Tech Law Journal Daily E-Mail Alert
November 26, 2007, Alert No. 1,679.
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Senate Republicans Write FCC Regarding Cable Regulation

11/26. Sen. Jim DeMint (R-SC), Sen. Kay Hutchison (R-TX), Sen. Gordon Smith (R-OR), and Sen. John Sununu (R-NH) sent a letter to Federal Communications Commission (FCC) Chairman Kevin Martin to oppose "sweeping new regulations on the cable industry that would interfere with the marketplace and potentially undermine both Congressional authority and intent".

The four Senators are members of the Senate Commerce Committee (SCC), which has jurisdiction over communications, and oversees the FCC.

They wrote that "the telecommunications and technology industries in the United States are experiencing unprecedented transformation that is fundamentally changing the way we live our lives. We can access a nearly infinite supply of information with the click of a button and can communicate instantaneously with individuals around the globe."

They continued that this "technological revolution" is changing lives, creating jobs, and driving economic growth.

They argued that "introducing new regulation into this environment, particularly on only one segment of a converging industry, could be disruptive".

They wrote that "If there is to be a fundamental shift or adoption of new regulatory policies, it is up to Congress, not the Commission, to implement it."

House Democrats Write FCC Regarding Multicast Must Carry

11/26. Rep. Anna Eshoo (D-CA), Rep. Jay Inslee (D-WA), Rep. Baron Hill (D-OH), Rep. Hilda Solis (D-CA), Rep. Frank Pallone (D-NJ), Rep. Al Wynn (D-MD), Rep. G.K Butterfield (D-NC) and five other House Democrats sent a letter to Federal Communications Commission (FCC) Chairman Kevin Martin to express their concern regarding "your ongoing support for the imposition of multicast must carry obligations on cable operators".

Reps. Eshoo, Inslee, Hill, Wynn, Pallone, Solis and Butterfield are members of the House Commerce Committee (HCC). Reps. Eshoo, Inslee, Solis, Pallone and Hill are also members of the HCC's Subcommittee on Telecommunications and the Internet (STI).

The wrote that "you have presented no evidence to support your assertion that multicast must carry would promote program diversity and increase programming choices for consumers. In fact, we think it would have the opposite effect by putting additional broadcast channels at the front of the line ahead of the many diverse programming services offered by cable."

They continued that "The government has given the broadcasters spectrum to transmit additional streams of digital programming and established a $1.5 billion digital-to-analog converter box coupon program that will allow any household with a converter box to receive over-the-air any digital multicast programming services that broadcasters choose to create. An additional mandate requiring cable carriage of the broadcasters' multicast signals is unnecessary and unwarranted."

House Commerce Committee Leaders Seek 911 Disability Rules

11/26. Rep. John Dingell (D-MI) and other leaders of the House Commerce Committee (HCC) sent a letter [PDF] to the Federal Communications Commission (FCC) urging it to "resolve ... as expeditiously as possible" its rulemaking proceedings regarding "the lack of equal access to 911 services for individuals who are deaf or hard of hearing".

They wrote that "In light of the public safety implications of these proceedings, the Commission should conclude them expeditiously. We would ask that the Commission complete CG Docket No. 03-123, FCC 05-196, before the end of the year and CG Docket No. 03-123, FCC 06-57, no later than the end of the first quarter of 2008."

The letter was signed by Rep. Dingell, the Chairman of the HCC, Rep. Joe Barton (R-TX), the ranking Republican on the HCC, Rep. Ed Markey (D-MA), the Chairman of the HCC's Subcommittee on Telecommunications and the Internet (STI), and Rep. Fred Upton (R-MI), the ranking Republican on the STI.

Rep. Boehner Writes FCC Regarding Cable Regulation

11/19. Rep. John Boehner (R-OH), the House Republican Leader, sent a letter to the Federal Communications Commission (FCC) regarding regulation of cable companies. He wrote that since consumers now have "more and greater choices in the video programming marketplace as a result of responsible deregulatory policies", now "is not the time to embark on regulatory proposals that run contrary to Congress's intent on these deregulatory policies".

He said that with broadcast, cable, and satellite, and the ongoing "explosion in Internet video and Web sites such as YouTube", consumers have "an unlimited source of content".

"Yet the FCC appears to be considering imposing new mandates on the cable industry. The FCC may even try to invoke authority over the cable industry under an excessively broad reading of the "70/70" provision of the 1984 Cable Act. This provision was not intended to grant the FCC carte blanche to impose other types of regulation. Moreover, it was drafted more than 20 years ago as a mechanism to respond to decreases in sources of content, and that clearly is not a problem today. There also appears to be significant dispute over whether or not the 70/70 trigger has even been met."

