6/4. Sen. Ron Wyden (D-OR), Sen. Olympia Snowe (D-ME), and others, introduced S 1192 [LOC | WW], the "Mobile Wireless Tax Fairness Act of 2009".

The other original cosponsors of the bill are Sen. Patty Murray (D-WA), Sen. Robert Menendez (D-NJ), Sen. John McCain (R-AZ), Sen. Kirsten Gillibrand (D-NY), and Sen. John Ensign (R-NV). The bill was referred to the Senate Finance Committee (SFC). Senators Wyden, Snowe, Menendez and Ensign are members.

The related bill in house is HR 1521 [LOC | WW], the "Cell Tax Fairness Act". The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 1521 on Tuesday, June 9, 2009.

Sen. Snowe (at right) spoke in the Senate. She said that this bill "will stop the increasing financial burden being placed on wireless consumers by discriminatory taxes. On average, the typical consumer pays 15.2 percent of his/her total wireless bill in Federal, State, and local taxes, fees and surcharges -- this is compared to the 7.07 percent average tax rate for other goods and services."

She added that "These excessive and discriminatory taxes discourage wireless adoption and use, primarily with low-income individuals and families that still view a cellular phone as a luxury when many Americans consider it a necessity."

Steve Largent, head of the CTIA, stated in a release that "It is very troubling that wireless consumers have been taxed four times more than other taxable goods and services over an almost four-year period. The Wyden-Snowe bill will protect consumers from new discriminatory taxes and fees while preserving existing revenue for states and localities."

Bill Summary. This bill provides that "No State or local jurisdiction shall impose a new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property, during the 5-year period beginning on the date of the enactment of this Act."

It defines "mobile service" to include "commercial mobile radio service", or CMRS, as defined by the Federal Communications Commission (FCC). It also includes "any other service that is primarily intended for receipt on, transmission from, or use with a mobile telecommunications device, including the receipt of a digital good".

This definition would include not only cell phone service, but services that deliver to mobile devices music files and digital books.

This bill does nothing to limit federal taxation of mobile devices. Nor would it stop the Internal Revenue Service (IRS) from taxing as income to an employee mobile devices and mobile services provided by the employer for work purposes.

This bill would not affect either local, state or federal tax and subsidy programs, such as the federal e-rate program, or any other universal service programs.

The bill also carves out an exception for state and local taxes "for the support of E-911 communications systems".

Bills in the 110th Congress. Related bills were introduced in the 110th Congress, but not enacted into law.

On July 10, 2008, Sen. Wyden and Sen. Snowe introduced S 3249 [LOC | WW], the "Mobile Wireless Tax Fairness Act of 2008".

On April 15, 2008, Rep. Zoe Lofgren (D-CA), former Rep. Chris Cannon (R-UT), and others, introduced HR 5793 [LOC | WW], the "Cell Tax Fairness Act of 2008"

See also, HR 436 [LOC | WW] and S 166 [LOC | WW], the "Cell Phone Tax Moratorium Act of 2007".

Comparison to Internet Tax Moratoria. This bill is similar to the internet tax moratorium bills passed by previous Congresses. The 110th Congress passed HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", in 2007. It provides a seven year moratorium.

See also, story titled "House Passes Senate Version of Internet Tax Ban Bill" in TLJ Daily E-Mail Alert No. 1,666, October 31, 2007; story titled "Senate Approves 7 Year Extension of Internet Tax Ban" in TLJ Daily E-Mail Alert No. 1,663, October 26, 2007, and stories titled "Summary of HR 3678" and "House to Consider Extension of Act Limiting Internet Taxes" in TLJ Daily E-Mail Alert No. 1,655, October 16, 2007.

Wyden (at left), as a Representative, cosponsored, with former Rep. Chris Cox (R-CA), the original Internet Tax Freedom Act (ITFA), which was enacted in late 1998. Sen. Wyden continued to champion internet tax moratoria legislation after his election to the Senate.

Sen. Snowe stated on June 4 that the "Congress took similar action with the Internet -- passing the Internet Tax Freedom Act Amendments Act of 2007 last session -- because of the incredible impact the Internet will continue to have on consumers and businesses alike. The future of wireless is just as bright and that is why we must ensure its continued growth."

