5/29. The U.S. Court of Appeals (10thCir) issued its opinion [28 pages in PDF] in Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, affirming the District Court's summary judgment for the defendants on claims of trademark infringement, unfair competition, and cybersquatting.

The Utah Lighthouse Ministry (UTLM) and its founders are critics of the Church of Jesus Christ of Latter-day Saints, which is also known as the LDS Church and Mormon Church. The Foundation for Apologetic Information and Research (FAIR) and its VP and webmaster, Allen Wyatt, defend the Church.

Both the UTLM and FAIR operate web sites that sell books. Moreover, they sell many of the same books.

The Court of Appeals opinion states that "Wyatt created a website parodying the UTLM website". It was critical of the UTLM. It carried no advertising. However, it hyperlinked to FAIR's main web site, which sells books. Wyatt also registered domain names similar to "Utah Lighthouse Ministry", including utahlighthouse.com and utahlighthouse.org. The defendants have since ceased publication of the offending web site, and transferred domain names to the UTLM.

UTLM had not registered its trademark at the time it filed its complaint.

The UTLM filed a complaint in U.S. District Court (DUtah) against FAIR, Wyatt and others pleading various intellectual property and competition law claims. The District Court granted summary judgment to the defendants. The three counts at issue on appeal are trademark infringement and unfair competition in violation of 15 U.S.C. § 1125(a), and cybersquatting in violation of 15 U.S.C. § 1125(d).

The Court of Appeals affirmed.

§ 1125(a)(1)(B), which is also known as § 43 of the Lanham Act, provides that "Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which ... in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities ... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act".

The Court of Appeals held that UTLM's trademark infringement and unfair competition claims fail for three reasons.

First, it held that UTLM had not registered its trademark, so it had to show that its mark had acquired secondary meaning. However, it concluded that UTLM failed to present sufficient evidence to enable a reasonable jury to find that the mark had acquired a secondary meaning.

Second, it held that the defendants did not use the mark "in connection with any goods or services".

It should be noted that other courts have held that a web site that links to commercial web sites is itself commercial. See, for example, 2001 opinion of the U.S. Court of Appeals (4thCir) in People for the Ethical Treatment of Animals v. Doughney, a cybersquatting case which is also reported at 263 F.3d 359. See also, story titled "4th Circuit Affirms Judgment Against Parody Web Site Operator" in TLJ Daily E-Mail Alert No. 256, August 24, 2001.

Third, the Court of Appeals held that there was no likelihood of confusion.

It applied the 10th Circuit's six part test for analyzing likelihood of confusion: "(1) the degree of similarity between the marks; (2) the intent of the alleged infringer in using the mark; (3) evidence of actual confusion; (4) similarity of products and manner of marketing; (5) the degree of care likely to be exercised by purchasers; and (6) the strength or weakness of the marks."

It also wrote that "The fact that the Wyatt website is a successful parody weighs heavily against a finding of likelihood of confusion. A parody adopts some features of the original mark, but relies upon a difference from the original mark to produce its desired effect. ... In contrast, an unsuccessful parody -- one that creates a likelihood of confusion -- is not protected from an infringement suit."

The Court of Appeals then addressed the cybersquatting claim. One of the statutory elements of this claim is that there was a "bad faith intent to profit". The statute enumerates nine factors to be considered by the court. The Court of Appeals held that the statute supports a finding that there was no bad faith intent to profit, notwithstanding the facts that FAIR registered and used confusingly similar domain names to attract visitors, and then sold books to them.

The key set of facts of this case for the Court was that the defendants' offending web site's main attribute was that it criticized the view expressed in the plaintiff's web site. Not all similarly situated defendants have received this degree of leniency from federal courts.

In another intellectual property case, the same defendant, UTLM, was not accorded the benefit of engaging in online expression and criticism.