He continued that "Deregulatory voice, video, and data policies supported in the past by Congress, the FCC, and the Administration spurred the investment that created the vibrant and innovative video environment we have today. Yet press reports indicate you may even be considering imposing horizontal ownership caps on the cable industry."

District Court Allows Rule 45 Subpoena for Identities of P2P Defendants

11/26. The U.S. District Court (DC) issued an opinion [5 pages in PDF] in Warner Bros. v. Does 1-6, granting the plaintiff records companies their request for a Rule 45 subpoena to obtain from Georgetown University (GU) the identities of Doe defendants, who are alleged by the plaintiffs to use GU's internet access to infringe copyrights.

Warner Bros. (WB) and the other plaintiffs are record companies whose copyrights are violated by users of peer to peer filed distribution systems. WB asserts that it knows that the Does have infringed copyrights and that the Does obtain internet access from GU, but that it does not know their identities. WB filed a complaint in the District Court for the purpose of obtaining discovery pursuant to a Rule 45 subpoena of the identities of the infringing users from GU. The District Court granted WB expedited discovery.

It wrote that "Plaintiffs may serve a Rule 45 subpoena upon Georgetown University to obtain the true identity of each Doe defendant. The subpoena must be limited to information sufficient to identify each defendant, including each defendant’s true name, current and permanent addresses and telephone numbers, email address, and Media Access Control (``MAC´´) address. Any information disclosed to plaintiffs in response to the Rule 45 subpoena may be used by plaintiffs solely for the purpose of protecting plaintiffs' rights as set forth in the complaint."

The District Court further ordered that GU give prior written notice to the Doe defendants, and an opportunity to file a motion to quash a subpoena, before providing responsive information.

GU is a federally funded university. The District Court further held that this discovery is consistent with the Family Educational Rights and Privacy Act (FERPA).

This case is Warner Bros. Records, Inc., et al. v. Does 1-6, U.S. District Court for the District of Columbia, D.C. No. 07-1878 (EGS), Judge Emmet Sullivan presiding.

1st Circuit Issues Order on Rehearing in Maine 271 Case

11/20. The U.S. Court of Appeals (1stCir) issued an Order on Rehearing in Verizon v. Maine PUC, one of a consolidated pair of cases involving Section 271 and state regulation of Regional Bell Operating Companies (RBOCs).

The Court of Appeals issued its opinion on September 6, 2007. See, story titled "1st Circuit Rules Against Maine and New Hampshire PUCs in 271 Case" in TLJ Daily E-Mail Alert No. 1,636, September 7, 2007.

Verizon petitioned for rehearing.

The Court of Appeals wrote that Verizon "asks that we alter our judgment to delete our direction to the district court to make a primary jurisdiction referral to the FCC. Verizon proposes instead that the district court decision be vacated with directions to vacate the Maine PUC orders, leaving the Maine PUC free (as it perhaps already is) to consider any claims relating to the GWI agreement that depend solely on contract." (Parentheses in original.)

This order denies Verizon's request.

This case is Verizon New England, Inc. v. Maine Public Utilities Commission, Stephen Diamond, Sharon Reishus, and Kurt Adams, U.S. Court of Appeals for the 1st Circuit, App. Ct. No. 06-2151, an appeal from the U.S. District Court for the District of Maine, Judge Gene Carter presiding.

More Court News

11/26. The Supreme Court denied certiorari in M2 Software v. Viacom, a trademark case. This lets stand the judgment of the U.S. Court of Appeals (9th Circuit). See, February 28, 2007, unpublished opinion [8 pages in PDF] of the Court of Appeals. This case is M2 Software, Inc. v. Viacom Inc., et al., Sup. Ct. No. 07-202, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit. The Court of Appeals case number is 04-56794. The Court of Appeals heard an appeal from the U.S. District Court (CDCal), D.C. No. CV-98-08734-AHM. See, Orders List [15 pages in PDF] at page 2, and Supreme Court docket.