Both this wireless tax bill, and the internet tax bills, are limited in scope. Neither affect federal taxation. Neither affect existing state and local tax regimes. Both carve out numerous exceptions.

6/4. Rep. Zoe Lofgren (D-CA) and Rep. Dan Lungren (R-CA) introduced HR 2728 [LOC | WW], the "William Orton Law Library Improvement and Modernization Act", a bill regarding the law library of the Library of Congress.

Among other things, it provides for the Law Library of Congress to archive and catalog certain materials "electronically in a nonproprietary and nondiscriminatory format".

Supporters of the bill emphasize that it authorizes more funding for library operations.

This library is located in the Madison Building, adjacent to the Cannon House Office Building.

This bill would authorize the appropriation of an additional $3,500,000 "for maintaining and administering the operations of the law library of the Library of Congress". Moreover, with respect to these funds, and "nonproprietary material in the collections of the Law Library after the date of the enactment of this Act", the "Law Librarian of Congress shall catalog and archive the material electronically in a nonproprietary and nondiscriminatory format".

This bill would also create a "William Orton Law Library Support Program" at the Law Library of Congress. Under this program, the Law Library of Congress may enter into agreements and partnerships with other entities, including the American Association of Law Libraries and the American Bar Association. It may also accept donations of money, in kind contributions, and voluntary services.

The bill also authorizes the appropriation to this program 40 percent of the amount of accepted financial contributions. But, the bill does not identify what this program would do.

The bill does contains a broad statement of the sense of the Congress about the operation of the Law Library. "It is the sense of Congress that the Librarian of Congress should make decisions regarding the financing and operation of the law library of the Library of Congress, the maintenance of its collections, and the access of the public to its collections in a manner that preserves the role and status of the law library as the Nation's law library.

The bill was referred to the Committee on House Administration (CHA). Rep. Lofgren is a member. Rep. Lungren is the ranking Republican.

Former Rep. William Orton (D-UT) was elected to the House in 1990. He was defeated in 1996 by former Rep. Chris Cannon (R-UT). Rep. Jason Chaffetz (R-UT) now represents that district. Orton died in an all terrain vehicle accident in April. Orton lobbied the Congress on library issues on behalf of the American Bar Association (ABA). See for example, testimony of May 7, 2008.

Rep. Lofgren (at right) and Rep. Lungren introduced a substantially similar bill in the 110th Congress, HR 6589 [LOC | WW], the "Charles H. W. Meehan Law Library Improvement and Modernization Act." The CHA approved the bill, but neither the full House, nor the Senate, passed the bill.

The AALA wrote a letter [PDF] on July 25, 2008, in support of HR 6589. The ABA wrote a letter [PDF] on July 29, 2008, expressing support for HR 6589. Both argued that the Law Library of Congress performs vital functions, but needs more money.

6/4. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science held a hearing on appropriations for the Federal Bureau of Investigation (FBI). FBI Director Robert Mueller discussed cyber crime, the FBI's long plagued attempts to adopt new information technologies, intercepting 3G wireless communications, and other topics.

Mueller (at left) stated in his prepared testimony that "Protecting the United States against cyber-based attacks and high-technology crimes is one of the FBI’s highest priorities."

He continued that "The threat of cyber-related foreign intelligence operations to the U.S. is rapidly expanding. The number of actors with the ability to utilize computers for illegal, harmful, and possibly devastating purposes continues to rise. Cyber intrusions presenting a national security threat have compromised computers on U.S. Government, private sector, and allied networks. The FBI is in a unique position to counter cyber threats as the only agency with the statutory authority, expertise, and ability to combine counterterrorism, counterintelligence, and criminal resources to neutralize, mitigate, disrupt, and investigate illegal computer-supported operations domestically."

He said that for this purpose, "The FBI's FY 2010 budget includes 260 positions (107 Special Agents, 42 Intelligence Analysts, and 111 Professional Staff) and $61.2 million ..." (Parentheses in original.)

He also addressed the FBI's IT programs, including Sentinel, the FBI's "a case management system that will revolutionize the way the FBI does business." He said that it "will be a fully automated, web-based case management system", and predicted completion by "summer 2010".

Next, he disclosed that "We are also continuing the rollout of Blackberries to all agents, analysts and other critical professional support employees. This has provided these individuals with the ability to conduct their daily operational duties in the field without being chained to a desk. Their blackberry provides them with access to critical Sensitive but Unclassified applications they would normally access at their desks, such as email, Internet, the National Crime Information Center (NCIC), the Department of Motor Vehicles, etc."

