Issues | Reference
FCC Adopts 2nd Report and Order on Video Franchising

10/31. The Federal Communications Commission (FCC) adopted, but did not release, a Second Report and Order concerning video franchising.

The FCC adopted its original Report and Order and Further Notice of Proposed Rulemaking on December 20, 2007. See, story titled "FCC Adopts Order Affecting Local Franchising Authorities" in TLJ Daily E-Mail Alert No. 1,510, December 27, 2006. The FCC released the text [109 pages in PDF] on March 5, 2007. See, story titled "FCC Releases Text of Video Franchising Order and Further NPRM" in TLJ Daily E-Mail Alert No. 1,548, March 7, 2007. That item is FCC 06-180 in MB Docket 05-311.

The first order applied only to competitive entrants. It did not extend to incumbent cable operators.

FCC Chairman Kevin Martin wrote in a statement [PDF] that "In our prior order in this docket, the Commission took action to remove regulatory barriers to competition in the video marketplace". He continued that "Our findings in that order only applied to new entrants."

"In today's item we find that some of the Commission's findings in that order apply equally to incumbent providers as they do to new entrants." However, he added that "It is important to emphasize that today’s order in no way gives incumbents a unilateral right to breach their existing contractual obligations."

FCC Commissioners Robert McDowell and Deborah Tate also supported this item.

FCC Commission Michael Copps, who dissented from the FCC's first video franchising order last December, wrote in his statement [PDF] that "I dissent to today’s item because I believe the legal and factual justifications for this new decision -- concerning the negotiations between existing franchise holders and local governments -- are even weaker. And they are even more contrary to good government. If our previous decision was a body blow to the principle of federalism, today’s decision is the coup de grace."

Michael CoppsCommissioner Copps (at right) also wrote, "Nor could I find sufficient justification in the plain language of the statute for the FCC to insert itself into the franchise negotiation process."

The FCC is basing its video franchising actions upon Section 621 of the Communications Act of 1934, as amended by the Cable Television Consumer Protection and Competition Act of 1992.

This section is codified at 47 U.S.C. § 541. Subsection (a)(1) provides that "A franchising authority may award, in accordance with the provisions of this subchapter, 1 or more franchises within its jurisdiction; except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision pursuant to the provisions of section 555 of this title for failure to comply with this subsection."

FCC Commissioner Jonathan Adelstein also dissented from this and the first order. He wrote in his statement [PDF] that this item adds "further disruption, confusion and complication to the operation of the local franchising process. Similar to its predecessor order, the instant Order’s attempt to provide comparable regulatory relief to incumbent cable operators is arbitrary and capricious."

The FCC issued a short release on October 31 that describes its just adopted second order. It enumerates numerous findings.

It states that the FCC "Found that the Commission's findings in the First Report and Order that certain specified costs, fees, and other compensation required by local franchising authorities must be counted toward the statutory five percent cap on franchise fees, should be extended to incumbents".

The FCC's release also states that the FCC found that "many" of its "determinations relating to public, educational, and governmental (``PEG´´) and institutional networks (``I-Nets´´) should be extended to incumbents".

The FCC's release also states that the FCC found that its "findings in the First Report and Order regarding mixed-use networks also apply equally to incumbents and new entrants, and should be extended to incumbents."

The FCC's release also states that the FCC found that "other provisions of the First Report and Order, regarding build-out and time limits for franchise negotiations, are only applicable to new entrants.

The FCC's release also states that the FCC found it "cannot preempt local or state cable customer service requirements, nor can it prevent local franchising authorities and cable operators from agreeing to more stringent standards."

Finally, the FCC's release states that these findings will be effective 30 days after publication of a notice in the Federal Register.

This item is FCC 07-190 in MB Docket No. 05-311.

FCC Extends LNP Requirements to Interconnected VOIP

10/31. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order, Declaratory Ruling, Order on Remand, and Notice of Proposed Rulemaking that, among other things, extends the FCC's local number portability (LNP) rules to interconnected voice over internet protocol (VOIP) providers and the telecommunications carriers that obtain numbers for them.

The FCC issued a short release [PDF] that describes this item. It also states that the order portion of this item provides that "telephone companies may not obstruct or delay number porting by demanding excess information from the customer’s new provider".

The FCC's release states that this item concludes that "LNP validation for a simple number port should be based on no more than four fields: (1) 10-digit telephone number; (2) customer account number; (3) 5-digit zip code; and (4) pass code, if applicable."

