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February 5, 2008, Alert No. 1,711.
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Bush Releases FY 2009 Budget Proposal

2/4. President Bush submitted his proposed budget for fiscal year 2009 to the Congress. See, White House press office web page with hyperlinks to relevant documents.

See also, related stories in this issue titled "Bush Releases Proposed Budget and Legislative Proposals for FCC" and "Bush Releases Proposed Budget for USPTO".

NSF. Under President Bush's proposal, the National Science Foundation (NSF) budget would be increased from $6,033 Million in FY 2008 to $6,854 in FY 2009, with the budget for research and related activities being increased from $4,805 Million to $5,594 Million. See, NSF summary and detail [PDF].

DOJ. The Department of Justice (DOJ) budget would be decreased from $22,690 Million in FY 2008 to $20,267 Million in FY 2009. However, the Federal Bureau of Investigation's (FBI) budget would be increased from $6,514 Million to $7,108 Million.

The DOJ's Antitrust Division's budget would be increased from $147,819,000 to $150,591,000.

The President's budget proposal lacks specificity regarding either the investigation or prosecution of intellectual property crimes or cyber or network security crimes. Nor does the proposal disclose a budget for the DOJ's Computer Crimes and Intellectual Property Section (CCIPS).

The budget proposal for the Department of Commerce (DOC) covers many technology related entities, including the USPTO, BIS, NTIA, NIST, and others. See, DOC budget summary and detail [PDF]

Export Controls. Under Bush's proposal, the DOC's Bureau of Industry and Security's (BIS) budget would be increased from $72,855,000 in FY 2008 to $83,676,000 in FY 2009.

The BIS regulates the export of, and other activities related to, dual use items, including software, microprocessors, and encryption products.

NTIA. The DOC's National Telecommunications and Information Administration (NTIA) has responsibilities with respect to the management of spectrum used by federal agencies. It is also an advisor and advocate of the executive branch on domestic and international telecommunications issues. These functions, and funding therefor, remain largely unchanged.

In addition, the NTIA has historically been used in the distribution of grants. Bush's proposal would terminate the Department of Commerce's (DOC) Public Telecommunications Facilities, Planning and Construction Grants ($19 Million for FY 2008), which are administered by the NTIA.

The proposed budget states that "The awarding of new Public Telecommunications Facilities, Planning and Construction grants is proposed for termination in 2009. Since 2000, almost 70 percent of PTFP awards have supported public television stationsí conversion to digital broadcasting, and mandated conversion efforts are now largely completed. Funding for remaining digital conversion and other activities is available from a number of other sources."

NIST. Bush's budget proposal provides that the National Institute of Standards and Technology's (NIST) budget would be increased from $440,517,000 in FY 2008 to $535,000,000 in FY 2009.

The budget proposal states that "As part of the Presidentís 10-year American Competitiveness Initiative to significantly increase Federal funding for basic research in the physical sciences, NIST will target key investments that promote U.S. innovation and industrial competitiveness, including, among other things: expanding NISTís neutron facility to aid in characterizing novel materials in high-growth research fields; improving nanotechnology manufacturing capabilities; enhancing innovation in the biosciences through measurement and standards development related to complex life systems; increasing communications capabilities through research in optical technologies; and enhancing cyber security by developing infrastructure needed to respond to emerging online threats."

Bush's proposal would increase funding for NIST laboratories, but would terminate the NIST's Technology Innovation Program (TIP), which was previously known as the Advanced Technology Program (ATP).

Technology Administration. The Congress eliminated the DOC's Technology Administration in August of 2007 in Section 3002 of HR 2272 [LOC | WW], the "America Competes Act of 2007", which is now Public Law No. 110-69.

Hence, Bush's budget proposal contains no proposed funding for the Technology Administration..

CPB. The President's budget would reduce funding for the Corporation for Public Broadcasting (CPB), and independent entity, from $448 Million in FY 2008 to $200 Million in FY 2009.

Rural Utilities. The President's budget would terminate the Department of Agriculture's (DOA) Community Connect (Broadband) Grants ($13 Million in FY 2008) and Public Broadcast Grants ($5 Million in FY 2008).

It would reduce the DOA's Distance Learning and Telemedicine Grants program from $30 Million in FY 2008 to $20 Million in FY 2008.

