9/12. The Department of Justice's (DOJ) Office of the Solicitor General filed an amicus curiae brief with the Supreme Court in Pacific Bell v. Linkline, an antitrust case.

The OSG urges the Supreme Court to vacate and remand.

The U.S. Court of Appeals (9thCir) issued its divided opinion [22 pages in PDF] on September 11, 2007. The majority wrote that the issue is whether the Supreme Court's January 13, 2004, opinion [22 pages in PDF] in Verizon v. Trinko, 540 U.S. 398, "bars a plaintiff from claiming a violation of §2 of the Sherman Antitrust Act by virtue of an alleged price squeeze perpetrated by a competitor who also serves as the plaintiff's supplier at the wholesale level, but who has no duty to deal with the plaintiff absent statutory compulsion."

It held that it does not, and hence, affirmed the judgment of the U.S. District Court (CDCal) denying judgment on the pleadings. Thus, the Court of Appeals allowed the plaintiffs to proceed under 15 U.S.C. § 2 under a price squeeze theory.

The OSG stated that the issue is "Whether a plaintiff states a claim under Section 2 of the Sherman Act, 15 U.S.C. 2, by alleging that the defendant -- a vertically-integrated retail competitor with an alleged monopoly at the wholesale level -- engaged in a ``price squeeze´´ by leaving an insufficient margin between wholesale and retail prices to allow the plaintiff to compete, when the defendant has no antitrust duty to provide the wholesale input to the plaintiff."

The OSG argued that "In the absence of an antitrust duty to deal, an allegation that a vertically-integrated defendant's wholesale prices are too high in relation to its retail prices for retail-level rivals to compete does not allege a claim under Section 2 of the Sherman Act."

It continued that "Because petitioners had no antitrust duty to deal with respondents at the wholesale level, petitioners had no duty under the antitrust laws to provide respondents with any particular wholesale price terms. Accordingly, respondents' claim that petitioners' wholesale prices were too high for respondents to compete at retail fails to state a Section 2 claim."

The OSG added that "Nor is respondents' allegation that petitioners' retail prices are too low for them to compete sufficient to state a claim under Section 2."

It also wrote that the Court of Appeals "erred in allowing respondents to proceed on their claims in the absence of an antitrust duty to deal or predatory-pricing allegations. A claim based solely on the assertedly insufficient margin between a vertically-integrated defendant's wholesale and retail prices would protect competitors, not competition or consumers."

See also, story titled "Supreme Court Holds That There is No Sherman Act Claim in Verizon v. Trinko" in TLJ Daily E-Mail Alert No. 815, January 14, 2004.

This case is Pacific Bell Telephone Company, et al. v. Linkline Communications, Inc., et al., Supreme Court of the U.S., Sup. Ct. No. 07-512, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit. The Court of Appeals case is App. Ct. No. 05-56023. See also, Supreme Court docket.

9/8. The Federal Communications Commission (FCC) scheduled an event titled "Open Meeting" for Thursday, September 25, 2008. On September 8 it released a document [PDF] titled in part "Tentative Agenda".

The FCC released a similar "tentative agenda" on August 4, 2008, for an "open meeting" to be held on August 22, 2008. It did not hold this meeting. However, the "tentative agenda" listed items subsequently adopted by the FCC.

The tentative agenda for the September 25 event lists a "A Third Further Notice of Proposed Rulemaking addressing the D Block and a nationwide interoperable broadband public safety network in the 700 MHz Band".

The D Block is 10 megahertz of paired spectrum at 758-763 MHz and 788-793 MHz. It was to have been auctioned in the 700 MHz auction, Auction No. 73, as one nationwide license, subject to a "Public/Private Partnership".

The FCC's plan, which failed, was for a commercial licensee to build a nationwide broadband interoperable network for use by public safety entities. This licensee would then have had preemptible secondary access to the spectrum. The FCC closed the 700 MHz auction on March 18, 2008. However, no bidder bid the reserve price for the D Block.

The FCC adopted a 2nd Further NPRM [101 pages in PDF] on May 14, 2008. See, story titled "FCC Announces NPRM for D Block Auction" in TLJ Daily E-Mail Alert No. 1,766, May 14, 2008. The 2ndFNPRM is FCC 08-128 in WT Docket No. 06-150 and PS Docket No. 06-229.