He also discussed communications intercepts. He stated that "all wireless carriers in the United States are upgrading their networks to 3rd Generation wireless technology. This upgrade will radically transform voice, internet, email, short message service, multimedia services and any future services from circuit-switched data to packet transferred data. The FBI, along with the rest of the Intelligence Community, has created a Joint Wireless Implementation Plan, which will allow us to provide the field with advanced tools and technologies as well as provide adequate training on the use of duly authorized wireless intercept and tracking tools."

6/4. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet held an oversight hearing on the Internet Corporation for Assigned Names and Numbers (ICANN).

The Internet Corporation for Assigned Names and Numbers (ICANN) is a California non-profit corporation with its headquarters in California that coordinates the domain name system (DNS) pursuant to a contract with the U.S. Department of Commerce (DOC). The DOC's National Telecommunications and Information Administration (NTIA) has responsibility for this contract. It is also referred to as a memorandum of understanding (MOU) and joint project agreement (JPA). See, the current JPA, which expires on September 30, 2009.

Rep. Rick Boucher (D-VA), the Chairman of the Subcommittee, wrote in his opening statement that "The original memorandum of understanding signed in November of 1998 has been renewed on several occasions, most recently as a Joint Project Agreement which is scheduled to expire on September 30 of this year. One matter upon which we will focus this morning is whether Department of Commerce oversight should be retained through renewal of the agreement or in the alternative whether the time has come for that oversight to be relinquished and for ICANN to operate after September 30 without supervision with respect to the allocation and designation of Internet domain names and addresses and associated functions."

Rep. Boucher (at right) added that "key questions are whether ICANN’s decision making is sufficiently transparent or whether improvements are needed and whether under its existing structure and practices ICANN is sufficiently accountable to Internet stakeholders and the global community of Internet users."

See also, statement of Rep. Henry Waxman (D-CA), the Chairman of the HCC.

Fiona Alexander (NTIA) wrote in her prepared testimony that "continuing to preserve the security and stability of the Internet DNS will guide any decision that the Department of Commerce makes with respect to its future relationship with ICANN".

Paul Twomey (P/CEO of the ICANN) wrote in his prepared testimony that "It is now time to end the 11 years of temporary MOUs". He also said that "the United States will always be our corporate headquarters".

Twomey also argued that the ICANN is and will continue to be accountable.

Thomas Lenard (Technology Policy Institute) wrote in his prepared testimony [PDF] that the ICANN "is largely accountable to no one".

He wrote that "Its customers can't go anywhere else, its board members are not answerable to any shareholders, and its decisions can't be appealed to any court in the way that regulatory actions in the United States can. ICANN’s funders -- the registries and registrars -- can't stop funding ICANN without going out of business themselves."

Lenard argued that the ICANN "should be governed by its direct users -- the registries and registrars -- rather than the vaguely specified ``Internet community´´ at large". He added that if it had been, "it might have acted more quickly to address the incumbent domain name holders’ intellectual property protection issues."

Therefore, he argued that the MOU "should be extended in some form beyond its current expiration date while reforms are being considered and, hopefully, established."

Lenard co-authored a paper, with Lawrence White, titled "ICANN at a Crossroads: A Proposal for Better Governance and Performance", which is attached to his testimony. That paper elaborates that the "ICANN should remain as a nonprofit organization, but its governance should be restructured, so that it is governed by and directly accountable to its direct users: the registries and the registrars. Seats on ICANN’s board of directors could be rotated among the major operators in a manner that would reflect the diversity of viewpoints among registries and registrars."

Kenneth Silva, CTO of VeriSign, which operates the .com and .net domain registries, wrote in his prepared testimony that while "ICANN has continued to make progress ... further progress is critical prior to an expiration of the agreement and end to all governmental oversight of ICANN".

Christine Jones, General Counsel of registrar Go Daddy, wrote in her prepared testimony that "It is essential for both international commerce and the security and stability of the Internet that the relationship between the NTIA and ICANN continue. Whether that comes in the form of an extension or renewal of the JPA, Go Daddy urges a continuation of the relationship. Continuing the JPA will not only provide the framework for ensuring a continued focus on Internet security and stability issues, but will prevent ICANN from vulnerability to capture by another government, international organization, or business that does not have a secure and stable Internet as its top priority."

