4/1. Federal Communications Commission (FCC) Chairman Kevin Martin gave a speech [4 pages in PDF] in Las Vegas, Nevada, in which he discussed wireless communications.

He discussed the recently closed 700 MHz auction, deployment of wireless broadband services, and wireless networks that are open to devices and applications. He then said that the FCC should dismiss Skype's petition for a declaratory ruling.

He stated that the FCC "worked to create a more open platform on a portion of the 700 MHz spectrum", and that "A network that is more open to devices and applications can help foster innovation on the edges of the network". He also repeated his opposition to mandating broader network neutrality requirements.

He added that "Verizon Wireless has committed to open its entire network to devices and applications of consumers’ own choosing. More and more wireless providers, including T-Mobile and Sprint through their participation in the Open Handset Alliance, and AT&T, are also embracing more openness in terms of devices and applications."

He then said that "In light of the industry’s embrace of a more open wireless platform, it would be premature to adopt any other requirements across the industry. Thus, today I will circulate to my fellow commissioners an order dismissing a petition for declaratory ruling filed by Skype that would apply Carterfone requirements to existing wireless networks."

On February 20, 2007, Skype Communications filed a petition [36 pages in PDF] with the FCC requesting that the FCC "declare that wireless carrier services are subject to the Carterfone principle that consumers have the right to attach any non-harmful device of their choosing to the network and that this, by necessity, includes users' rights to run Internet applications of their choosing."

The petition asks that the Carterfone principle be applied to wireless carriers. However, the petition is also in the nature of a request for application of certain network neutrality principles to wireless carriers that provide broadband internet access.

Skype provides voice of internet protocol (VOIP) applications. See, story titled "Skype Files Petition Requesting that FCC Declare that Carterfone Principles Apply to Wireless Carriers" in TLJ Daily E-Mail Alert No. 1,546, March 5, 2007.

With respect to the failed D Block auction, Martin said that "the FCC is now evaluating its options for this spectrum".

He also stated that "we need to ensure that our enhanced 911 rules provide meaningful automatic location information".

Gigi Sohn, head of the Public Knowledge, expressed disappointment in release with Martin's Skype statement. She said that "The plans announced by one cellular company to be more open to devices and applications are just that -- plans. There are many details yet to be worked out, and consumers may not see the benefits of a fully opened equipment and application wireless service. Whatever benefits do come about may not be known for some time."

She added that "There are no subscribers today in the 700 MHz spectrum block. Any benefits to subscribers in that one small slice of spectrum, to which some open access rules will apply, won’t be known for many years."

3/31. The Copyright Office's (CO) Section 108 Study Group released a report [252 pages in PDF] titled "The Section 108 Study Group Report".

This CO group has twenty members. It is stacked with representatives of universities, libraries, archives, and their allies. However, it also has five publishing industry members, two entertainment industry members, and one software industry member.

This CO group held several public roundtables around the U.S., and reviewed two sets of public comments. The movie and record industries were active in this process, along with text publishers, universities, libraries, archives, and museums.

This massive report contains a library sector wish list of exemptions to liability for copyright infringement. However, this list is tempered by the involvement of several well organized copyright sectors -- especially the movie, music, and software industries. Many other copyright interests would be harmed if the proposals in this report were enacted into law.

17 U.S.C. § 108 is titled "Limitations on exclusive rights: Reproduction by libraries and archives". It provides exemptions from liability for infringement for libraries and archives.

The report contains numerous recommendations for amendment to Section 108. Also, it states that the CO "will propose draft legislation for amending section 108". If enacted, these proposals would greatly expand the ability of libraries, archives, and museums to reproduce, distribute, and perform copyrighted works, without license. It would also enable users of libraries, archives, and museums to make and obtain infringing copies of copyrighted works.

The primary losers would be authors and owners of text and web based copyrighted works.

The proposals would not greatly affect the interests of the music, movie, and interactive games industries. For example, it rejects the idea of creating an exception to the ban on circumvention for Section 108 purposes. It also rejects expanding the scope of affected works to include any of the currently excluded categories of "musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work".

Also, the report's proposals do not contain many things that might have harmed the book publishing industry. For example, it rejects the idea of providing a Section 108 exemption for Google Books type copying. It also contains no legislative proposal to allow abrogation of contract terms in agreements between publishers and libraries for the licensing of digital works. It also rejects an exemption for electronic reserve reading materials at university libraries.