FTC. Under President Bush's proposal, the Federal Trade Commission (FTC) budget would be increased from $243,864,000 in FY 2008 to $256,200,000 in FY 2009.

The budget proposal states that this will enable the FTC "to maintain the current performance of its missions", which include both antitrust and consumer protection, including from online fraud.

Funding for the FTC comes from the general fund, Hart Scott Rodino premerger notification filings, and telemarketing fees.

OSTP. Under the President's proposal, the budget for the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) would be increased from $5,184,000 in FY 2008 to $5,303,000 in FY 2009.

PCLOB. The Privacy and Civil Liberties Oversight Board (PCLOB) was created by The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) as a board with the Executive Office of the President (EOP). The Implementing Recommendations of the 9/11 Commission Act of 2007, which President Bush signed into law in August of 2007, converted the board into a separate agency within the executive branch.

The President's budget proposal for the PCLOB for FY 2009 is $2 Million.

Tax Policy. The President's proposed budget also contains several technology related taxation proposals.

First, it proposes to extend the research and experimentation tax credit.

Second, it proposes to repeal the excise tax on local telephone service.

Third, it would permanently extend the deduction for corporate donations of computer equipment for educational purposes.

Reaction. Rep. John Dingell (D-MI), the Chairman of the House Commerce Committee (HCC), issued two releases.

He wrote in one release that the "budget proposal regarding the communications sector offers much of what we have seen in prior years, such as the ill-advised attack on the Corporation for Public Broadcasting and the proposed termination of the Telecommunications Development Fund. In the past, Congress has wisely blocked these attempts, and I suspect Congress will do so again."

He continued that "While the Presidentís proposed budget would increase the Federal Communications Commissionís budget for consumer outreach about the digital television transition, I am concerned about the size of the increase."

He added that "The President has proposed an additional $20 million dollars for educating consumers about digital television. When added to the original $5 million that was allotted by the Republican Congress that enacted this program, this is far too little to educate a nation of 300 million people."

"Television is the primary means by which the public receives news concerning public safety and national security, so public awareness of the digital television transition is critical. If we are truly concerned about the safety and security of our Nation, we should not be attempting this transition on the cheap", said Rep. Dingell.

In a second release, Rep. Dingell stated that "President Bushís request for decreased funding for key Commerce Department programs represents significant disregard for the well-being and productivity of American workers and businesses.  Moreover, these cuts fly in the face of the Commerce Departmentís purported goals of maximizing U.S. competitiveness and promoting innovation."

Rep. Dingell added that "I plan to seek detailed clarification from Commerce Secretary Gutierrez about proposed funding decreases for the Economic Development Administration (EDA) and the National Institute of Standards and Technology (NIST). In my view, such irresponsible cuts will hinder the Nation's capacity to generate robust economic growth."

Rep. Bernie Thompson (D-MS), the Chairman of the House Homeland Security Committee, wrote in a release that Bush's budget proposal "neglects firefighters, police officers, and other emergency service providers who respond to our calls for help by slashing their funding". However, he noted that "The President has finally increased funding to secure federal government information networks after grossly under-funding them for years."

Rep. Bart Gordon (D-TN), the Chairman of the House Science Committee, stated in a release that the proposed budget "proposes an incomplete and short-sighted plan to promote U.S. competitiveness".

Rep. Gordon explained that this "budget boosts funding for basic research at NSF, but doesnít make education a priority". He also opposed elimination of the NIST's Technology Innovation Program.

Rep. Tom Davis (R-VA) praised the President's budget proposal for providing increased funding for implementation of two statutes sponsored by Rep. Davis, the E-Government Act of 2002, and the Federal Information Security Management Act.

Patricia Harrison, head of the CPB, stated in a release that the President's proposed cut to the CPB budget is "draconian".

Bush Releases Proposed Budget and Legislative Proposals for FCC

2/4. President Bush released his budget proposal for the Federal Communications Commission (FCC). It provides for an increase from $313,000,000 in FY 2008 to $338,874,783 in FY 2009. The proposal also includes several policy and legislative proposals.

Bush proposes to eliminate the Anti-Deficiency Act exemption for certain universal service tax and subsidy programs. He also backed the use of reverse auctions in awarding universal service high cost subsidies.