See also, prepared testimony of Sarah Deutsch (Verizon) which focuses on proposals to expand the number of new generic top level domains (gTLDs).

Also, on April 24, 2009, the Progress & Freedom Foundation (PFF) hosted a panel discussion on Capitol Hill titled "ICANN & Internet Governance: How Did We Get Here & Where Are We Heading?". The speakers were Twomey, David Johnson (New York Law School), Milton Mueller (Syracuse University), Michael Roberts (former P/CEO of ICANN), and Michael Palage (PFF). See also, PFF web page with audio of the event.

6/5. The U.S. Court of Appeals (9thCir) issued its opinion [20 pages in PDF] in Coalition for ICANN Transparency v. VeriSign, an antitrust case regarding the domain name system. The Court of Appeals reversed the District Court's dismissal for failure to state a claim. The case goes back to the District Court for further proceedings.

The defendant, VeriSign, is the operator of the .com and .net domain name registries, pursuant to a contract with the Internet Corporation for Assigned Names and Numbers (ICANN). The ICANN is a non-profit corporation that coordinates the domain name system (DNS) pursuant to a contract with the U.S. Department of Commerce (DOC). The DOC's National Telecommunications and Information Administration (NTIA) has responsibility for this contract.

VeriSign did not go through a competitive bidding process to obtain its 2006 contract with the ICANN regarding the .com registry. This contract allows VeriSign to raise prices for domain names by by seven percent over four of the six succeeding years.

The plaintiff, Coalition for ICANN Transparency, Inc. (CFIT), is a non-profit corporation that represents web site operators and other stakeholders in the domain name system.

The CFIT filed a complaint in the U.S. District Court (NDCal) against VeriSign alleging violation of federal and California state antitrust laws, including Sections 1 and 2 of the Sherman Act, in connection with the pricing provisions of the two contracts, and monopolization or attempted monopolization of the .com and .net registration markets.

The District Court dismissed the complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6), FRCP.

See also, the ICANN's web page with hyperlinks to certain pleadings in the District Court.

The CFIT brought the present appeal. The Court of Appeals reversed and remanded, with respect to both Section 1 and 2 claims and the .com registry.

Section 1 of the Sherman Act, which is codified at 15 U.S.C. § 1, provides in part that "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal."

The Court of Appeals wrote that "CFIT sought to state a Section 1 claim in connection with the pricing and renewal provisions of the 2006 .com Agreement and the 2005 .net Agreement. CFIT alleged that ICANN and VeriSign conspired to set artificially high prices for VeriSign's services and to ensure that VeriSign would receive successor contracts with ICANN without having to go through a competitive bidding process. We conclude that CFIT adequately alleged a Section 1 violation with respect to the 2006 .com Agreement."

But, the Court of Appeals continued that "The .net contract was reached as a result of competitive bidding, not conspiratorial action. CFIT’s assertion that some terms of the agreement changed after VeriSign’s bid was accepted, without allegations of materiality, does not suffice to state a claim for existence of a conspiracy and the intent to restrain trade."

Section 2 of the Sherman Act, which is codified at 15 U.S.C. § 2, provides in part that "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine ..."

CFIT alleged violations of Section 2 via predatory conduct in obtaining anti-competitive provisions in contracts with the ICANN. It also alleged the existence of a separate market for expiring domain names, and attempted monopolization of that market.

The Court of Appeals held that, as to both predatory conduct, and attempted monopolization of the market for expiring domain names, for the .com market, the complaint stated a claim, and the District Court is therefore reversed.

However, it did not reverse the District Court as to the .net market claims. Although, the Court of Appeals allowed the CFIT to amend its .net claims.

The CFIT's Section 1 and 2 claims regarding the .com market survive. The case goes back to the District Court. The CFIT has stated claims upon which relief can be granted. It must still prove those claims.

This case is Coalition for ICANN Transparency, Inc. v. VeriSign, Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 07-16151, an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-05-04826-RMW, Judge Ronald Whyte presiding. Judge Mary Schroeder wrote the opinion of the Court of Appeals, in which Judges Wallace Tashima and William Fletcher joined.

6/8. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in Qwest v. Arizona, an interconnection case involving Section 252.