The report asserts that "Section 108 is out of date and in many respects unworkable in the digital environment." It adds that "To ensure that section 108 is workable in the digital environment ... its provisions should be amended to address current technologies in a manner that is fair to rights holders and the users of libraries and archives alike."

While some provisions of Section 108 are out of date, much of what the library sector seeks in this report is the creation of new exemptions to facilitate an expanding mission for libraries. The library sector also seeks greater freedom to copy works in many contexts.

Beneficiaries of Section 108. Section 108 applies to "libraries and archives" and employees acting within the scope of their employment. Neither Section 108, nor Section 101, the definitional section of the Copyright Act, define either "library" or "archive". However, the Act sets forth some minimal criteria for eligibility.

The report recommends that "Libraries and archives should be required to meet additional eligibility criteria. These new eligibility criteria include possessing a public service mission, employing trained library or archives staff, providing professional services normally associated with libraries and archives, and possessing a collection comprising lawfully acquired and/or licensed materials."

This recommendation is notable for what it omits. For example, there is no requirement that the entity possess either a physical building or any physical works, such as books, papers, photographs or drawing. An exempt entity could be entirely virtual, and possess nothing but digital copies of protected works. The "lawfully acquired" requirement would not forestall Section 108 protection for virtual library whose collections consist of unlicensed works which have been acquired lawfully under exemptions provided by Section 108.

However, much later the report states that "Currently there are very few examples of virtual-only libraries and archives that meet the existing and recommended criteria for section 108 eligibility. The Study Group discussed, but did not agree on, whether it is premature to determine if virtual-only libraries and archives should be covered by section 108."

The report recommends that eligible entities should have a "public service mission", whatever that term might mean. Notably, there is no proposal to restrict eligibility to "non-profit", "university", "government" and/or other defined categories.

The report elaborates that "When section 108 was adopted in 1976, there was a shared understanding that libraries and archives were trusted, stable institutions with missions to collect, preserve, and make available materials and resources of cultural or scientific significance. As a result, it was not necessary to explain or define which types of libraries or archives were intended to be covered".

But now, "Widespread use of digital technologies to save and aggregate documents has encouraged the use of the terms ``library´´ and ``archives´´ in a broad sense to include various collections of information in digital form."

Also, Section 108 currently applies only to libraries and archives. It does not extend to museums. The report recommends that Section 108 should be amended to cover museums. However, the report adds that "there was not agreement on the inclusion of for-profit museums."

Outsourcing and Google Books. The report recommends that entities covered by Section 108 be allowed to outsource activities permitted by Section 108, subject to certain limitations. However, it does not go so far as to recommend allowing outsourcing to a commercial entity, such as Google, that will also commercially benefit from the copying.

The report recommends as follows:

"Section 108 should be amended to allow a library or archives to authorize outside contractors to perform at least some activities permitted under section 108 on its behalf, provided certain conditions are met, such as:
   a. The contractor is acting solely as the provider of a service for which compensation is made by the library or archives, and not for any other direct or indirect commercial benefit.
   b. The contractor is contractually prohibited from retaining copies other than as necessary to perform the contracted-for service.
   c. The agreement between the library or archives and the contractor preserves a meaningful ability on the part of the rights holder to obtain redress from the contractor for infringement by the contractor."

Google has a Google Print for Libraries (GPL) program that involves the scanning of books in the collections of large libraries, including the University of Michigan (UM), Oxford, New York Public Library (NYPL), Harvard and Stanford.

The UM has stated that it will make available for scanning all books, including those under copyright. UM wrote in its web site that "We get a copy of the digital files with no significant constraints on our ability to use them in ways that are consistent with copyright law."

On October 19, 2005, five book publishing companies filed a complaint in U.S. District Court (SDNY) against Google alleging that its GPL infringes copyrights. The plaintiffs are McGraw Hill, Pearson Education, Penguin, Simon & Schuster, and John Wiley & Sons. All are members of the Association of American Publishers (AAP). (Wiley, Penguin and the AAP have participated in the Section 108 Study Groups proceedings.) See also, story titled "Major Book Publishers Sue Google for Digitizing Copyrighted Books" in TLJ Daily E-Mail Alert No. 1,237, October 20, 2005.