He also advanced several spectrum auction related legislative proposals. See, budget proposal [PDF] for "Other Independent Agencies".

The FCC stated in a release that "The requested FY 2009 funding level would provide funding to conduct an outreach campaign to educate consumers about the impact and benefits of the transition to Digital Television".

It also stated that "the request would allow the Commission to combat waste, fraud, and abuse, in the Universal Service Fund".

And, it stated that the budget proposal would "replace Mobile Digital Direction Finding (MDDF) vehicles that are used to support public safety entities (e.g., emergency responders, police, fire departments) in the resolution of harmful interference to their communications systems; establish a Public Safety Clearinghouse Program that will significantly expand the Commissionís coordination and outreach efforts targeted to the public safety community; consolidate existing licensing systems to improve the Commissionís management and processing of licensing transactions; and strengthen management and oversight of the Commissionís financial and accounting processes."  (Parentheses in original.)

Finally, the FCC stated that "The request would also provide funds to cover mandatory increases in salaries and benefits and inflationary increases for contractual services."

Universal Service. The budget proposal for the FCC states that "The Administration supports Universal Service Fund reforms, such as the use of reverse auctions to allocate High Cost subsidies, that will help ensure subsidies are well-targeted, demonstrate results, and minimize the burden to ratepayers. In addition, the Administration will pursue means to strengthen USF financial and program management, to minimize waste, fraud, and abuse. The programs can be managed successfully consistent with standard financial controls such as the Anti-Deficiency Act, which protect program beneficiaries and ratepayers."

It elaborates that "The Administration strongly opposes provisions that exclude the Universal Service Fund (USF) from the financial management protections provided by the Anti-Deficiency Act and restrict the types of USF reforms that can be considered by the Federal Communications Commission. These provisions unnecessarily increase the risk of financial mismanagement of the Fund and limit reforms that could improve the efficiency of the program and reduce burdens on telephone ratepayers."

Spectrum Auctions. Bush proposed "legislation to extend indefinitely the authority of the Federal Communications Commission to auction spectrum licenses, which expires on September 30, 2011."

He also proposed legislation to provide the FCC "with new authority to use other economic mechanisms, such as fees, as a spectrum management tool. The Commission would be authorized to set user fees on unauctioned spectrum licenses based on spectrum-management principles. Fees would be phased in over time as part of an ongoing rulemaking process to determine the appropriate application and level for fees. Fee collections are estimated to begin in 2008, and total $4.1 billion through 2018."

Bush also proposed legislation "to ensure that spectrum licenses for predominantly domestic satellite services are assigned efficiently and effectively through competitive bidding. Services such as Direct Broadcast Satellite and Satellite Digital Audio Radio Services were assigned by auction prior to a 2005 court decision that questioned this practice on technical grounds. By clarifying through legislation that auctions of licenses for these domestic satellite services are authorized, prior policy of the Federal Communications Commission will be restored. Auction receipts associated with this clarification are estimated to begin in 2008, and total $593 million through 2018."

Finally, Bush proposed "legislation to improve the management of hybrid terrestrial -- satellite mobile communications spectrum licenses by setting a fee on the terrestrial authority of these integrated networks. Under current policy, these licenses are granted free of charge, though providers will compete with terrestrial wireless carriers that have purchased licenses at auction."

The budget proposal continues that "Setting a fee on the Ancillary Terrestrial Component of Mobile Satellite Service licenses will help to ensure that the radio spectrum is put to its most highly valued use by promoting consideration of the economic value of the spectrum, providing incentive for timely and robust network development, and improving equity relative to service providers that purchase their spectrum licenses in auctions."

The budget proposal states that "Receipts associated with this policy are estimated to begin in 2008, and total $1.16 billion through 2018."

Bush Administration Opposes Senate Version of Patent Reform Act

2/4. Nathaniel Wienecke, of the Department of Commerce, sent a letter [6 pages in PDF] to Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), and the other members of the SJC, announcing and explaining the Bush administration's strong opposition to S 1145 [LOC | WW], the "Patent Reform Act of 2007", in its current form.

Also, the U.S. Patent and Trademark Office (USPTO) announced that Jon Dudas, head of the USPTO, will hold a media availability by teleconference on Tuesday, February 5, 2008, at 10:30 AM, to discuss the Bush administration's views on S 1145.