In 1999 the UTLM and its founders were sued by the Intellectual Reserve, Inc., the intellectual property arm of the LDS Church, for publishing online material from the Church Handbook of Instructions, which the Church did not wish to be publicly available. Intellectual Reserve obtained an injunction under the Copyright Act. See, December 6, 1999, preliminary injunction, and TLJ summary of the case. That case is Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc., Jerald Tanner, Sandra Tanner, et al., U.S. District Court for the District of Utah, D.C. No. 2:99-CV-808C.

Perhaps that case illustrates the absence of a sound policy basis for extending full copyright protection to unpublished works that are not intended for publication. See also, Salinger v. Random House, 811 F.2d 90 (2nd Cir. 1989) and New Age Publications v. Henry Holt, 873 F.2d 576 (2nd Cir. 1989), the cases that established this often criticized application of the Copyright Act.

6/2. On May 23 the Federal Communications Commission (FCC) issued a release [2 pages in PDF] that contains a tentative agenda [2 pages in PDF] for its event scheduled for June 12, 2008, titled "Open Meeting". The FCC will also conduct a hearing on early termination fees at this event.

The FCC release states that the FCC may adopt an order regarding Skype Communications' 2007 petition [36 pages in PDF] titled "Petition to Confirm a Consumer’s Right to Use Internet Communications Software and Attach Devices to Wireless Networks".

Skype's February 20, 2007, petition requests 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." 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.

Its petition is also in the nature of a request for application of certain network neutrality principles to wireless carriers that provide broadband internet access.

Since Skype filed its petition, the FCC has auctioned one block of spectrum in the 700 MHz band that is subject to open devices and applications requirements (ODAR). This is the C Block, 22 MHz of paired spectrum (746-757 and 776-787), auctioned by Regional Economic Area Groupings (REAGs) in 12 licenses.

Verizon Wireless acquired C Block spectrum for all states except Alaska. See also, story titled "Verizon Wireless and AT&T Announce Plans for Use of Spectrum Acquired in 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,743, April 8, 2008.

On April 1, 2008, FCC Chairman Kevin Martin gave a speech [4 pages in PDF] in Las Vegas, Nevada, in which he said that "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". See, story titled "Martin Proposes Dismissal of Skype Petition" in TLJ Daily E-Mail Alert No. 1,739, March 31, 2008.

The FCC release regarding the June 12 meeting also states that the FCC may adopt a Report and Order (R&O) regarding the National Do-Not-Call Registry.

The FCC release also states that the FCC may adopt a Notice of Proposed Rulemaking (NPRM) regarding "the Provision of Speech-to-Speech, a form of TRS".

The FCC release also states that the FCC may adopt a R&O and FNPRM regarding a "Ten-Digit Numbering Plan for Internet-Based TRS"

Finally, the FCC release states that the FCC may adopt a R&O containing service rules for AWS Spectrum in the 1.9 GHz-2.1 GHz bands, an Order on Reconsideration that would address petitions for reconsideration of an FCC Order regarding applications and forbearance petitions, and a FNPRM seeking further comment regarding service rules for the AWS spectrum.

In addition, the FCC will conduct a hearing regarding early termination fees.

The FCC release also states that that the FCC may adopt another order that responds to petitions for reconsideration or clarification regarding the DTV transition. On May 29, the FCC adopted and released an Order on Clarification [3 pages in PDF]. This order is FCC 08-141 in MB Docket No. 07-91.

This event may be held at 9:30 AM on Thursday, June 12, 2008, in the FCC's Commission Meeting Room, Room TW-C305, 445 12th Street, SW. Most of the FCC's recent events titled "Open Meeting" have not been held at the time announced by the FCC. The FCC may adopt some of these items beforehand. The FCC may postpone consideration of some of these items. The FCC sometimes adds items to the program without providing the "one week" notice required 5 U.S.C. § 552b. The FCC usually does not release at its events copies of the items that it adopts at its events.

5/29. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in US v. Giberson, rejecting a 4th Amendment challenge to a police search and seizure of a home computer that arose out of a traffic stop.