On September 20, 2005, the Author's Guild and others filed a similar complaint in the same District Court against Google alleging copyright infringement in connection with the same GPL. See, stories titled "Author's Guild Sues Google for Copyright Infringement" in TLJ Daily E-Mail Alert No. 1,218, September 21, 2005, and "University Publishers Accuse Google of Systematic Infringement of Copyright on a Massive Scale" in TLJ Daily E-Mail Alert No. 1,142, May 25, 2005.

See also, story titled "Google, Publishers and Authors Debate Google's Print for Libraries Program" in TLJ Daily E-Mail Alert No. 1,239, October 25, 2005.

Google pled Section 108 as an affirmative defense to allegations of copyright infringement in pending litigation.

Subparts a and b of the above quoted recommendation would preclude Google from claiming a Section 108 exemption.

The just released report recommends that "contractors be contractually prohibited from conducting any section 108 activities on their own behalf or for their own benefit, other than for direct compensation for services. Activities conducted in whole or in part for a business-related purpose of the contractor or where the contractor retains copies for its own purposes are not currently covered under section 108 and should not be covered by any new provision permitting libraries and archives to authorize others to perform the section 108-excepted activities."

The report continues in a footnote that "The Google Books Library Project, in which Google scans books from a partner library’s collections and then retains copies for its own independent business purposes, is an example of the type of activities conducted by a contractor for its own purposes that would not be covered under this recommendation."

The report adds, "State-operated entities performing section 108 activities through the use of contractors should be required to waive or agree not to invoke sovereign immunity, if it is legally possible for the state-operated entity to do so."

Web Site Copying. The report recommends providing Section 108 protection for large scale unlicensed copying and distribution of entire web sites, and software that runs web sites.

It recommends that "A new exception should be added to section 108 to permit libraries and archives to capture and reproduce publicly available online content for preservation purposes, and to make those copies accessible to users for purposes of private study, scholarship, or research."

It adds that "Libraries and archives should be permitted to make the captured content available remotely to their users ..."

Once libraries make copies, and make these remotely available, there is little or nothing that these libraries can or will do to ensure that further copying and distribution does not take place.

Allowing libraries to copy and make available web sites would decrease the traffic to, and hence the revenues of, advertising supported web sites. Moreover, to the extent that libraries make copied content available without ads, users might prefer the libraries' copied versions.

This proposal would also undermine the ability of web site operators to make new content available for free, but sell access to archived content. The archived content might be available for free in library web sites.

The report adds that "Libraries and archives should be prohibited from engaging in any activities that are likely to materially harm the value or operations of the Internet site hosting the online content that is sought to be captured and made available." It does not state how this should be implemented.

The report also states that "Libraries and archives should be required to label prominently all copies of captured online content that are made accessible to users, stating that the content is an archived copy for use only for private study, scholarship, and research and providing the date of capture."

This is notable for what it does not require. There is no requirement that the library reproduce information about authorship or copyright. Thus, it authorizes the creation of what representatives of the library sector call "orphan works". Libraries are lobbying for separate legislation to substantially reduce the ability of rights holders to enforce their copyrights in "orphan works".

The report also states that there should be an opt out procedure for web sites, and a procedure for rights holders to send notices requesting that libraries take down copied web sites.

To the extent that most rights holders would not have the ability to monitor and police copying by hundreds of thousands of libraries, archives and museums, the opt out and notice proposal would not protect the interests of rights holders.

Library User Copying. The report proposes that "Subsection 108(f)(1) should be amended so that nothing in section 108 is construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use by a user of the user’s personal reproducing equipment, provided the library or archives posts notices visible in public areas of its premises stating that the making of a copy may be subject to the copyright law."

That is, libraries would escape liability, either direct or vicarious, when their users come in to their premises with scanning or other copying equipment to copy protected works. So long as the library does not supervise the copying, and posts a "subject to the copyright law" notice in a hallway, no amount of knowledge, encouragement, or assistance could result in library liability.

Interlibrary Loan Programs. The report also proposes converting existing interlibrary loan (ILL) programs for hard copies into another venue for copying and distributing copyrighted works in digital format.

It proposes the amendment of Section 108 to allow libraries to digitally copy a work, and then make ILLs by "electronic delivery of digital copies".