The SJC approved S 1145 on July 19, 2007. However, the full Senate has not yet approved the bill.

The related bill in the House is HR 1908 [LOC | WW], also titled the "Patent Reform Act of 2007". The House passed that bill on September 7, 2007, by a vote of 220-175. See, Roll Call No. 863.

The release states that "The Administration strongly opposes S. 1145 in its current form, but strongly supports passage of balanced patent modernization legislation. Any changes must be carefully considered and balanced to encourage all innovators and business models. The Administration opposes S. 1145 because it does not strike the right balance for all innovators. Unless the provisions limiting inventorsí rights to obtain damages are significantly revised, the Administration believes the resulting harm to the U.S. intellectual property (IP) system would outweigh the billís many useful reforms."

"The Administration continues to strongly support the passage of patent modernization legislation that improves patent quality and reduces litigation costs. In fact, the Administration agrees with many of the billís provisionsó and believes that those provisions pertaining to applicant quality submissions are the only ones that serve to maximize quality in the U.S. IP system. The Administration will continue to work with Congress to enact legislation that will promote innovation throughout all sectors of the economy."

Wienecke's letter states that "The Administration continues to oppose Section 4, ``Right of the Inventor to Obtain Damages.īī Consequently, we continue to oppose S. 1145 -- in its entirety -- unless Section 4 is significantly revised, as we believe the resulting harm to a reasonably well-functioning U.S. intellectual property system would outweigh all the bill's useful reforms."

Bush Releases Proposed Budget for USPTO

2/4. President Bush released his budget proposal for the U.S. Patent and Trademark Office (USPTO). This proposal is part of Bush's proposal for the Department of Commerce (DOC). See, summary and detail [PDF].

The President and Congress have historically employed budgetary smoke and mirrors to the USPTO, under which funding for the USPTO is provided by user fees, with some fees sometimes being diverted to subsidize the rest of the federal government's operations.

Bush's just released budget proposal contains the following language for the USPTO. "For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, [$1,915,500,000] $2,074,773,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during fiscal year [2008] 2009, so as to result in a fiscal year [2008] 2009 appropriation from the general fund estimated at $0: Provided further, That during fiscal year [2008] 2009, should the total amount of offsetting fee collections be less than [$1,915,500,000] $2,074,773,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of [$1,915,500,000] $2,074,773,000 in fiscal year [2008] 2009, in an amount up to $100,000,000, shall remain available until expended:"

That is, under this language, the USPTO is to be funded out of user fees. The President projects a budget of $2,074 Million. However, if fees are less, then the USPTO budget will be so reduced. If fees are over $2,074 Million, then the first $100 Million would go to the USPTO, but any fees above that would be diverted to subsidize the rest of the government, rather than to pay for improved operation of the USPTO.

February Events Outside of Washington DC

February 7-8.

The Computer Law Association (CLA) will host a two day event titled "4th International Asian Conference". See, conference web site. Location: Mumbai, India.

There will be a two day event titled "9th Annual Privacy and Security Conference and Exposition". Hugo Teufel, the Chief Privacy Officer of the Department of Homeland Security, will speak on February 7. See, notice. Location: Victoria Conference Centre, 720 Douglas Street, Victoria, British Columbia, Canada.

February 6-12.

The American Bar Association (ABA) will host an event titled "ABA Midyear Meeting". Location: various venues in Los Angeles, California.

February 7-9.

The American Bar Association's (ABA) Section of Intellectual Property Law (SIPL) will meet. On Friday, February 8 at 9:45 - 10:45 AM the SIPL and the Section of Science and Technology Law will host a panel titled "Can Attorneys Go Undercover: Ethical Issues in Intellectual Property Pretext Investigations". On Saturday, February 9 at 8:30 - 10:00 AM the SIPL will host a panel titled "Protection of Entertainment IP in the Digital Age"; at 10:15 - 11:30 AM there will be a panel titled "Fun IP Issues in Entertainment Law"; and at 1:45 - 5:00 PM there will be two panels titled "IP and Business". See, schedule [PDF]. Location: Beverly Wilshire, Los Angeles California.

Friday, February 8.