The FCC's release states that this item "tentatively concluded that it should require the industry to complete simple ports in 48 hours."

Robert McDowellFCC Commissioner Robert McDowell (at left) wrote in his statement [PDF] that "In this world of converging telecommunications technologies, it is vital that the Commission ensure that our regulations do not favor one type of service provider over another and that consumers are empowered to choose among all the services these new technologies offer."

He added that this item "fosters regulatory parity. Because VoIP services are increasingly becoming a substitute for traditional telephone service in the marketplace, it is critical that we extend local number portability obligations to those service providers. Just as we have previously required interconnected VoIP providers to comply with obligations for E911, universal service, customer proprietary network information protections and disability access, extending our local number portability requirements levels out the regulatory landscape even further."

This item is FCC 07-188 in the FCC's proceedings numbered WC Docket No. 04-36 (the FCC's huge omnibus IP-enabled services proceeding), CC Docket No. 95-116 (LNP proceeding), CC Docket No. 99-200, and 07-244.

4th Circuit Rules in Pole Attachments Case

10/31. The U.S. Court of Appeals (4thCir) issued its opinion [16 pages in PDF] in Time Warner v. Carteret-Craven, a pole attachments case in which the Court of Appeals affirmed the judgment of the District Court for the electric utility company.

Carteret-Craven Electric Membership Corporation is an electric utility in the state of North Carolina. It owns poles. Time Warner Entertainment (TWE) is a cable company that is entitled to attach cable to utility poles. Carteret-Craven demanded payment from TWE of $20 per pole, well above the rate set by the Federal Communications Commission (FCC)

The federal Pole Attachments Act, which is codified at 47 U.S.C. § 224, provides that the FCC "shall regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are just and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions".

It defines "pole attachment" as "any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, or right-of-way owned or controlled by a utility".

It defines "utility" as "any person who is a local exchange carrier or an electric, gas, water, steam, or other public utility, and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for any wire communications".

However, it excepts "any person who is cooperatively organized, or any person owned by the Federal Government or any State". Carteret-Craven EMC is an exempt cooperative. Hence, TWE has no recourse under the federal statute.

TWE filed a complaint in U.S. District Court (EDNC) against Carteret-Craven alleging both violation of a North Carolina statutory duty imposed on electric cooperatives to charge only reasonable and nondiscriminatory rates, and a North Carolina common law duty as an electric utility to charge only reasonable and nondiscriminatory rates. Federal jurisdiction was based upon diversity of citizenship.

The District Court dismissed both claims pursuant to Rule 12(b)(6) for failure to state a claim. TWE brought the present appeal. However, it only appealed the dismissal of the common law claim.

The Court of Appeals affirmed. It held that under North Carolina law, the "common law duty requiring an electric public utility to charge reasonable and nondiscriminatory rates for electric service does not clearly apply to pole-attachment agreements". As a federal court, exercising diversity jurisdiction over a state law claim, the Court of Appeals declined to extend state common law.

However, the Court of Appeals added that "We appreciate, with genuine sympathy to Time Warner’s argument, the efficiency that Time Warner seeks to effect by using existing electric utility poles for the distribution of its cable service. Indeed, this efficiency is precisely the reason for Congress' enactment of the Pole Attachment Act. But Congress specifically excluded cooperatives. The proposed pole-attachment agreement between Time Warner and Carteret-Craven Electric must, we conclude, be reached through private negotiation, if at all. And if any regulation or compulsion is to be applied to pole-attachment agreements, it should be done by the North Carolina legislature, the North Carolina Utilities Commission, the North Carolina state courts, or indeed, Time Warner’s fellow cooperative members, but not by us."

This case is Time Warner Entertainment - Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corporation, U.S. Court of Appeals for the 4th Circuit, App. Ct. No. 06-1974, an appeal from the U.S. District Court for the Eastern District of North Carolina, at Greenville, D.C. No. 4:05-cv-00146-D, Judge James Dever presiding. Judge Niemeyer wrote the opinion of the Court of Appeals in which Judges Michael and Ellis joined.

More FCC News

10/31. The Federal Communications Commission (FCC) had placed on the agenda for its event on October 31, 2007, adoption of a Notice of Proposed Rulemaking (NPRM) regarding changes to its implementation of 47 U.S.C. § 224, which provides that the FCC "shall regulate the rates, terms, and conditions for pole attachments". The FCC removed this item from its agenda. This is FCC's proceedings numbered RM-11293 and RM-11303.