The report acknowledges that "if libraries and archives are permitted to provide electronic copies to users, there is a greatly increased risk that users may further distribute copies of those works, potentially displacing sales", but makes the recommendation nevertheless.

No Expansion of Section 108 for Music and Movies. Currently, Subsection 108(i) provides that Section 108 exemptions do not apply to "musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news".

The report recommends a narrowing, but recommends further study. This protects the interests of the record industry, the movie industry, photographers, and others.

Abrogation of Contracts. The report reflects that libraries wish to continue to contract with content providers, but not be bound by the contracts that they have executed to the extent that they limit library use of licensed content. However, the report does not go so far as to propose legislation abrogating contract terms.

The report states that "The Study Group agreed that the terms of any negotiated, enforceable contract should continue to apply notwithstanding the section 108 exceptions, but disagreed as to whether section 108, especially the preservation and replacement exceptions, should trump contrary terms in non-negotiable agreements."

What then are "non-negotiable agreements"? The report suggests that these include contracts that libraries have negotiated. when the rights holder has "the upper hand" and the offer is "take it or leave it".

The report elaborates that "Libraries and archives now obtain access to many digital materials through license rather than through the purchase of physical copies. Licensing provides significant benefits to libraries and archives in terms of efficiency, flexibility, and storage. At the same time, many librarians and archivists are concerned about those license terms that restrict the ability to use the section 108 exceptions and the increasing predominance of licensed over purchased materials, which could render section largely irrelevant, particularly for licensed, born-digital works."

Circumvention. The report states that "The Study Group discussed proposals to allow the circumvention of TPMs for the purposes of exercising the section 108 exceptions, and while all agreed that the role of libraries and archives in preserving copyrighted works is a matter of national concern, there was not agreement on whether a recommendation in this area was needed and, if so, what kind of recommendation would be appropriate." This protects the interests of the record, movie, interactive games, and software industries.

Online Reserve Reading at Universities. The report states that "The Study Group discussed whether to recommend any changes to the copyright law specifically to address e-reserves and determined not to recommend any such changes at the present time."

Remedies. "The Study Group discussed, but did not agree on, whether section 505 should be amended at this time."

17 U.S.C. § 504 already has an exemption from liability for statutory damages for libraries and archives acting in good faith. The question is whether to carve out another exemption for attorneys fees.

The report also contains numerous other proposals not reviewed in this article.

See also, stories titled "Library of Congress to Examine Digital Copying Under Section 108" in TLJ Daily E-Mail Alert No. 1,318, February 27, 2006, and "Library of Congress Comments Section 108 Exemptions and Book Scanning" in TLJ Daily E-Mail Alert No. 1,321, March 2, 2006.

3/31. The Senate Commerce Committee (SCC) is scheduled to consider S 2607 [LOC | WW] at its executive business meeting on 2:30 PM on April 2, 2008. See, SCC notice.

This would amend Section 3009 of S 1932 (109th Congress) titled the "Deficit Reduction Act of 2005". The Congress enacted and President Bush signed this bill in 2007. It is now Public Law No. 109-171.

Section 3009 pertains to funding for eligible low power (LP) television stations from the Digital Television Transition and Public Safety Fund.

Section 3009 provides that the National Telecommunications and Information Administration (NTIA) "shall make payments of not to exceed $65,000,000, in the aggregate, during fiscal year 2009 from the Digital Television Transition and Public Safety Fund ... to implement and administer a program through which each licensee of an eligible low-power television station may receive reimbursement for equipment to upgrade low-power television stations from analog to digital in eligible rural communities ..." (Emphasis added.)

It adds that "Such reimbursements shall be issued to eligible stations no earlier than October 1, 2010. Priority reimbursements shall be given to eligible low-power television stations in which the license is held by a non-profit corporation and eligible low-power television stations that serve rural areas of fewer than 10,000 viewers." (Emphasis added.)

It also defines the term "eligible low-power television station" to mean " means a low-power television broadcast station, Class A television station, television translator station, or television booster station (1) that is itself broadcasting exclusively in analog format; and (2) that has not converted from analog to digital operations prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005".

S 2607, which the SCC is scheduled to consider, would make two changes. First, it would change "fiscal year 2009" to "fiscal years 2009 through 2012". Second, it would change "no earlier than October 1, 2010" to "on or after February 18, 2009".