See also, stories titled "FCC Closes 700 MHz Auction" and "Rep. Markey Announces Hearing on 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008; "FCC Releases Details of 700 MHz Auction" and "FCC Will Not Offer D Block in Auction 76" in TLJ Daily E-Mail Alert No. 1,735, March 24, 2008; and, "FCC Releases Inspector General's D Block Investigation Report" in TLJ Daily E-Mail Alert No. 1,755, April 28, 2008.

The "tentative agenda" also lists an item that "Addresses a request for limited waiver of interim emergency call handling rules that would enable VRS providers to give emergency response authorities the caller’s 10-digit callback number, before the new emergency call handling rules take effect on December 31, 2008."

9/11. Rep. Loretta Sanchez (D-CA) and Rep. Bennie Thompson (D-MS) introduced HR 6869 [LOC | WW], the "Border Security Search Accountability Act of 2008", a bill pertaining to unnecessary, abusive and unreasonable searches of laptop computers and other devices by customs agents.

This bill would require the Department of Homeland Security (DHS), of which Custom and Border Protection (CBP) is a part, to adopt a rule regarding the scope of, and procedural and recordkeeping requirements associated with, border security searches of electronic devices.

The bill specifies that this rule must contain "A requirement that information collected during a border security search of an electronic device that is determined to be commercial information, including trade secrets, information subject to attorney-client privilege, information subject to doctor-patient privilege, or information subject to another privilege or protection shall be handled consistent with the laws, rules, and regulations governing such information and shall not be shared with a Federal, State, local, tribal, or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws, rules, and regulations."

This bill was referred to the House Homeland Security Committee (HHSC).

Senate Judiciary Committee Hearing. On June 25, 2008, the Senate Judiciary Committee's (SJC) Subcommittee on the Constitution held a hearing titled "Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel".

Sen. Russ Feingold (D-WI) stated that "Over the last two years, reports have surfaced that customs agents have been asking U.S. citizens to turn over their cell phones or give them the passwords to their laptops. The travelers have been given a choice between complying with the request or being kept out of their own country. They have been forced to wait for hours while customs agents reviewed and sometimes copied the contents of the electronic devices. In some cases, the laptops or cell phones were confiscated, and returned weeks or even months later, with no explanation." See, prepared statement.

He continued that "Ideally, Fourth Amendment jurisprudence would evolve to protect Americans' privacy in this once unfathomable situation. But if the courts can't offer that protection, then that responsibility falls to Congress. Customs agents must have the ability to conduct even highly intrusive searches when there is reason to suspect criminal or terrorist activity, but suspicionless searches of Americans' laptops and similar devices go too far. Congress should not allow this gross violation of privacy."

Sen. Patrick Leahy (D-VT) wrote in his opening statement that "Privacy advocates have attempted to use the Freedom of Information Act (FOIA) to obtain the DHS policy with respect to questioning about religious and political beliefs and searches of handwritten materials or electronic equipment such as telephones, personal electronic devices, and computers. The DHS has not been forthcoming with this policy information and advocates have now sued to compel the agency's response."

See, February 7, 2008, complaint [PDF] in Asian Law Caucus and EFF v. DHS, U.S. District Court (NDCal), D.C. No. CV-08-0842

See also, prepared testimony of James Carafano (Heritage Foundation), prepared testimony of Larry Cunningham (Assistant District Attorney, Bronx County), prepared testimony of Farhana Khera (Muslim Advocates), prepared testimony of Nathan Sales (George Mason University School of Law), and prepared testimony [PDF] of Lee Tien (Electronic Frontier Foundation).

Sen. Feingold stated that the DHS refused to send a witness to the hearing.

Related Bills. Other pending legislation pertains to search of laptops by customs agents.

For example, on July 31, 2008, Rep. Eliot Engel (D-NY) and Rep. Ron Paul (R-TX) introduced HR 6702 [LOC | WW], the "Securing Our Borders and Our Data Act of 2008".

That bill provides that "The following rules shall apply to any border search or seizure relating to a digital electronic device or digital storage media in the possession of an individual: ... no search of the digital contents of the device or media may be based on the power of the United States to search a person and that person's possessions upon entry into the United States, unless that search is based on a reasonable suspicion regarding that person".

It further provides that "Any search of the digital contents of a device or media must be conducted only by officers who have received appropriate training, in order to minimize the possibility of irreparable damage to, or erasure of, files and the hardware itself, and must be conducted in the presence of a supervisor. At the request of the traveler, such search shall be conducted out of public view."

It also requires the DHS to write rules regarding, among other things, "protecting the integrity of the data".