10/31. The Federal Communications Commission (FCC) held a hearing titled "Localism Hearing". All five Commissioners spoke. See, statement [PDF] of Kevin Martin, statement [PDF] of Michael Copps, statement [PDF] of Jonathan Adelstein, statement [PDF] of Deborah Tate, and statement [PDF] of Robert McDowell.

President Bush Discusses FISA Reform

11/1. President Bush gave a speech in Washington DC in which he discussed, among other topics, legislation to reform the Foreign Intelligence Surveillance Act (FISA).

He said that the "Congress has also failed to act on intelligence legislation that is vital to protect the American people in this war on terror. Stopping new attacks on our country requires us to make sure we understand the intentions of the enemy. We've got to know what they're thinking and what they're planning. And that means we got to have effective measures to monitor their communications."

"This summer, Congress passed the Protect America Act, which strengthened our ability to collect foreign intelligence on terrorists overseas and this good law closed a dangerous gap in our intelligence. Unfortunately, they made this law effective for only six months. The problem is that al Qaeda doesn't operate on a six-month timetable. And if Congress doesn't act soon, the law will expire -- and the gap in our intelligence will reopen, and the United States of America will be at risk", said President Bush.

The Protect America Act (PAA) is S 1927 [LOC | WW]. It was enacted into law in August of this year, but has a six month sunset. President Bush backs extension of this bill.

The bill that the House passed in October, which President Bush vehemently opposes, is HR 3773 [LOC | WW], the "Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007" or RESTORE Act.

President Bush continued that "We must keep the intelligence gap firmly closed. If terrorists are communicating with each other and are plotting new attacks, we need to know what they're planning. We must ensure that the protections intended for the American people are not extended to terrorists overseas who are plotting to harm us. And we must grant liability protection to companies who are facing multibillion-dollar lawsuits only because they are believed to have assisted in the efforts to defend our nation following the 9/11 attacks."

He also said that "The Senate Intel Committee has approved a bipartisan bill that contains provisions to preserve our ability to collect intelligence on terrorists overseas, while protecting the civil liberties of Americans here at home. This bill still needs some improving, but it's an important step in the right direction. Time is of the essence, and the full Senate and the House of Representatives need to pass a good bill and get it to my desk promptly so our intelligence professionals can continue to use the vital tools of the Protect America Act to keep us safe."

The bill that the Senate Intelligence Committee (SIC) marked up on October 18 and reported on October 26 is S 2248 [LOC | WW | PDF], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007".

The Senate Judiciary Committee (SJC) has put this bill on the agenda for its executive business meeting on November 8. However, the SJC rarely adheres to its published agenda.

"It's no time for Congress to weaken our ability to intercept information from terrorists about potential attacks on the United States of America", said President Bush.

He stated at a news conference at the White House on November 1, 2007, that "the Protect America Act is set to expire. If it were to expire it would create an intelligence gap that, in my judgment, would jeopardize the security of the country. I call upon -- and I give credit that the Senate Intel Committee has moved a bill that is a very good start -- and that in my speech I call upon Congress to get a good bill to my desk quickly, so that an intelligence gap does not arise."

More News

11/1. The U.S. Court of Appeals (4thCir) issued its unpublished opinion [17 pages in PDF] in Final Analysis Communication Services v. General Dynamic, a contract dispute regarding the design, construction, and financing of satellite based data and communication services. The Court of Appeals affirmed in part, and reversed in part, the judgment of the District Court. This case is Final Analysis Communication Services, Inc. v. General Dynamic Corporation, et al., U.S. Court of Appeals for the 4th Circuit, App. Ct. Nos. 06-1520 and 06-1553, appeals from the U.S. District Court for the District of Maryland, at Greenbelt, D.C. No. 8:03-cv-00307-PJM, Judge Peter Messitte presiding.

11/1. The Copyright Office (CO) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (November 1, 2007) for, its rules changes regarding applications for registration of claims for renewal term of copyright. See, Federal Register, November 1, 2007, Vol.72, No. 211, at pages 61801-61806.