North Las Vegas Police stopped Francis Giberson while driving a car with an expired license plate. He then produced a fake state identification card, but no drivers license. The federal Department of Health and Human Services (DHHS) investigated.

The DHHS obtained a warrant to search Giberson's home for evidence pertaining to the fake identification, as well as for tax, income, and employment records. The warrant did not authorize the search or seizure of any computers. Nevertheless, federal agents found a computer in his home, temporarily took possession of it, and made a copy of its hard drive. They then obtained a second warrant to search this mirror copy.

They found evidence of crimes unrelated to the basis for the search warrant -- receiving and possession of child pornography in violation of 18 U.S.C. § 2252(a). Giberson was charged with these crimes. He moved to suppress the evidence obtained from the search of his computer. The District Court denied the motion.

The Court of Appeals affirmed.

The Court of Appeals wrote that "a search warrant authorizing the seizure of materials also authorizes the search of objects that could contain those materials". However, it added that "We have not yet had occasion to determine, in an opinion, whether computers are an exception to the general principle that a warrant authorizing the seizure of particular documents also authorizes the search of a container likely to contain those documents."

It held, in this opinion, that "where there was ample evidence that the documents authorized in the warrant could be found on Giberson's computer, the officers did not exceed the scope of the warrant when they seized the computer."

The Court of Appeals rejected the argument that computers are different, for 4th Amendment analysis, from containers such as filing cabinets. It concluded that while computers may contain a larger amount and range of content, and intermingle relevant with irrelevant material, this does not warrant different treatment. It also rejected the argument that personal computers are different because they may also contain material that  is protected by the 1st Amendment.

Another argument, not addressed by the Court of Appeals, is that computers should be subject to different treatment because, unlike physical objects, such as filing cabinets, they are more susceptible to automated sorting and searching, merging with other digital data, manipulation and analysis, long term retention, distribution to other law enforcement agencies and others, and loss. For example, in the present case, the federal investigators used forensic software that located and extracted the digital images that served as the basis for the prosecution.

Under this argument, the potential for privacy related injury to the targets of digital searches is greater than the risk to the targets of file cabinet searches. However, the Court of Appeals did not address this argument.

This case is USA v. Francis Eugene Giberson, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 07-10100, an appeal from the U.S. District Court for the District of Nevada, D.C. No. CR-04-00299-BES, Judge Brian Sandoval presiding.

Judge Clifford Wallace wrote the opinion of the Court of Appeals, in which Judges Mary Schroeder and Roger Benitez joined. Judge Wallace was appointed in 1972 by former President Nixon. Judge Schroeder was appointed in 1979 by former President Carter. Judge Benitez is a Judge of the U.S. District Court for the Southern District of California, sitting by designation. He was appointed by President George Bush.

5/20. The Government Accountability Office (GAO) released a report [38 pages in PDF] titled "Digital Television Transition: Majority of Broadcasters Are Prepared for the DTV Transition, but Some Technical and Coordination Issues Remain".

This report states that "Broadcast stations have made substantial progress in transitioning to DTV, with the vast majority already transmitting a digital signal." It continues that "approximately 91 percent of full-power stations are currently transmitting a digital signal. Our survey further indicated that approximately 68 percent of respondents are transmitting their digital signal at full strength. In addition, 68 percent of survey respondents are currently transmitting their digital signal on the channel from which they will broadcast after the transition date."

The report also states that "Twenty-three percent of stations that responded to our survey indicated they will be moving their digital signal to their analog channel. In addition, other stations need to move to a completely new channel. While almost all full-power stations are already broadcasting a digital signal, 97 stations, or 9 percent of stations responding to our survey, are not currently broadcasting digitally. Almost all of these stations, however, indicated that they plan to have their digital signal operational by February 17, 2009."