9/12. Michelle Connolly was again named Chief Economist of the Federal Communications Commission (FCC). She held this position for one year in 2006 and 2007. She is a professor at Duke University. See, FCC release. The FCC engages in antitrust merger reviews and other decision making that would benefit from in house economic expertise. However, unlike the Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission's (FTC) Bureau of Competition, the FCC does not seek to develop expertise in economic analysis.

8/28. Catherine Bohigian, Chief of the Federal Communications Commission's (FCC) Office of Strategic Planning and Policy Analysis will work for Cablevision. She was also previously a legal advisor to FCC Chairman Kevin Martin. Both Martin and Bohigian previously worked for the law firm now named Wiley Rein. See, FCC release.

9/12. Donald Kent, Assistant Secretary for Legislative Affairs at the Department of Homeland Security (DHS), announced his resignation. See, DHS release.

9/11. The Senate Judiciary Committee (SJC) approved the nomination of Patrick Rowan to be Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division (NSD). See, Congressional Record, September 11, 2008, at Page S8375.

9/12. Federal Communications Commission (FCC) Commissioner Michael Copps released a letter addressed to FCC Chairman Kevin Martin regarding transitioning to digital television.

9/12. The Federal Communications Commission (FCC) announced and released a Notice of Inquiry (NOI) [17 pages in PDF] in its proceeding titled "In the Matter of Comprehensive Review of the Universal Service Fund Management, Administration, and Oversight". The FCC adopted this NOI on August 15, 2008. Initial comments will be due within 30 days of publication of a notice in the Federal Register. Reply comments will be due within 60 days of such publication. This NOI is FCC 08-189 in WC Docket No. 05-195.

9/12. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) announced its "activation of the Disaster Information Reporting System (DIRS) in response to Hurricane Ike." See, FCC release. See also, FCC DIRS web page, and September 11, 2008, public notice.

9/12. Sen. Claire McCaskill (D-MO) joined as a cosponsor of S 2919 [LOC | WW], the "Signaling Modernization Act of 2008". She is a member of the Senate Commerce Committee (SCC), which has jurisdiction over the bill. The bill now has 11 cosponsors. Sen. Ted Stevens (R-AK) is the sponsor. This bill would add a new Section to the Communications Act titled "Network Traffic Identification Accountability Standards". It would impose legacy telecommunications technology mandates on voice over internet protocol (VOIP) service providers. Specifically, it would require VOIP service providers to generate information for all communications that originate on its network to facilitate legacy intercarrier billing practices.

9/12. The Federal Communications Commission (FCC) Commissioner Deborah Tate gave a speech at an event hosted by the CTIA in San Francisco, California. She spoke about wireless internet access and online child safety. She stated that "Japanese officials are urging cell phone manufacturers to offer phones that have GPS and talk capabilities only. I challenge American wireless manufacturers to do the same." She also noted that the United Kingdom's Office of Communications (Ofcom) has "recommended a voluntary opt-in system that would allow children to access only child-friendly content."

9/11. Rep. Lamar Smith (R-TX) stated in the House that "while the media often label Governor Sarah Palin ``conservative,´´ they seldom call Senator Barack Obama or Senator Joe Biden ``liberal,´´ despite the fact that the National Journal ranks Senator Obama as the most liberal member of the Senate, and Senator Biden as the third most liberal member of the Senate." See, Congressional Record, September 11, 2008, at Page H8024. See, also, Congressional Record, September 9, 2008, at Page H7865. He urged "sending e-mails, canceling subscriptions, and contacting advertisers" by consumers. He did not recommend renewed Federal Communications Commission (FCC) regulation of news media content.

9/10. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its second draft of NIST SP 800-116 [70 pages in PDF] titled "A Recommendation for the Use of PIV Credentials in Physical Access Control Systems (PACS)". The deadline to submit comments is 5:00 PM on September 24.

9/9. Rep. Jerry Weller (R-IL) spoke in the House in support of the US Colombia Free Trade Agreement and free trade generally. See, Congressional Record, September 9, 2008, at Page H7861. Rep. Steve Kagen (D-WI) gave several speeches in the House during the week of September 8, 2008, against free trade.

9/9. The Federal Communications Commission (FCC) stated in a release that "it will again accept applications from graduating law students in the fall for its Attorney Honors Program, to better accommodate law students who participate in the traditional fall interview process. As in previous years, the FCC will also seek applications from recent law graduates and graduating students in the spring."