1:30 - 3:30 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, NTIA notice and notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Pages 170-171. Location: Department of Commerce, Institute for Telecommunication Sciences, 325 Broadway, Room 1-1103/05, Boulder, Colorado.

February 10-11.

The University of Colorado's Silicon Flatirons Program (SFP) will host a two day conference titled "The Digital Broadband Migration: Information Policy for the Next Administration". See, notice, and details below. Location: University of Colorado, Boulder, Colorado.

Friday, February 22.

7:30 PM. Dinner preceding the "3rd Annual Communications Law & Policy Symposium". Location: Genesee Grand Hotel, 1060 E. Genesee Street, Syracuse, New York.

Saturday, February 23.

The Federal Communications Bar Association's (FCBA) New York Chapter and the Communications Law and Policy Society at Syracuse University College of Law will co-host an event titled "3rd Annual Communications Law & Policy Symposium" and "FCCbook: Evolving Communications Law to Embrace Modern Challenges". The agenda includes panels titled "The Future of Radio", "The Free and Open Internet: 700 MHz and Beyond", "Free Speech as a Global, Human Right", "Disability and Equal Access Issues in Communications Law and Policy", and "Preventing Another Virginia Tech Tragedy: Communications Technology and Public Safety". There will also be tutorials titled "The FCC -- A Year in Review" and "Communications Issues in the 2008 Election". For more information, contact Kelly Bunch at kjbunch at syr dot edu. Location: Genesee Grand Hotel, 1060 E. Genesee Street, Syracuse, New York.

February 24-27.

CompTel will host a four day event titled "Spring 2008 Convention & Expo". See, notice. Location: The Gaylord Opryland, Nashville, Tennessee.

February 26-27.

The Consumer Electronics Association (CEA) will hold a convention titled "Digital Music Forum East". See, conference web site. Location: Museum of Jewish Heritage, 36 Battery Place, New York City, New York.

February 26-29.

The Carter Center will host a four day conference titled "International Conference on the Right to Public Information". See, Carter Center's Access to Information Project web page. Location: Atlanta, Georgia.

Friday, February 29.

9:00 AM - 12:30 PM. The Federal Communications Bar Association's (FCBA) Florida Chapter will host a seminar titled "Recent FCC regulations impacting real estate developer/owner agreements with communications companies". The price to attend ranges from $35-$50. Location: Gray Robinson law firm, 201 North Franklin Street, Suite 2200, Tampa, Florida. There will also be live video conferencing at Gray Robinson's Orlando office, 301 East Pine St., Suite 1400, Orlando, Florida.

Highlights of Silicon Flatirons Conference
Boulder, Colorado
Sunday, February 10.
9:30 - 10:15 AM. Opening speeches by Phil Weiser (SFP), Jonathan Adelstein (FCC Commissioner), and Jonathan Liebowitz (FTC Commissioner).
10:15 - 11:30 AM. Panel titled "The Dynamics of Information Policy". The speakers will be Phil Weiser, Michael Altschul (CTIA), Kathryn Brown (Verizon), Andrew Crain (Qwest), Jonathan Leibowitz (FTC), and Pam Samuelson (UC Berkeley).
11:30 AM - 12:15 PM. Speech by Lawrence Lessig (Stanford law school).
12:15 PM. Lunch.
1:30 - 3:30 PM. Panel titled "Broadband Policy". The speakers will be David Ellen (SVP of Cablevision Systems), Robert Atkinson (Information Technology and Innovation Foundation), Jon Nuechterlein (Wilmer Hale), Howard Shelanski (UC Berkeley law school), Kevin Werbach (Wharton School), Joe Waz (VP, Comcast), and Rick Whitt (Google lobbyist).
3:45 PM. Panel titled "Spectrum and Wireless Policy". The speakers will be Ari Fitzgerald (Hogan & Hartson), Stuart Benjamin (Duke law school), Ellen Goodman (Rutgers School of Law -- Camden), Tim Wu (Columbia University law school), Mark Cooper (Consumer Federation of America), Bryan Tramont (Wilkinson Barker Knauer), and Stephen Williams (U.S. Court of Appeals for the DC Circuit).
Monday, February 11.
8:30 - 8:45 AM. Speech by Ron Binz (Colorado Public Utilities Commission).
8:45 - 10:45 AM. Panel titled "Privacy, Security and Government Surveillance". The speakers will be Paul Ohm (University of Colorado law school), Julie Cohen (Georgetown University law school), Edward Felten (Princeton), Orin Kerr (George Washington University law school), Peter Swire (Ohio State University law school), Scott Charney (Microsoft), Chris Painter (USDOJ), and Lior Strahilevitz (University of Chicago law school).
11:00 - 1:00 PM. Panel titled "Intellectual Property Reform". The speakers will be Natalie Leh (Faegre & Benson), Mark Lemley (Stanford law school), Arti Rai (Duke law school), Chris Sprigman (University of Virginia law school), Brad Feld (Foundry Group and Mobius Venture Capital), Preston Padden (EVP, Disney), and Gigi Sohn (Public Knowledge).
1:00 - 2:15 PM. Lunch. The speaker will be Jim Crowe (CEO of Level 3 Communications).
Tuesday, February 5