Rep. John Dingell (D-MI), the Chairman of the House Commerce Committee (HCC), stated in a release that "I am greatly encouraged that so many broadcasters are well on their way to becoming fully prepared for the digital transition. I urge the FCC to work closely with industry to resolve remaining issues so that one hundred percent of full-power broadcasters will complete a smooth transition to digital. The Committee will continue to monitor the status of the transition, and I expect to see continued progress."

The HCC will hold a hearing on June 10 on the status of the DTV transition.

Sen. Daniel Inouye (D-HI), the Chairman of the Senate Commerce Committee (SCC), stated in a release that "While I welcome the GAO report’s overall findings that a majority of stations are reasonably well prepared for the coming DTV transition, I believe that a closer examination of the report’s statistics reveal that there remain a number of hurdles for industry to overcome."

He also said that "I would note my ongoing and deep concern that while industry is, at a minimum, fully informed of the upcoming transition and aware of the potential pitfalls, the same cannot be said for consumers. Far too many Americans are unaware of or unprepared for February 17, 2009."

The House will not meet. See, Rep. Hoyer's schedule for week of June 2.

The Senate will meet at 2:00 PM. It will resume consideration of S 3036 [LOC | WW], the "Lieberman-Warner Climate Security Act of 2008".

The Senate will return from it Memorial Day recess. See, Senate 2008 calendar.

1:00 PM. The Center for American Progress (CAP) will host an event titled "A Progressive Framework for Bridging the ID Divide". The speakers will be Jim Harper (Cato Institute), Bruce Schneier (BT Counterpane), Peter Swire (Ohio State law school), Tova Wang (Common Cause), and Cassandra Butts (CAP). See, notice. Location: CAP, 10th floor, 1333 H St., NW.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Is China Taking Unfair Advantage of Its Trade Partners?". The speakers will be Philip Levy (AEI), Scott Paul (Alliance of American Manufacturers), Brad Setser (Council on Foreign Relations), and Desmond Lachman (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

6:00 PM. Deadline for upfront payments in the Federal Communications Commission's (FCC) Auction No. 77. See also, notice in the Federal Register, May 8, 2008, Vol. 73, Number 90, at Pages 26112-26118.

The House will return from its Memorial Day recess. It will meet at 2:00 PM for legislative business. Votes will be postponed at least until 6:30 PM. The House is scheduled to consider numerous bills under suspension of the rule, including HR 4106 [LOC | WW], the "Telework Improvements Act of 2008", and HR 4791 [LOC | WW], the "Federal Agency Data Protection Act". See, Rep. Hoyer's schedule for week of June 2.

8:30 AM - 12:00 NOON. The Information Technology Association of America (ITAA) will host a half day conference titled "Level 3 Authentication: When Pin & Password Aren’t Enough". See, notice. Prices vary. Location: JW Marriot Hotel.

9:00 AM - 4:30 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting to discuss applicants and award criteria. See, notice in the Federal Register: May 16, 2008, Vol. 73, No. 96, at Page 28433. Location: Administration Building, Lecture Room A, Gaithersburg, MD.

2:30 PM. The Senate Banking Committee will hold a hearing on pending nominations, including Christopher Wall to be Assistant Secretary of Commerce for Export Administration, and Luis Aguilar, Troy Paredes, and Elise Walter to be members of the Securities and Exchange Commission (SEC). See, notice. Location: Room 538, Dirksen Building.

6:30 - 9:00 PM. The DC Bar Association will host a program titled "The Gates Foundation's Global Access Principles: Striking the Balance". The speaker will be Erik Iverson (Gates Foundation Associate General Counsel). The price to attend ranges from $8 to $20. For more information, contact 202-585-9654. See, notice. Location: Finnegan Henderson, 10th floor, 901 New York Ave., NW.

Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) titled "Applications of Pairing-Based Cryptography: Identity-Based Encryption and Beyond". See, notice. The basic price to attend is $145. Registrations are due by May 27, 2008. Location: NIST, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

TIME? Day one of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA CEO Forum". See, notice. Location?