11/21. The U.S. Court of Appeals (6thCir) issued its opinion [16 pages in PDF] in Popovich v. Sony Music Entertainment, a contract dispute regarding distribution of songs recorded by Michael Aday, including by internet download. Aday, who is also known as "Meat Loaf", recorded several albums, including one titled "Bat Out of Hell". Popovich prevailed in the District Court on a claim that Sony failed to put Popovich's record company logo on four albums, and was awarded over $5 Million in damages. However, the agreement at issue only covered "all forms and configurations ... manufactured" by Sony. The District Court held that this did not cover internet downloads. The Court of Appeals affirmed; internet downloads are not "manufactured". This case is Stephen Popovich v. Sony Music Entertainment, Inc., U.S. Court of Appeals for the 6th Circuit, App. Ct. No. 06-3463 and 06-3464, appeals from the U.S. District Court for the Northern District of Ohio, at Cleveland, D.C. No. No. 02-00359, Judge Solomon Oliver presiding. Judge Boyce Martin wrote the opinion of the Court of Appeals, in which Judges Guy and Clay joined.

11/21. The U.S. Court of Appeals (9thCir) issued its opinion [5 pages in PDF] in J&J Celcom v. AT&T Wireless Services, a contract dispute, in which federal jurisdiction is based upon diversity of citizenship, regarding the sale of interests in partnerships involving cellular telephone businesses. The Court of Appeals disposed of most appeal issues in its December 26, 2006, opinion, which is reported at 481 F.3d 1138. However, the Court of Appeals certified one issue to the Supreme Court of the State of Washington: "Does a controlling partner violate the duty of loyalty to the partnership or to dissenting minority partners where the controlling partner causes the partnership to sell all its assets to an affiliated party at a price determined by a third-party appraisal, when the appraisal and the parties to the transaction are disclosed and the partnership agreement allows for sale of assets upon majority or supermajority vote, but the partnership agreement is silent on the subject of sale to a related party?" The Washington Supreme Court responded in the negative, and hence, the Court of Appeals affirmed the judgment of the District Court. This disposes of the final appeal issue in this case. This case is J&J Celcom, et al. v. AT&T Wireless Services, Inc., et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-35567, an appeal from the U.S. District Court for the Western District of Washington, D.C. No. CV-03-02629-MJP, Judge Marsha Pechman presiding.

People and Appointments

11/26. Sen. Trent Lott (R-MS) announced that he will not run for re-election to the Senate in 2008. He is a member of the Senate Commerce Committee (SCC). See, Sen. Lott's statement.

11/26. Rep. Julia Carson (D-IN) announced that she will not run for re-election to the House in 2008.

11/21. President Bush announced his intent to nominate Douglas Shulman to be Commissioner of Internal Revenue. See, White House release.

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Washington Tech Calendar
New items are highlighted in red.
Tuesday, November 27

The House will not meet. It will return from its Thanksgiving recess on Tuesday, December 4, 2007, at 2:00 PM.

The Senate will meet in pro forma session only. The Senate Democratic leadership is maintaining the procedural fiction that it is not in recess. One consequence of this is that it precludes President Bush from making recess appointments, which would rest upon the procedural fiction that the Senate is unavailable to offer its advice and consent.

8:00 AM - 4:00 PM. Day two of a two day meeting to the Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee (ITSPAC) See, notice in the Federal Register, November 13, 2007, Vol. 72, No. 218, at Pages 63956-63957. Location: DOT, Conference Room 6, Lobby Level, West Building, 1200 New Jersey Ave., SE.

8:30 AM - 5:00 PM. The Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services will hold a meeting regarding its E-Verify program, is an online tool for participating employers to seek information about the employment eligibility of new employees. See, notice in the Federal Register, Federal Register, November 7, 2007, Vol. 72, No. 215, at Pages 62863. Location: Washington Court Hotel, 525 New Jersey Ave., NW.

8:45 - 10:00 AM. The Information Technology and Innovation Foundation (ITIF) will release a paper titled "Can Europe Match US Productivity Growth? The Role of Information Technology". It will also hold a panel discussion. The speakers will include Robert Atkinson (ITIF), Michael Maibach (European-American Business Council), Nigel Nagarajan (European Commission Delegation), and Antonio Calado Lopes (Embassy of Portugal). Breakfast will be served. Location: IBM, Suite 1200, 1301 K St NW (West Tower).

TIME CHANGE. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". See, tentative agenda [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW. The FCC announced on November 20 that this event will be at 9:30 AM. On the morning of November 27, the FCC announced that the meeting will be at 11:00 AM. In the past, in similar situations, the FCC has issued multiple postponements. See also, story titled "FCC Releases Tentative Agenda for November 27 Event" in TLJ Daily E-Mail Alert No. 1,678, November 20, 2007.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Criminal, Regulatory and International Trade Approaches to the Internet Gambling Issue". The speakers will be Samuel Buffone (Ropes & Gray), Raul Herrera (Arnold & Porter), Frank Fahrenkopf (American Gaming Association), Kellie Larkin (Counsel to House Financial Services Committee), Bruce Zagaris (Berliner, Corcoran & Rowe). The price to attend ranges from free to $20. For more information, call 202-626-3488. See, notice. Location: Arnold & Porter, 555 12th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Privacy and Information Security: Emerging Issues for Businesses and Consumers". The speakers will be Robin Campbell (Crowell & Moring), Molly Crawford (FTC's Division of Privacy and Identity Protection), John Parmigiani, Robyn Diaz (MedStar Health), and Sondra Mills (DOJ's Office of Consumer Litigation). The price to attend ranges from $25 to $35. 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 will meet by teleconference. See, notice in the Federal Register, November 1, 2007, Vol. 72, No. 211, at Pages 61827-61828.