11/1. The Department of Justice's (DOJ) Antitrust Division published in its web site copies of key pleadings in U.S. v. AT&T and Dobson. This proceeding is the mechanism by which the DOJ approves AT&T's acquisition of Dobson Communications Corporation, subject to divestitures. See, Complaint (filed October 30, 2007), Competitive Impact Statement, proposed Final Judgment, and proposed Preservation of Assets Stipulation and Order. See also, story titled "DOJ Requires Divestitures in AT&T's Acquisition of Dobson" in TLJ Daily E-Mail Alert No. 1,666, October 31, 2007. This case U.S. v. AT&T, Inc. and Dobson Communications Corporation, U.S. District Court for the District of Columbia, D.C. No. 1:07-CV-01952, Judge Rosemary Collyer presiding.

People and Appointments

11/1. Kyle Dixon joined the Washington DC office of Kamlet Shepherd & Reichert, a Denver, Colorado based law firm. He previously worked for the law firm of Wilmer Hale. Before that, he worked for the Progress & Freedom Foundation (PFF), a Washington DC based free market oriented think tank. Before that, he was a long time employee of the Federal Communications Commission (FCC). He was, among other things, legal advisor to former FCC Chairman Michael Powell, and broadband policy advisor to Powell. While at the PFF, he worked on the PFF's Digital Age Communications Act (DACA) project, and co-authored its various legislative proposals. He also wrote a paper in June 2006 titled "Rhetoric vs. Reality: Lessig on Network Neutrality", and a paper [11 pages in PDF] in July of 2006 titled "Beginning to Limit ``Social´´ Regulation of Communications". The Washington DC office of Kamlet Shepherd is also home to two other former PFF persons, Jim DeLong and Ray Gifford.

11/1. Brock Meeks joined the Center for Democracy and Technology (CDT) as Director of Communications. He replaces David McGuire. Meeks previously was chief Washington correspondent for MSNBC.com. Before that, he was the Washington correspondent for Wired magazine and its online counterpart, HotWired

Washington Tech Calendar
New items are highlighted in red.
Friday, November 2

The House will not meet. It will next meet at 12:30 PM on Monday, November 5.

The Senate will meet at 10:00 AM for morning business.

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.

CANCELLED. 1:00 PM ET. Ambassador Richard Russell, head of the U.S. Delegation to the World Radiocommunication Conference (WRC), will hold a news conference by teleconference. The dial in number is 1-800-857-4133 The pass code is 52707. Anne Jillson will be the Department of State's call leader.

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

The House will meet at 12:30 PM.

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.

10:00 AM. The Senate Judiciary Committee (SJC) will meet to consider the nomination of Michael Mukasey to be the Attorney General. Location: Room 226, Dirksen Building.

10:00 AM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee Federal Workforce, Postal Service, and the District of Columbia will hold a hearing titled "Telework: Breaking New Ground". Location: Room 2154, Rayburn Building.

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 - 10:15 AM. The Alliance or Public Technology (APT) will host an event titled "Broadband Initiatives: Enhancing Lives & Transforming Communities". 19 case studies will be released. RSVP to rsvp at apt dot org or 202-263-2970. A light breakfast will be served. Location: Room B340, Rayburn Building.

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.

Thursday, November 8

8:00 AM - 6:00 PM. Day two 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.

9:00 AM. Day two 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 8 portion of the meeting is closed to the public. The agenda is secret. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60000. Location: Room 4884, Hoover Building, 14th St. between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Localism, Diversity and Media Ownership". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 2248 [LOC | WW], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007", and S 352 [LOC | WW], the "Sunshine in the Courtroom Act of 2007". The agenda also includes consideration of several judicial nominees: Joseph Laplante (to be a Judge of the U.S. District Court for the District of New Hampshire), Reed 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, agenda. The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. The meeting will be partially closed. The agenda for the open portion of the meeting includes "an overview of NSTAC's investigation of identity management and emergency communications interoperability for national security and emergency preparedness communications". The agenda of the closed portion of the meeting includes a discussions and votes on an "investigation of the global network infrastructure environment" and an "investigation of commercial systems' reliance on global positioning systems for network timing synchronization". See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58110-58111.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Litigate a Patent Infringement Case". The speakers will be Patrick Coyne and Jerry Ivey (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 Office of the U.S. Trade Representative (USTR) to assist it in preparing its annual report titled "National Trade Estimate Report on Foreign Trade Barriers". See, notice in the Federal Register, August 29, 2007, Vol. 72, No. 167, at Pages 49745-49746.

Friday, November 9

8:00 AM - 3:00 PM. Day three 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 1235, NSF, 4201 Wilson Boulevard, Arlington, VA.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-61 Revision 1 [147 pages in PDF] titled "Draft Computer Security Incident Handling Guide".

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.