Sen. Olympia Snowe (D-MA) introduced this bill on February 7, 2008. She stated then that this bill would "better facilitate the DTV transition for rural Americans by making funds for digital upgrades available sooner to low-power television stations and translators. The reason this is imperative is that we don't want to create another ``digital divide´´ where rural and low-income areas are not able to reap the benefits of digital TV as quickly as their urban counterparts."

She said the under current law, the NTIA cannot make reimbursements until "20 months past the DTV transition deadline of February 2009". This "will inevitably hold up the analog to digital upgrades of low-power TV stations and translators", said Sen. Snowe.  See, Congressional Record, February 7, 2008, at Page S790.

The House will meet at 10:30 AM for morning hour debate and at 12:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. The agenda for the week also again includes consideration of HR 1312 [LOC | WW], the "Arts Require Timely Service Act", or ARTS Act, a bill to amend the Immigration and Nationality Act to expedite employer petitions for aliens of extraordinary artistic ability. See, Rep. Hoyer's schedule for week of March 31.

9:00 AM - 1:00 PM. The Federal Trade Commission's (FTC) Bureau of Consumer Protection will host a roundtable discussion on phishing education. See, notice. Location: FTC: Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 12:00 NOON. The Federal Communications Commission (FCC) will host an event titled "Digital Television (DTV) Consumer Education Workshop". The FCC notice [PDF] states also that this event will focus on "low-income consumers". Location: FCC, Commission Meeting Room, 445 12th, St., SW.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Online Virtual Worlds:  Applications and Avatars in a User-Generated Medium". The witnesses will be Philip Rosedale (CEO of Linden Lab), Susan Tenby (TechSoup), Larry Johnson (CEO of The New Media Consortium), and Colin Parris (IBM). The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Cyber Technology". See, notice. Location: Room H-405, Capitol Building.

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.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing on the Department of Homeland Security's (DHS) National Protection and Programs Directorate FY 2009 budget request and protecting critical infrastructure. The witnesses will include Greg Garcia (Cyber Security and Communications Assistant Secretary), Robert Jamison (National Protection and Programs Directorate Under Secretary), and Robert Stephan (Infrastructure Protection Assistant Secretary). Location: Room 2359, Rayburn Building.

2:00 PM. The House Homeland Security Committee's Subcommittee on Emerging Threats, Cybersecurity and Science and Technology will hold a hearing. The witnesses will include Jay Cohen (DHS, Under Secretary for Science and Technology). Location: Room 211, Cannon Building.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on submission of contributions to CITEL PCC.II. (This is the Organization of American States Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II (PCC.II). See, notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, at Page 10854. Location: FCC, 445 12th St., SW.

6:00 - 9:15 PM. The DC Bar Association will host part one of a two part program titled "Preserving Intellectual Property Rights in Government Contracts Series: A Beginner's Guide". The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. See, notice. This event qualifies for continuing legal education (CLE) credits. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit to the Internal Revenue Service (IRS) applications for membership on the IRS's Electronic Tax Administration Advisory Committee (ETAAC). See, notice in the Federal Register, February 8, 2008, Vol. 73, No. 27, at Pages 7630-7631.

The House will meet at 10:00 AM for legislative business. The agenda for the week also again includes consideration of HR 1312 [LOC | WW], the "Arts Require Timely Service Act", or ARTS Act. See, Rep. Hoyer's schedule for week of March 31.

9:00 AM - 1:45 PM. The American Enterprise Institute (AEI) will host an event titled "The Debate Over Network Management: An Economic Perspective". There will be two panels, and a lunch. The first panel (at 9:15 AM) is titled "Management of Wireline Networks". The speakers will be Robert Crandall (Brookings Institution), Nicholas Economides (New York University), Jonathan Nuechterlein (Wilmer Hale), Jon Peha (Carnegie Mellon University). The second panel (at 10:45 AM) is titled "Management of Wireless Networks". The speakers will be Michael Calabrese (New America Foundation), Hal Singer (Criterion Economics), Christopher Yoo (University of Pennsylvania), and Harold Furchtgott-Roth. Lunch will be served at 12:00 NOON. The speaker will be Thomas Hazlett (George Mason University). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Homeland Security". The witness will be Michael Chertoff. See, notice. Location: Room 216, Hart Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "International Science and Technology Cooperation". The witnesses will be John Marburger (Director of the Office of Science and Technology Policy), Arden Bement (Director of the National Science Foundation), Nina Fedoroff (Department of State), Jeff Miotke (Department of State), and Michael O'Brien (NASA). Location: Room 2318, Rayburn Building.

