8/29. The Federal Trade Commission (FTC) published a notice in the Federal Register that announces, describes, recites, and sets the effective dates for, amendments to its Telemarketing Sales Rule (TSR).

First, these amendments add to the prohibited "Abusive telemarketing acts or practices" "Initiating any outbound telephone call that delivers a prerecorded message ... unless ... in any such call to induce the purchase of any good or service, the seller has obtained from the recipient of the call an express agreement, in writing ..."

The FTC elaborated in a release that "The amendments will not affect consumers' ability to continue to receive calls that deliver purely ``informational´´ prerecorded messages -- notifying recipients, for example, that their flight has been cancelled, that they have a service appointment, or similar messages. Such purely ``informational´´ calls are not covered by the TSR because they do not attempt to sell the called party any goods or services."

Second, the new rule requires that "in any such call to induce the purchase of any good or service, or to induce a charitable contribution from a member of, or previous donor to, a non-profit charitable organization on whose behalf the call is made, the seller or telemarketer" allow the phone to ring for 15 seconds, or for 4 rings, and "in the case of a call that could be answered in person by a consumer, that the person called can use an automated interactive voice and/or keypress-activated opt-out mechanism to assert a Do Not Call request ..." It also requires a related opt-out mechanism for calls answered by machines or voicemail services.

These amendments exempt any "outbound telephone call that delivers a prerecorded healthcare message made by, or on behalf of, a covered entity or its business associate, as those terms are defined in the HIPAA Privacy Rule ..."

Third, these amendments address call abandonment. That is, call centers use systems that place calls, anticipating that a sales representative will be available when the call is answered. When no sales representative is available, the call may be terminated or abandoned, which is annoying and/or disconcerting to consumers.

The new rule requires that "The seller or telemarketer employs technology that ensures abandonment of no more than three (3) percent of all calls answered by a person, measured over the duration of a single calling campaign, if less than 30 days, or separately over each successive 30-day period or portion thereof that the campaign continues."

Different requirements imposed by these amendments become effective on different dates. The maximum 3% call abandonment rate is effective October 1, 2008. The requirement for an opt-out mechanism is effective December 1, 2008. The ban on prerecorded sales calls without written consent is effective September 1, 2009.

See, Federal Register, August 29, 2008, Vol. 73, No. 169, at Pages 51163-51204.

9/2. The CTIA filed a Petition for Declaratory Ruling [44 pages in PDF] with the Federal Communications Commission (FCC) on July 11, 2008, regarding 47 U.S.C. § 332(c)(7)(B), ensuring timely siting review, and preemption under 47 U.S.C. § 253 of state and local ordinances that classify all wireless siting proposals as requiring a variance.

The FCC issued a Public Notice (DA 08-1913) dated August 14, 2008, and a notice in the Federal Register on August 29, 2008, both of which set an initial comment deadline of September 15, 2008, and a reply comment deadline of September 30, 2008.

The CTIA requests that the FCC "interpret ambiguous provisions of" Section 332(c)(7) "to ensure that the federal goals of favoring the deployment of wireless telecommunications networks and competition are not undermined by the state and local zoning authorities charged with taking action on wireless facility siting requests."

The CTIA asks the FCC "to resolve open questions regarding the time frames in which zoning authorities must act on siting requests, the importance of competitive entry by multiple providers in each market, and the impropriety of unduly burdensome requirements imposed on wireless providers but not on other entities."

Several representatives of state and local governments filed motions for extension of time. The CTIA filed an opposition to these requests.

See also, September 2, 2008, letter [PDF] from the Texas Municipal League (TML) to Sen. Kay Hutchison (R-TX), the ranking Republican on the Senate Commerce Committee, and to the FCC.

The TML argues that the CTIA is "essentially seeking FCC preemption over local zoning of wireless phone tower locations". It asks for Sen. Hutchison's "assistance in preserving the authority of city officials".

This is WT Docket No. 08-165. See, Federal Register, August 29, 2008, Vol. 73, No. 169, at Pages 50972-50973.

8/29. On August 18, 2008, Sorenson Communications, Inc., filed with the Federal Communications Commission (FCC) a Petition for Reconsideration [7 pages in PDF] of the FCC's Report and Order and Further Notice of Proposed Rulemaking, adopted on June 11, 2008, and released on June 24, 2008, in its proceedings regarding Telecommunications Relay Services and Speech to Speech Services for Individuals with Hearing and Speech Disabilities, and E911 Requirement for IP Enabled Service Providers.