The House will meet at 10:00 AM for legislative business. The House may consider HR 5940 [LOC | WW], the " National Nanotechnology Initiative Amendments Act of 2008", and/or HR 5893 [LOC | WW, the "Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008", under suspension of the rules. See, Rep. Hoyer's schedule for week of June 2.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "Discussion Draft of Health Information Technology and Privacy Legislation". See also, HCC memorandum [6 pages in PDF] Location: Room 2123, Rayburn Building.

1:00 - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington University, Dining Room Conference, 1918 F St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) International Practice and Privacy and Data Security Committees will host an event titled "Addressing Privacy Issues Abroad: The Global Privacy Framework for Communications and Media Companies". See, registration page. This event qualifies for continuing legal education (CLE) credits. Prices vary. For more information, contact Yaron Dori at ydori at hhlaw dot com or Jennifer Ullman at Jennifer dot ullman at verizon dot com. Location: Hogan & Hartson, 13th floor, West Tower, 555 13th St., NW.

Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) titled "Applications of Pairing-Based Cryptography: Identity-Based Encryption and Beyond". See, notice. The basic price to attend is $145. Registrations are due by May 27, 2008. Location: NIST, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

TIME? Day two of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA CEO Forum". See, notice. Location?

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2ndFNPRM) regarding satellite carriers' carriage obligations under Section 338 of the Communications Act as the high definition (HD) carriage requirement becomes effective. The FCC adopted its Second Report and Order, Memorandum Opinion, and 2ndFNPRM on March 19, 2008, and released the text on March 28, 2008. It is FCC 08-86 in CS Docket No. 00-96. See, notice in the Federal Register, May 5, 2008, Vol. 73, No. 87, at Pages 24515-24519. See also, story titled "FCC Releases DBS HD Carry One Carry All Order" in TLJ Daily E-Mail Alert No. 1,738, March 27, 2008.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 2.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington University, Cafritz Conference Center, Room 310 (Elliott Room), 800 21st St., NW.

3:00 - 5:15 PM. The Federal Communications Bar Association (FCBA) will host a class titled "Essentials of Engineering for Telecommunications Policy Reform". The speaker will be Dale Hatfield. This event qualifies for continuing legal education (CLE) credits. See, notice. Location: Hogan & Hartson, 555 13th St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a program titled "Beyond Smoke-Filled Rooms and Lavish Lunches: Lobbying in the 110th Congress". The speakers will be Irene Bueno (Nueva Vista Group) and Monte Lake (Siff & Lake). The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. This event qualifies for continuing legal education (CLE) credits. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 2.

8:00 AM - 4:30 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington University, Cafritz Conference Center, Room 310 (Elliott Room), 800 21st St., NW.

12:00 NOON. The Cato Institute will host an event titled "Globalization and the World's Rising Living Standards". The speaker will be Johan Norberg, author of the book [Amazon] titled "In Defense of Global Capitalism". See, notice and registration page. Lunch will be served. This event will be webcast by Cato. Location: Room B-338, Rayburn Building.

2:00 PM. The Senate Government Affairs and Homeland Security Committee will hold a hearing titled "National Security Bureaucracy for Arms Control, Counterproliferation, and Nonproliferation Part II: The Role of the Department of State". The witnesses will be Patricia McNerney and Linda Taglialatela of the Department of State. See, notice. Location: Room 342, Dirksen Building.

Effective date of the Department of Health and Human Services' (DHHS) Centers for Medicare & Medicaid Services final rule regarding electronic prescriptions. See, notice in the Federal Register, April 7, 2008, Vol. 73, No. 67, at Pages 18917-18942.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Media Bureau's public notice (DA 08-752) regarding changes to its annual reporting forms that request certain employee data from multichannel video programming distributors (FCC Form 395-A) and broadcasters (FCC Form 395-B). See, notice in the Federal Register, April 21, 2008, Vol. 73, No. 77, at Pages 21346-21347.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding changes to its Schedule of Regulatory Fees. This NPRM is FCC 08-126 in MD Docket No. 08-65. See, notice in the Federal Register, May 28, 2008, Vol. 73, No. 103, at Pages 30563-30591.