11:30 AM - 1:00 PM. The Heritage Foundation will host a panel discussion titled "Asia 2008: The View from Capitol Hill". The speakers will be Demetrios Marantis (Chief International Trade Counsel,
Senate Finance Committee), Jonah Blank (Democratic staff, Senate Foreign Relations Committee), Dennis Halpin (Republican staff, House Foreign Affairs Committee, and Dino Teppara (Chief of Staff for Rep. Joe Wilson (R-SC)). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cyberspace Practice Committee will host a brown bag lunch titled "The Future of Voice and Video and Communications in an Internet-Enabled World". The speakers will be Jonathan Askin, Shelly Palmer (Advanced Media Ventures Group), Lowell Feldman (Feature Group IP), John Hane (Pillsbury Winthrop), and Craig Walker (Google). Location: Pillsbury Winthrop, 2300 N St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold an executive business meeting. The agenda includes consideration of S 2607 [LOC | WW], a bill to make amend Section 3009 of S 1932 (a bill enacted in the 109th Congress, now Public Law No. 109-171, titled the "Deficit Reduction Act of 2005"). Section 3009 pertains to funding for eligible low power television stations from the Digital Television Transition and Public Safety Fund. See, notice. Location: Room 253, Russell Building.

Day one of a three day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriot Hotel.

The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". Location: JW Marriot Hotel.

The House will meet at 10:00 AM for legislative business. The agenda for the week also again includes consideration of HR 1312 [LOC | WW], the "Arts Require Timely Service Act", or ARTS Act. See, Rep. Hoyer's schedule for week of March 31.

8:00 AM - 6:00 PM. The National Science Foundation's (NSF) Directorate for Mathematical and Physical Sciences Advisory Committee will meet. See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Page 12472. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of SRes  468, designating April 2008 as National 9-1-1 Education Month, and S 2533 [LOC | WW], the "State Secrets Protection Act". The agenda also includes consideration of Catharina Haynes (to be a Judge of the U.S. Court of Appeals for the 5th Circuit) and Rebecca Ann Gregory (U.S.D.C., E.D. Texas). The SJC rarely follows its published agendas. Most of the above listed agenda items have been on prior agendas. Location: Room 226, Dirksen Building.

2:15 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Mark Davis (U.S.D.C., Eastern District of Virginia), David Kays (U.S.D.C., Western District of Missouri), David Novak (U.S.D.C., Eastern District of Virginia), Stephen Limbaugh (U.S.D.C., Eastern District of Missouri), and Elisebeth Cook (Assistant Attorney General in charge of the Office of Legal Policy). See, notice. Location: Room 226, Dirksen Building.

6:00 PM. Deadline for the winning bidders in Auction 73 to have on deposit with the Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover down payments on their winning bids. See, notice.

6:00 PM. Deadline for the winning bidders in Auction 73 to submit to the Federal Communications Commission (FCC) FCC Forms 601 and 602. See, notice.

6:00 PM. The anti-collusion period for Auction 73 ends. See, notice.

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the Recommended Decision of the Federal-State Joint Board on Universal Service, released on November 20, 2007, regarding comprehensive reform of high cost universal service taxes and subsidies. The FCC adopted this NPRM on January 15, 2008, and released the text on January 29, 2008. It is FCC 08-02 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11587-11591. See also, notice [PDF] of extension (DA 08-674).

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the use of reverse auctions to determine the amount of high cost universal service subsidies provided to eligible telecommunications carriers serving rural, insular, and high cost areas. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-05 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11591-11602. See also, notice [PDF] of extension (DA 08-674).

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the FCC's rules governing the amount of high cost universal service subsidies provided to competitive eligible telecommunications carriers (ETCs). This NPRM also tentatively concludes that the FCC should eliminate the existing identical support rule, which is also known as the equal support rule. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-04 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11580-11587. See also, notice [PDF] of extension (DA 08-674).

Day two of a three day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriot Hotel.