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The House will meet at 12:30 PM for morning hour and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider numerous items under suspension of the rules, including HR 5938 [LOC | WW], a bill to amend 18 U.S.C. § 1830. (The House and Senate previously passed different versions of this bill.) See, Rep. Hoyer's schedule for week of September 15.

The Senate will meet at 3:00 PM. It resume consideration of S 3001 [LOC | WW], the Department of Defense authorization bill.

9:00 AM - 12:00 NOON. The Information Technology Association of America (ITAA) will host an event titled "A Forum on our National Cyber Security Posture". Michael Chertoff Paul Schneider (Department of Homeland Security) will speak at 9:00 AM. The price to attend ranges from $50-$125. See, notice. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Successfully Solving the Press/Policy Equation". The speakers will be Janice Obuchowski (Freedom Technologies), Blair Levin (Stifel Nicolaus), Michael Balmoris (AT&T), Mary Greczyn (Freedom Technologies), Lynn Stanton (TR Daily), John Dunbar (Associated Press), Jonathan Blake (Covington & Burling), Howard Buskirk (Comm Daily), and William Phillips (Ryan Phillips Utrecht & MacKinnon). Location: Bingham McCutchen, 2020 K St., NW.

2:00 PM. The U.S. Court of Appeals (DCCir) will hear oral argument in C-SPAN v. FCC, App. Ct. No. 08-1045. See, FCC's brief [87 pages in PDF]. Judges Rogers, Tatel and Williams will preside. Location: 333 Constitution Ave., NW.

2:00 PM. The U.S. District Court (DC) will hold a status conference in APCC v. AT&T, D.C. No. 99-cv-0696. Location: Courtroom 14, 333 Constitution Ave., NW.

5:00 PM. Extended deadline to submit reply comments to the Copyright Office in response to its notice of proposed rulemaking regarding the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. See, original notice in the Federal Register, July 16, 2008, Vol. 73, No. 137, at Page 40802-40813. See also, extension notice in the Federal Register, August 13, 2008, Vol. 73, No. 157, at Pages 47113-47114.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST Interagency Report 7511 [47 pages in PDF] titled "Security Content Automation Protocol (SCAP) Validation Program Test Requirements".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the CTIA's Petition for Declaratory Ruling [44 pages in PDF] 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. This is WT Docket No. 08-165. See, August 14, 2008, Public Notice (DA 08-1913) and notice in the Federal Register, August 29, 2008, Vol. 73, No. 169, at Pages 50972-50973.

The House will meet at 9:00 AM for morning hour and at 10:00 AM for legislative business. The House will consider numerous non-technology related items. See, Rep. Hoyer's schedule for week of September 15.

8:30 - 11:00 AM. George Mason University law school's Information Economy Project (IEP) will host an event titled "Consensus FCC Reforms and the Communications Agenda for the Next Administration". At 8:40 AM, there will be a panel titled "Improving Procedures at the Federal Communications Commission". The speakers will be former FCC officials: Peter Pitsch, Robert Pepper, Ken Robinson, Blair Levin, and Kathy Brown. At 9:45 AM, former FCC Chairmen Michael Powell and William Kennard will speak. This event is free. See, notice and agenda. For more information, contact Drew Clark at 703-993-8525 or iep dot gmu at gmail dot com. Location: National Press Club, 13th floor, 529 14th St., NW.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes (1) university private sector research partnerships, (2) science and engineering education, and (3) impact of science policy on innovation. See, notice in the Federal Register, August 29, 2008, Vol. 73, No. 169, Page 50967. Location; Room 100, Keck Center of the National Academies, 500 5th St., NW.

RESCHEDULED FOR SEPTEMBER 18. 9:00 AM - 1:15 PM. The Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau will host an event titled "Pandemic Preparedness: Enhancing Communications Response for Health Care and First Responders". See, notice [PDF]. Location: FCC, Commission Meeting Room.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Status of the DTV Transition: 154 Days and Counting". The witnesses will be Kevin Martin (FCC Chairman), Meredith Baker (acting head of the NTIA), Mark Goldstein (GAO), Tom Romeo (IBM), Kyle McSlarrow (NCTA), Chris Murray (Consumers Union), Andrew Setos (Fox Group), John Kittleman (KRGV–TV NEWSCHANNEL 5 and KRGV–DT 5.2 LATV), David Candelaria (Entravision), David Rehr (NAB), Christopher McLean (Consumer Electronics Retailers Coalition), Connie Book (Elon University). The HCC will webcast this hearing. Location: Room 2123, Rayburn Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing on HR 3402 [LOC | WW], the "Calling Card Consumer Protection Act". The HCC will webcast this hearing. Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Why Broadband Matters". See, notice. Location: Room 253, Russell Building.