2:00 PM. Day one of a two day conference hosted by the American Enterprise Institute (AEI) titled "The History, Impact, and Future of Private Equity: Ownership, Governance, and Firm Performance". At 2:00 PM, Glenn Hubbard (Columbia Business School) will give a speech. At 2:15 PM, Josh Lerner (Harvard Business School) will give a speech titled "Private Equity, Venture Capital, and Modern Capital Markets". At 2:50 PM, there will be a panel titled "Private Equity’s History and Impact on Corporate Governance". The speakers will be Steven Kaplan (University of Chicago), Kenneth Lehn (University of Pittsburgh), John Chapman (AEI), and Alex Brill (AEI). At 4:15 PM, there will be a panel titled "Private Equity’s Impact: Productivity and Labor Market Effects". The speakers will be Steven Davis (University of Chicago), Douglas Cumming (York University), Donald Siegel (UC Riverside), and John Chapman (AEI). At 7:00 PM, Michael Jensen (Harvard Business School) will give the dinner speech. See, notice. Location: AEI, 1150 17th St., NW.

TIME? The National Cable & Telecommunications Association (NCTA), Entertainment Software Association (ESA), and Academy of Interactive Arts & Sciences (AIAS) will host an event titled "Cable & Games Summit". For more information, contact Gabriel Marzonie at 202-222-2430 or gmarzonie at ncta dot com. Location?.

Wednesday, November 28

8:00 AM - 1:15 PM. Day two of a two day conference hosted by the American Enterprise Institute (AEI) titled "The History, Impact, and Future of Private Equity: Ownership, Governance, and Firm Performance". At 8:10 AM, Glenn Hubbard (Columbia Business School) will give a speech. At 8:20 AM, there will be a panel titled "Private Equity’s Impact: Corporate Control, Capital Markets, and Entrepreneurship". The speakers will be Karen Wruck (Ohio State University), Annette Poulsen (University of Georgia), Peter Klein (University of Missouri -- Columbia), and Adam Lerrick (Carnegie Mellon University). At 9:30 AM, there will be a panel titled "European and Global Developments in Private Equity". The speakers will be Mike Wright (Nottingham University Business School), David Ravenscraft (University of North Carolina at Chapel Hill), Adam Lerrick (Carnegie Mellon University), and Nick Schulz (AEI). At 11:10 AM, there will be a panel titled "Practitioner Panel: The View from the Trenches". The speakers will be Brian Simmons (Code Hennessy & Simmons), Tully Friedman (Friedman Fleischer & Lowe), Thomas Putter (Allianz Capital Partners), Rick Rickertsen (Pine Creek Partners), and John Chapman (AEI). At 12:00 PM, David Rubenstein (Carlyle Group) will give the luncheon speech. See, notice. Location: AEI, 1150 17th St., NW.

Deadline to submit reply 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.

Thursday, November 29

9:00 AM - 5:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a symposium titled "Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers". See, DOJ notice and notice in the Federal Register, October 17, 2007, Vol. 72, No. 200, at Pages 58885-58887. The event is free and open to the public, but the DOJ requests pre-registration by November 16. For more information, contact Ashley Becker at 202-514-5835 or Carl Willner at 202-514-5813. Location: Horizon Room, Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Licensing Trade Secrets -- The Forgotten Form of IP". The speakers will be Ronald Bleeker, Michael Holtman, and Michael O'Shaughnessy (all of Finnegan Henderson). 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.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Practice Committee will host a lunch titled "The Economics of Wireless Net Neutrality and Open Access". See, registration form [PDF]. Location: Sidley Austin, 1501 K St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Introduction to Export Controls". The speakers will include Thomas Scott (Weadon & Associates) and Carol Kalinoski. 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.