See, Rep. Hoyer's schedule for week of March 31 states that "no votes are expected in the House".

8:00 AM - 3:00 PM. The National Science Foundation's (NSF) Directorate for Mathematical and Physical Sciences Advisory Committee will meet. See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Page 12472. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. The agenda includes digital television transition issues. See, FCC notice and notice in the Federal Register, March 17, 2008, Vol. 73, No. 52, at Page 14249. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

Day three of a three day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriot Hotel.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Voda v. Cordis, App. Ct. No. 2007-1297. Location: Courtroom 201, 717 Madison Place, NW.

EXTENDED FROM MARCH 24. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding pole attachments and 47 U.S.C. § 224. The FCC adopted this NPRM on October 31, 2007, and released the text [40 pages in PDF] on November 20, 2007. This NPRM is FCC 07-187 in WC Docket No. 07-245. See, notice in the Federal Register, February 6, 2008, Vol. 73, No. 25, at Pages 6879-6888, and story titled "FCC Sets Comments Deadlines for Pole Attachments NPRM" in TLJ Daily E-Mail Alert No. 1,714, February 8, 2008. See also, notice of extension in the Federal Register, February 12, 2008, Vol. 73, No. 29, at Page 8028.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding interference protection rights for LPFM stations. The FCC adopted this item on November 27, 2007, and released the text on December 11, 2007. It is FCC 07-204 in MB Docket No. 99-25. See, notice in the Federal Register, March 6, 2008, Vol. 73, No. 45, at Pages 12061-12065, and Public Notice [PDF] (DA 08-531).

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cygnus Telecom v. Telesys Communications, App. Ct. No. 2007-1328, and Cygnus Telecom v. AT&T, App. Ct. No. 2007-1023. Location: Courtroom 201, 717 Madison Place, NW.

The U.S. Court of Appeals (FedCir) will hear oral argument in Luma v. Stryker, App. Ct. No. 2007-1353, a patent infringement case involving endoscopy medical devices -- Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Jang v. Boston Scientific, App. Ct. No. 2007-1385, a patent case involving stent technology. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ricoh v. Quanta Computer, App. Ct. No. 2007-1567. Location: Courtroom 203, 717 Madison Place, NW.

9:00 AM - 4:00 PM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes, among other items, a panel on "approaches and barriers to research partnerships among universities and the private sector" and a "briefing on the 2008 Science and Engineering Indicators developed by the National Science Board". See, notice in the Federal Register, March 25, 2008, Vol. 73, No. 58, at Pages 15755-15756. Location: Room 100, Keck Center of the National Academies, 500 5th St., NW.

9:30 AM. The U.S. Court of Appeals (DC) will hear oral argument in Comcast v. FCC, App. Ct. No. 07-1445. This is Comcast's petition for review of the Federal Communications Commission's (FCC) Memorandum Opinion and Order (MO&O) [20 pages in PDF] released on September 4, 2007, denying Comcast's request for a waiver of the integration ban for set top boxes. See, story titled FCC Denies Comcast's Request for Waiver of Integration Ban in TLJ Daily E-Mail Alert No. 1,636, September 7, 2007. This MO&O is FCC 07-127 in CS Docket No. 97-80. See also, FCC brief [103 pages in PDF]. Judges Ginsburg, Griffith and Silberman will preside. This is the first of three cases on the agenda. Location: 333 Constitution Ave., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Federal Trade Commission Reauthorization". The witnesses will be the five Commissioners of the FTC. See, notice. Location: Room 253, Russell Building.

10:00 AM. The President's Export Council (PEC) will meet. See, notice in the Federal Register, March 12, 2008, Vol. 73, No. 49, at Page 13208. Location: Department of Commerce, Room 4830, 1401 Constitution Ave., NW.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council will meet. See, notice in the Federal Register, March 10, 2008, Vol. 73, No. 47, at Page 12747. Location?

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on submission of contributions to CITEL PCC.II. (This is the Organization of American States Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II (PCC.II). See, notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, at Page 10854. Location: FCC, 445 12th St., SW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Oversight of the DTV Transition". See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host part two of a two part program titled "Preserving Intellectual Property Rights in Government Contracts Series: A Beginner's Guide". The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. See, notice. This event qualifies for continuing legal education (CLE) credits. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

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