10:00 AM. The House Judiciary Committee (HJC) will hold an hearing on the Federal Bureau of Investigation (FBI). The HJC will webcast this hearing. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Communications, Preparedness and Response will hold a hearing titled "Interoperability in the Next Administration: Assessing the Derailed 700 MHz D-block Public Safety Spectrum Auction". The witnesses will be Derek Poarch (Chief of the FCC's Public Safety Homeland Security Bureau), Chris Essid (DHS), David Boyd (DHS), Richard Mirgon (Association of Public-Safety Communications Organization International), John Contestabile (Public Safety Spectrum Trust), LeRoy Carlson (US Cellular), Robert LeGrande, and Charles Dowd (City of New York Police Department). The HHSC will webcast this hearing. Location: Room 311, Cannon Building.

12:00 PM. The Cato Institute will host a panel discussion on the book [Amazon] titled "New Frontiers in Free Trade: Globalization's Future and Asia's Rising Role". The speakers will be Razeen Sally (author), Carlos Primo Braga (World Bank), and Dan Griswold. See, notice and registration page. The event will be webcast by the Cato Institute. Lunch will be served after the event. Location: Cato, 1000 Massachusetts Ave., NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology will hold a hearing titled "Cybersecurity Recommendations for the Next Administration". The witnesses will be Jim Lewis (Center for Strategic and International Studies), Harry Raduege (Deloitte Center for Network Innovation), Paul Kurtz (Good Harbor Consulting), Dave Powner (GAO). The HHSC will webcast this hearing. Location: Room 311, Cannon Building.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its proposed rule changes regarding retransmission of digital television broadcast signals by cable operators pursuant to 17 U.S.C. § 111. See, notice of extension in the Federal Register, July 14, 2008, Vol. 73, No. 135, at Page 40203, and original notice in the Federal Register, June 2, 2008, Vol. 73, No. 106, at Pages 31399-31415.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items. See, Rep. Hoyer's schedule for week of September 15.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Federal Bureau of Investigation". The witness will be Robert Mueller, Director of the Federal Bureau of Investigation (FBI). See, notice. Location: Room 216, Hart Building.

Deadline to submit reply 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.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items. See, Rep. Hoyer's schedule for week of September 15.

RESCHEDULED FROM SEPTEMBER 16. 9:00 AM - 1:15 PM. The Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau will host an event titled "Pandemic Preparedness: Enhancing Communications Response for Health Care and First Responders". Location: FCC, Commission Meeting Room.

9:00 - 11:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Cyber Security". See, notice. Location: Room H-405, Capitol Building.

9:00 AM. The U.S. District Court (DC) will hold a status conference in Broadcast Music, Inc. v. Hunam Inn, et al., D.C. No. 08-cv-0040. Location: Courtroom 8, 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of an authorization for subpoenas relating to the Department of Justice's (DOJ) Office of Legal Counsel (OLC), and consideration of the nominations of Clark Waddoups (to be a Judge of the U.S. District Judge for the District of Utah), Michael Anello (U.S.D.C., Southern District of California), Mary Scriven (U.S.D.C., Middle District of Florida), Christine Arguello (U.S.D.C., District of Colorado), Philip Brimmer (U.S.D.C., District of Colorado), and Gregory Garre (DOJ Solicitor General). See, notice. The SJC will webcast this meeting. The SJC rarely follows the agendas for its executive business meetings. Location: Room 216, Hart Building.

12:00 NOON. Deadline to submit to the Office of the U.S. Trade Representative's (OUSTR) Trade Policy Staff Committee (TPSC) requests to testify at is October 2, 2008, hearing. The TPSC will hold this hearing to receive testimony to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 31, 2008, Vol. 73, No. 148, at Pages 44783-44785.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Wireless and Wireline Practice Committee will host a lunch titled "Universal Service and Intercarrier Compensation: Is Reform on the Way?" The price to attend is $15.00. See, registration page. Location: Sidley Austin, 1501 K St., NW.

1:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 5793 [LOC | WW], the "Cell Tax Fairness Act of 2008". See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding expanding the scope of services and products covered by the FCC's schools and libraries tax and subsidy program. The FCC adopted this item on July 25, 2008, and released the text [26 pages in PDF] on July 31, 2008. It is FCC 08-173 in CC Docket No. 02-6. See, notice in the Federal Register, August 19, 2008, Vol. 73, No. 161, at Pages 48352-48359.

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 15.

9:30 AM - 12:30 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, September 4, 2008, Vol. 73, No. 172, at Pages 51631-51632. Location: Room 5855, Department of Commerce, 1401 Constitution Ave., NW.

10:00 AM. The Copyright Office will hold a hearing in connection with its proposed rulemaking regarding the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. See, notice in the Federal Register, August 13, 2008, Vol. 73, No. 157, at Pages 47113-47114. Location: Copyright Hearing Room, Library of Congress, Room LM-408, 4th Floor, James Madison Building, 101 Independence Ave., SE.

Deadline to submit comments to the Department of Defense (DOS) in response to its interim rule and request for comments regarding its Defense Federal Acquisition Regulation Supplement (DFARS). This addresses, among others things, information, technology and software. See, notice in the Federal Register, July 21, 2008, Vol. 73, No. 140, at Pages 42274-42279.

TIME? The U.S. District Court (DC) will begin trial in US v. Stevens, D.C. No. 08-cr-0231. 150 prospective jurors will fill out questionnaires. Judge Emmet Sullivan will preside. Location: Courtroom 24A, 333 Constitution Ave., NW.

8:00 AM - 6:00 PM. Transatlantic Business Dialogue (TABD) and others will host an event titled "Transatlantic Symposium on the Societal Benefits of RFID". See, TABD notice and agenda [PDF]. Location: Center for Strategic and International Studies (CSIS), 1800 K St., NW.

10:00 AM - 12:00 NOON. The Office of the U.S. Trade Representative (OUSTR) will hold a meeting regarding the ongoing negotiations of a multi-nation trade agreement titled "Anti-Counterfeiting Trade Agreement". See, notice in the Federal Register, September 5, 2008, Vol. 73, No. 173, at Pages 51860-51861. Location: Main Auditorium, Hoover Building, 1401 Constitution Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "General Counsel Series: Irvin Nathan, General Counsel of the U.S. House of Representatives". The speakers will be Nathan Irvin. The price to attend ranges from $10 to $20. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

3:00 - 5:00 PM. The American Enterprise Institute (AEI) will host a panel discussion on the book titled "Innovation and Technology Adoption in Health Care Markets". The speakers will be the authors, Anupam Jena and Tomas Philipson, Christopher Adams (FTC), and John Calfee (AEI). See, notice and registration page. Location: AEI, 12th floor, 1150 17th St., NW.

Deadline to submit to the Office of the U.S. Trade Representative's (OUSTR) Trade Policy Staff Committee (TPSC) written testimony to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 31, 2008, Vol. 73, No. 148, at Pages 44783-44785.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry and Notice of Proposed Rulemaking (NOI/NPRM) regarding regulation of advertising sponsorship identification. This item is FCC 08-155 in MB Docket No. 08-90. This FCC adopted this item on June 13, 2008, and released the text [22 pages in PDF] on June 26, 2008. See, notice in the Federal Register, July 24, 2008, Vol. 73, No. 143, at Pages 43194-43200.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding assignment of Educational Broadband Service (EBS) spectrum in the Gulf of Mexico. The FCC adopted this item on March 18, 2008, and released the text [111 pages in PDF] on March 20, 2008. This item is FCC 08-03 in WT Docket Nos. 03-66, 03-67, and 02-68, IB Docket No. 02-364, and ET Docket No. 00-258. See, notice of extension of comment deadlines in Federal Register, July 8, 2008, Vol. 73, No. 131, at Pages 38955-38956.

Deadline to submit petitions to participate (and the $150 filing fee) in the Copyright Royalty Judges' proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2002, 2003, and 2004 Musical Works Funds. See, notice in the Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49708-49709.

Extended deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its Notice of Inquiry (NOI) regarding recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to BIS's deemed export licensing policy. The BIS seeks comments on, among other things, whether the scope of technologies on the Commerce Control List (CCL) that are subject to deemed export licensing requirements should be narrowed, and if so, which technologies should be subject to deemed export licensing requirements. See, original notice in the Federal Register, May 19, 2008, Vol. 73, No. 97, at Pages 28795-28797, and extension notice in the Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49645-49646.