Friday, November 30

8:30 AM -1:30 PM. The President's Committee on the National Medal of Science will hold a closed meeting selection of the 2007 National Medal of Science recipients. See, notice in the Federal Register, October 15, 2007, Vol. 72, No. 198, at Page 58338. Location: Room 1235, National Science Foundation, 4201 Wilson Blvd., Arlington, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its program access and retransmission consent rules and whether it may be appropriate to preclude the practice of programmers to tie desired programming with undesired programming. The FCC adopted this NPRM on September 11, 2007, and released the text [144 pages in PDF] on October 1, 2007. It is FCC 07-169, in MB Docket No. 07-198. See, notice in the Federal Register, October 31, 2007, Vol. 72, No. 210, at Pages 61590-61603. See also, story titled "FCC Adopts R&O and NPRM Regarding Program Access Rules" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007.

Deadline to submit comments to the Copyright Royalty Judges regarding proposed regulations that set the rates and terms for the use of sound recordings by preexisting subscription services for the period January 1, 2008, through December 31, 2012. See, notice in the Federal Register, October 31, 2007, Vol. 72, No. 210, at Pages 61585-61588.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-82 [157 pages in PDF] titled "2nd Draft Special Publication 800-82, Guide to Industrial Control Systems (ICS) Security".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft NIST IR 7328 [51 pages in PDF], titled "Security Assessment Provider Requirements and Customer Responsibilities: Building a Security Assessment Credentialing Program for Federal Information Systems".

Saturday, December 1

Extended deadline to submit to the Federal Communications Commission (FCC) nominations for seven positions on the Board of Directors of the FCC's Universal Service Administrative Company (USAC). See, notice [PDF].

Monday, December 3

Deadline for states, territories and the District of Columbia to submit to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) their Statewide Communications Interoperability Plans and Investment Justification under the PSIC Grant Program. See, notice in the Federal Register, August 20, 2007, Vol. 72, No. 160, at Pages 46442-46444. See also, story titled "Public Safety Interoperable Communications Grant Applications Due in 30 Days" in TLJ Daily E-Mail Alert No. 1,612, July 19, 2007, and story titled "NTIA Clarifies Deadlines for PSIC Grant Applications" in TLJ Daily E-Mail Alert No. 1,625, August 21, 2007.

2:00 PM. Deadline for respondent (LG Electronics) to file its opposition 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 Notice of Proposed Rulemaking (NPRM) regarding the Emergency Alert System (EAS). The FCC adopted this NPRM on May 31, 2007, and released the text [75 pages in PDF] on July 12, 2007. It is FCC 07-109 in EB Docket No. 04-296. See, notice in the Federal Register, November 2, 2007, Vol. 72, No. 212, at Pages 62195-62198. See also, story titled "FCC Expands EAS Program" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding post-reconfiguration 800 MHz
band plans for the U.S.-Canada border regions. This FNPRM is DA 07-4489 in WT Docket No. 02-55. See, notice in the Federal Register, November 13, 2007, Vol. 72, No. 218, at Pages 63869-63871.

Tuesday, December 4

Hanukkah begins at sundown.

The House will return from its Thanksgiving recess at 2:00 PM.

10:00 AM. The Department of Commerce's (DOC) International Trade Administration (ITA) President's Export Council will meet. See, notice in the Federal Register, November 8, 2007, Vol. 72, No. 216, at Page 63164. Location: DOC, Room 4830, 1401 Constitution Avenue, NW.

12:00 NOON - 4:00 PM. The DC Bar Association will host an event titled "Resolving Commercial Disputes with Chinese Parties: Trends in International Arbitration and WTO". The lunch speaker will be Yu Jianlong, Secretary-General of the China International Economic and Trade Arbitration Commission (CCPIT). There will be a panel discussion of arbitration. The speakers will be Mu Zili (Deputy Secretary-General of CCPIT), Fei Ning (Haiwen & Partners), Patrick Norton (Steptoe & Johnson), and Jean Kalicki (Arnold & Porter). There will also be a panel discussion on the WTO. The speakers will be Claire Reade (Chief Counsel for China Trade Enforcement, USTR), Matthew Yeo (Steptoe & Johnson), Lucille Barale (Georgetown University Law Center), and Mary Michel (McKenna Long & Aldridge). The price to attend ranges from $5 to $35. For more information, call 202-626-3488. See, notice. Location: Arnold & Porter, 555 12th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Survey to Win! How to Successfully Use Surveys in Trademark Litigations". The speakers will be Michael Mazis (American University) and Danny Awdeh (Finnegan, Henderson). The price to attend ranges from $20 to $30. 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 will meet by teleconference. See, notice in the Federal Register, November 1, 2007, Vol. 72, No. 211, at Pages 61827-61828.