8:30 AM - 5:00 PM. Day one of a two day meeting of the Judicial Conference of the United States' Committee on Rules and Practice and Procedure. See, notice in the Federal Register, March 25, 2008, Vol. 73, No. 58, at Pages 15777-15778. Location: Thurgood Marshall Federal Judiciary Building, Mecham Conference Center, One Columbus Circle, NE.

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to it notice of proposed rulemaking regarding its Digital To Analog Converter Box Coupon Program. The NTIA proposes to waive the eligible household and application requirements for individuals residing in nursing homes or other senior care facilities. See, notice in the Federal Register, April 24, 2008, Vol. 73, No. 80, at Pages 22120-22124.

Deadline to submit comments to the Department of Homeland Security (DHS) in response to its request for comments regarding its interim final rule [48 pages in PDF] that extends the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. This rule change compensates in a limited way for the Congress's failure to enact legislation to increase the annual cap on the number of H1B visas. See, story titled "DHS Extends OPT to 29 Months As Congress Sits on H1B Reform Proposals" in TLJ Daily E-Mail Alert No. 1,742, April 7, 2008, and notice in the Federal Register, April 8, 2008, Vol. 73, No. 68, at Pages 18944-18956.

5/29. Decker Anstrom, P/COO of Landmark Communications, was reelected to serve a second one year term as Chairman of the Board of Directors of the National Cable & Telecommunications Association (NCTA). See, NCTA release with list of election results.

5/30. The Department of Homeland Security's (DHS) Federal Emergency Management Agency (FEMA) announced in a release that it "will perform the unified aggregator/gateway role for the Commercial Mobile Alert System, mandated by the Warning Alert Response Network (WARN) Act". Federal Communications Commission (FCC) Chairman Kevin Martin praised the announcement. He added in a release that "With the American public increasingly relying on wireless communications in everyday life, it is essential that we support and advance new ways to share critical, time-sensitive information with them in times of crisis.  The ability to deliver accurate and timely warnings and alerts through cell phones and other mobile devices is an important next step in our efforts to help ensure that the American public has the information they need to take action to protect themselves and their families prior to, and during, disasters and other emergencies."

5/29. The Federal Communications Commission (FCC) published a notice in the Federal Register that accelerates the deadlines for submitting comments in response to its notice of proposed rulemaking (NPRM) regarding small, minority owned and women owned businesses in broadcasting. The previously announced deadlines were July 15 (for initial comments) and August 14 (for reply comments). See, original notice in the Federal Register, May 16, 2008, Vol. 73, No. 96, at Page 28400-28407. The new deadlines are June 30 and July 14. See, notice accelerating comment deadlines in the Federal Register, May 29, 2008, Vol. 73, No. 104, at Page 30875. The FCC adopted this NPRM on December 18, 2007, and released the text on March 5, 2008. See, NPRM [70 pages in PDF], first corrections [2 pages in PDF] and second correction [2 pages in PDF]. This NPRM is FCC 07-217 in MB Docket Nos. 07-294, 06-121, 02-277, and 04-228, and MM Docket Nos. 01-235, 01-317, and 00-244.

5/29. The Federal Communications Commission (FCC) announced in a notice in the Federal Register that it has renewed the charter of the WRC-11 Advisory Committee through May 23, 2010. See, Federal Register: May 29, 2008, Vol. 73, No. 104, at Page 30938.

5/23. The U.S. Court of Appeals (DCCir) issued its opinion [4 pages in PDF] in James Kay v. FCC, appeals of the Federal Communications Commission's (FCC) dismissal of applications to assign expired private land mobile radio station licenses. The Court of Appeals affirmed the FCC's dismissals. This case is James Kay v. FCC, U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 03-1072 and 05-1290.

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