On August 15, CSDVRS, LLC, filed a Petition for Reconsideration [5 pages in PDF] of the same item. This R&O and FNPRM is FCC 08-151in CG 03-123 and WC 05-196

Oppositions to these petitions are due by September 15, 2008. Replies to oppositions are due "within 10 days after the time for filing oppositions have expired". See, notice in the Federal Register, August 29, 2008, Vol. 73, No. 169, at Pages 50971-50972.

9/2. The Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) withdrew ten Federal Information Processing Standards (FIPS), effective September 2, 2008.

See, notice in the Federal Register, September 2, 2008, Vol. 73, No. 170, at Page 51276. The withdrawn FIPS are as follows:

• FIPS 4-2, titled "Representation of Calendar Date to Facilitate Interchange
  of Data Among Information Systems".
• FIPS 5-2, titled "Codes for the Identification of the States, the District
  of Columbia and the Outlying Areas of the United States, and Associated Areas".
• FIPS 6-4, titled "Counties and Equivalent Entities of the U.S., Its Possessions, and Associated Areas".
• FIPS 10-4, titled "Countries, Dependencies, Areas of Special Sovereignty, and Their Principal Administrative Divisions".
• FIPS 113, titled "Computer Data Authentication".
• FIPS 161-2, titled "Electronic Data Interchange (EDI)".
• FIPS 183, titled "Integration Definition for Function Modeling (IDEF0)".
• FIPS 184, titled "Integration Definition for Information Modeling (IDEFIX)".
• FIPS 192, titled "Application Profile for the Government Information Locator Service (GILS)".
• FIPS 192-1 (a)&(b), titled "Application Profile for the Government Information Locator Service (GILS)".

9/3. The Federal Communications Commission (FCC) published a notice in the Federal Register that sets comment deadlines for its Notice of Proposed Rulemaking and Order regarding broadcast low power auxiliary stations operating in the 700 MHz band, such as wireless microphones. Initial comments are due by October 3, 2008, and reply comments are due by October 20, 2008. See, Federal Register, September 3, 2008, Vol. 73, No. 171, at Pages 51406-51415. The FCC published a second notice in the Federal Register that announces, describes and sets the effective date (August 21, 2008) of, the order portion of this item. See, Federal Register, September 3, 2008, Vol. 73, No. 171, at Pages 51375-51377. This item is FCC 08-188 in WT Docket Nos. 08-166 and 08-167. The FCC adopted this item on August 15, 2008, and announced it and released the text [24 pages in PDF] on August 21, 2008. See, story titled "FCC Releases NPRM on Wireless Microphones Operating in 700 MHz Band" in TLJ Daily E-Mail Alert No. 1,817, August 21, 2008.

9/2. The U.S. Court of Appeals (10thCir) issued an order [3 pages in PDF] in USA v. Nacchio, regarding the en banc oral argument scheduled for September 25, 2008.

9/2. The U.S. District Court (DNJ) sentenced Roger Michael Young and Steven J. Ott in connection with their participation in a "foreign bribery scheme involving telecommunications contracts in Africa". Both are former executives of ITXC Corporation. They received probation and home confinement, but no prison time. The Department of Justice (DOJ) stated in a release that "they conspired with each other and other former ITXC employees and officers to make corrupt payments to employees of foreign state-owned telecommunications carriers so that those employees would use their influence to assist ITXC in obtaining and retaining contracts with the foreign carriers".

The House will not meet. It will return from its August recess on September 8.

The Senate will not meet. It will return from its August recess on September 8. It will hold momentary pro forma sessions until then to prevent President Bush from making recess appointments.

The Supreme Court will return on September 29, 2008. See, October Term 2008 calendar.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Rentrop v. Spectranetics, App. Ct. No. 2007-1560. Location: Courtroom 402.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Commonwealth Scientific v. Toshiba, App. Ct. No. 2008-1108. Location: Courtroom 203.

1:00 PM. The Department of Health and Human Services' (DHHS) American Health Information Community's (AHIC) Electronic Health Records Workgroup may meet. AHIC meetings are often noticed, but cancelled. Location: Switzer Building, 330 C St., SW.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB) will meet. See, notice in the Federal Register, August 12, 2008, Vol. 73, No. 156, at Pages 46871-46872. Location: George Washington University, Cafritz Conference Center, Room 405, 800 21st St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ricoh v. Pitney Bowes, App. Ct. No. 2007-1479. Location: Courtroom 402.