The House will not meet. See, Rep. Hoyer's calendar [PDF] for week of February 4.

The Senate will meet at 10:00 AM for morning business. It will then resume consideration of HR 5140 [LOC | WW], the "Recovery Rebates and Economic Stimulus for the American People Act of 2008".

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) will meet. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Page 2458-2459. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Golden Bridge Tech v. Nokia, a patent infringement case, App. Ct. No. 2007-1215, an appeal from the U.S. District Court (EDTex), D.C. No. 2:05-cv-151. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Prism Technologies v. Verisign, a patent infringement case involving hardware keys for authentication over networks, App. Ct. No. 2007-1315. This is an appeal from the U.S. District Court (DDel), D.C. No. CA 05-214-JJF. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Nazomi Communications v. ARM, a patent infringement case, App. Ct. No. 2007-1190. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee will meet to prepare advice on U.S. positions for the April 2008 meeting of the Organization of American States (OAS) Inter-American Telecommunication Commission (CITEL) Permanent Consultative Committee II (Radiocommunication including broadcasting) (PCC.II) and on various matters associated with the Asia-Pacific Economic Cooperation (APEC). See, notice in the Federal Register, January 16, 2008, Vol. 73, No. 11, at Page 2978. Location: Room 6B516, Federal Communications Commission (FCC), 445 12th St., SW.

10:30 AM. Jon Dudas, head of the U.S. Patent and Trademark Office (USPTO) will hold a media availability to discuss Bush administration's views on S 1145 [LOC | WW], the "Patent Reform Act of 2007". The number is 800-779-8694; the code is #35841. See, USPTO notice.

1:00 - 4:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by conference call. See, notice in the Federal Register, January 24, 2008, Vol. 73, No. 16, at Page 4132.

Wednesday, February 6

The House will meet at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider S 781 [LOC | WW], the "Do-Not-Call Registry Fee Extension Act of 2007". See, Rep. Hoyer's calendar [PDF] for week of February 4.

8:00 AM - 12:00 NOON. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) will meet. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Page 2458-2459. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

8:30 AM - 5:30 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will jointly host a public workshop titled "2008 International Technical Assistance Workshop: Charting the Future Course of International Technical Assistance at the U.S. Department of Justice and the Federal Trade Commission". See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 1:30 PM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will host a "summit on issues relating to the deployment and use of Next Generation 911 technology and the coordination of those efforts among Public Safety Answering Points, the telecommunications industry and manufacturers". See, notice [PDF] and registration page. Location: Commission Meeting Room, FCC,  445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in LSI Industries v. Imagepoint, a patent infringement case, App. Ct. No. 2007-1292. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in O2 Micro International v. Beyond Innovation Technologies, a patent infringement case, App. Ct. No. 2007-1302. This is an appeal from the U.S. District Court (EDTex), D.C. No. 2-04-CV-32 (TJW). See, District Court's March 21, 2007, Memorandum Opinion and Order [PDF]. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ampex v. Eastman Kodak, a patent infringement case, App. Ct. No. 2007-1089. This is an appeal from the U.S. District Court (DDel), D.C. No. 04-1373-KAJ. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Metropolitan Life v. Bancorp, App. Ct. No. 2007-1312. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The Federal Bar Association (FBA) will host an event titled "The 9/11 Act -- Overview and Authorities". The price to attend ranges from $10-$15. See, registration page. Location: Transportation Security Administration (TSA), Town Hall, 601 S. 12th St., Arlington, VA.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Cyberspace and International Practice Committees will host an event titled "Broadband Deployment and Take-up: What Are the Experiences of Various Countries?" This event offers continuing legal education (CLE) credits. See, notice and registration page. The price to attend ranges from $25 to $135. Registrations are due by 5:00 PM on February 4. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