3:00 PM. Deadline to submit to the National Institute of Standards and Technology (NIST) proposals for financial assistance under the NIST's Technology Innovation Program (TIP). The NIST states that "Proposals are being sought to create and validate new advanced, robust, network capable, nondestructive evaluation and test sensing systems, or system components, to cost effectively and quantitatively inspect and evaluate the structural integrity of the civil infrastructure." See, notice in the Federal Register, July 15, 2008, Vol. 73, No. 136, at Pages 40507-40511.

8:00 AM - 4:30 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB) will meet. See, notice in the Federal Register, August 12, 2008, Vol. 73, No. 156, at Pages 46871-46872. Location: George Washington University, Cafritz Conference Center, Room 405, 800 21st St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fortunet v. Planet Bingo, App. Ct. No. 2008-1082. Location: Courtroom 402.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-106 [17 pages in PDF] titled "Randomized Hashing for Digital Signatures" (2nd draft).

Deadline to submit written comments to the Department of Homeland Security's (DHS) Homeland Security Advisory Council (HSAC) in connection with its meeting scheduled for September 11, 2008. See, notice in the Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49693-49694.

The House will return from its August recess.

The Senate will return from its August recess. See, Senate 2008 calendar.

3:30 PM. The U.S. District Court (DC) will hold a settlement conference in Esther Williams v. Universal Music Group, et al., a copyright case, D.C. No. 07-cv-0714. Location: Magistrate Judge Facciola's chambers, 333 Constitution Ave., NW

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "It's Time to End the Broad Band Wars". The speakers will be Robert Atkinson (ITIF), Scott Cleland (Precursor) and Harold Feld (Media Access Project). Location: ITIF, Suite 200, 1250 Eye St., NW.

9:00 AM. The Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will meet. Part of the meeting will be closed to the public. See, notice in the Federal Register, August 21, 2008, Vol. 73, No. 163, at Page 49408. Location: Room 3884, Hoover Building, 14th Street between Constitution and Pennsylvania Aves., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NetworkIP v. FCC, App. Ct. No. 06-1364 and 07-1092. Judges Sentelle, Brown and Kavanaugh will preside. This is petitions for review of a final order of the Federal Communications Commission (FCC) pertaining to payphone compensation. See, FCC's brief [58 pages in PDF]. Location: 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Nominations". See, notice. Location: Room 562, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in its proceeding titled "In the Matter of Implementation of the NET 911 Improvement Act of 2008". It adopted this item on August 22, and announced it and released the text [34 pages in PDF] on August 25, 2008. This NPRM is FCC 08-195 in WC Docket No. 08-171. See, notice in the Federal Register, August 28, 2008, Vol. 73, No. 168, at Pages 50741-50751.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Is the U.S. Falling Behind in Science & Technology or Not?" The speakers will be Robert Atkinson (ITIF), Stephen Ezell (ITIF), Kent Huges (Woodrow Wilson International Center for Scholars), and Clyde Prestowitz (Economic Strategy Institute). See, notice. Location: ITIF, Suite 200, 1250 Eye St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NCTA v. FCC, App. Ct. No. 07-1312. This is a petition for review of the Federal Communications Commission's (FCC) 2007 final order regarding customer proprietary network information (CPNI) and 47 U.S.C. § 222. See, FCC's brief [85 pages in PDF]. Location: 333 Constitution Ave., NW.

10:00 AM. The U.S. District Court (DC) will hold a pretrial conference and motion hearing in US v. Stevens, D.C. No. 08-cr-0231. Judge Emmet Sullivan will preside. Location: Courtroom 24A, 333 Constitution Ave., NW.

RESCHEDULED FROM JULY 30. 10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Improving Consumer Protection in the Prepaid Calling Card Market". This hearing will also address S 2998 [LOC | WW], the "Prepaid Calling Card Consumer Protection Act of 2008", sponsored by Sen. Bill Nelson (D-FL). Sen. Nelson will preside. The witnesses may be Rep. Eliot Engel (D-NY), William Kovacic (FTC Chairman), Sally Greenberg, (National Consumers League), Gus West (Hispanic Institute), and Barry Smitherman (Chairman, Texas Public Utility Commission). See, notice. Location: Room 253, Russell Building.

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