TIME? Day one of a two day closed meeting of the Department of Defense's (DOD) Defense Science Board. The DOD has not disclosed the agenda. See, notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Pages 173-174. Location: Pentagon, Arlington, VA.

Thursday, February 7

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's calendar [PDF] for week of February 4.

8:30 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting titled "The Implications of Sovereign Wealth Fund Investment on National Security". See, notice in the Federal Register, January 22, 2008, Vol. 73, No. 14, at Pages 3804-3805. Location: Room 562, Dirksen Building, Capitol Hill.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight Hearing of the Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Gammino v. Southwestern Bell, one of several related patent infringement cases involving an algorithm for blocking international telephone calls. This appeal, App. Ct. No. 2007-1201, is from the U.S. District Court (NDTex), D.C. No. 3:2005cv00850, which entered summary judgment for Southwestern Bell (AT&T). See, 512 F.Supp.2d 626. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Avocent Huntsville v. Aten International, a patent infringement case, App. Ct. No. 2007-1553. This is an appeal from the U.S. District Court (NDAlab). Location: Courtroom 203, 717 Madison Place, NW.

TIME? Day two of a two day closed meeting of the Department of Defense's (DOD) Defense Science Board. The DOD has not disclosed the agenda. See, notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Pages 173-174. Location: Pentagon, Arlington, VA.

Friday, February 8

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's calendar [PDF] for week of February 4.

11:00 AM. The House Judiciary Committee's (HJC) Task Force on Antitrust and Competition Policy will hold a hearing titled "Hearing on the State of Competition on the Internet". See, notice. Location: Room 2141, Rayburn Building.

Monday, February 11

10:00 AM. Deadline for all parties except foreign governments to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in making Special 301 identifications of countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, story titled "OUSTR Seeks Special 301 Comments on Countries that Deny Adequate IPR Protection" in TLJ Daily E-Mail Alert No. 1,703, January 22, 2008, and notice in the Federal Register, January 16, 2008, Vol. 73, No. 11, at Pages 2958-2959.

Deadline to submit initial comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the meaning of the Copyright Act's term "cable system", and issues related to the phantom signal phenomenon. See, notice in the Federal Register, December 12, 2007, Vol. 72, No. 238, at Pages 70529-70540, and story titled "Copyright Office Issues Notice of Inquiry Regarding Cable Systems" in TLJ Daily E-Mail Alert No. 1,688, December 13, 2007.

Deadline to submit comments to the Office of the Director of National Intelligence (ODNI) in response to its notice of proposed rulemaking regarding ODNI policies for collecting and maintaining personally identifiable records and processes for administering requests for records under the Privacy Act of 1974, which is codified at 5 U.S.C. ß 552a(b). See, notice in the Federal Register, January 2, 2008, Vol. 73, No. 1, at Pages 113-125. These proposed rules allow for the disclosure of information to courts, government agencies, Congress, any Congressional committee or subcommittee, and a consumer reporting agency (in accordance with 31 U.S.C. ß 3711(e)). These proposed rules also enumerate numerous exemptions of records systems under the Privacy Act.

Tuesday, February 12

Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee. See, notice in the Federal Register, January 11, 2008, Vol. 73, No. 8, at Page 2058. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

1:00 - 4:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by conference call. See, notice in the Federal Register, January 24, 2008, Vol. 73, No. 16, at Page 4132.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host an event titled "FCC Equal Employment Opportunity (EEO) Rules". This event offers continuing legal education (CLE) credits. The speakers will be Larry Walke (NAB), Lewis Pulley (FCC, Media Bureau, Policy Division), and David Honig (Minority Media and Telecommunications Council). The price to attend ranges from $25 to $135. Location: Wiley Rein, 1776 K St., NW.

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