The interconnection provisions of the Telecommunications Act of 1996 are codified at 47 U.S.C. § 251 and 47 U.S.C. § 252.

Subsection 251(a) provides that "Each telecommunications carrier has the duty ... to interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers".

Moreover, subsection 251(c)(1) provides that carriers have a duty to negotiate in good faith. Subsection 252(a) then provides that "Upon receiving a request for interconnection, services, or network elements pursuant to section 251 of this title, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier or carriers".

Also, Subsection 252(b) provides that any "party to the negotiation may petition a State commission to arbitrate any open issues". In the present case, the Arizona Corporation Commission (ACC) arbitrated an interconnection agreement. In so doing, it required that 47 U.S.C. § 271 elements be placed in arbitrated interconnection agreements.

(Section 271, which was enacted by the Telecommunications Act of 1996, set requirements for the former Regional Bell Operating Companies (RBOCs) to provide long distance service. Prior to the 1996 Act, the RBOCs were prohibited from offering long distance (interLATA) service. The FCC has granted the RBOCs' requests to provide long distance service in all states.)

Qwest then filed a complaint against the ACC and its members.

The Court of Appeals affirmed the District Court's grant of summary judgment to Qwest.

The Court of Appeals held that "state commissions may not impose Section 271 access or pricing requirements in the course of arbitrating interconnection agreements".

It also held that "state commissions are preempted from forcing carriers to make parts of their networks available on a separately purchasable basis when the FCC has determined that they are not required to do so."

This case is Qwest Corporation v. Arizona Corporation Commission, et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 07-17079 and 07-17080, an appeal from the U.S. District Court for the District of Arizona, D.C. No. CV-06-01030-ROS, Judge Roslyn Silver presiding. Judge Richard Clifton wrote the opinion of the Court of Appeals, in which Judges Dorothy Nelson and Samuel King (USDC/DHi) joined.

6/8. President Obama formally nominated Robert McDowell to be a Commissioner of the Federal Communications Commission (FCC). See, White House news office release.

6/8. The House passed HR 1736 [LOC | WW], the "International Science and Technology Cooperation Act of 2009", under suspension of the rules, by a vote of 341-52. See, Roll Call No. 312. All of the votes against the bill were cast by Republicans. This bill creates a committee under the Executive Office of the President's (EOP) National Science and Technology Council (NSTC) to coordinate international science and technology activities of federal agencies.

6/8. The House passed HR 1709 [LOC | WW], the "STEM Education Coordination Act of 2009", under suspension of the rules, by a vote of 353-39. See, Roll Call No. 311. All of the votes against the bill were cast by Republicans.

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The schedule includes consideration of HR 2344 [LOC | WW], the "Webcaster Settlement Act of 2009", and HR 2675 [LOC | WW], the "Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act", under suspension of the rules. See, Rep. Hoyer's schedule for week of June 8, and schedule for June 9.

The Senate will meet at 10:00 AM. It will resume consideration of HR 1256 [LOC | WW], the "Family Smoking Prevention and Tobacco Control Act".

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes a discussion of documentary standards and health care information technology. See, notice in the Federal Register: May 15, 2009, Vol. 74, No. 93, at Page 22887. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM - 4:30 PM. Day two of a two day event hosted by the Internal Revenue Service (IRS) titled "2009 Software Developers Conference". See, notice in the Federal Register, April 27, 2009, Vol. 74, No. 79, at Page 19124. Location: Marriott Crystal Gateway Hotel, 1700 Jefferson Davis Highway, Arlington, VA.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will hold a partially closed meeting. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 98, at Page 23998. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

9:00 - 11:00 AM. The Heritage Foundation will host an event titled "The Taiwan Relations Act's Enduring Legacy on Capitol Hill". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

9:30 AM. Mary Ellen Callahan, the Department of Homeland Security's (DHS) Chief Privacy Officer will speak about fusion center privacy issues at the Governor's Homeland Security Advisory Council Meeting. Location: The Westin Arlington Gateway, 801 North Glebe Road, Arlington, VA.

TIME CHANGE. 11:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing HR 1521 [LOC | WW], the "Cell Tax Fairness Act of 2009". The witnesses will be Robert Atkinson (ITIF), Mara Reardon (Indiana House of Representatives), Joanne Hovis (NATOA), Joseph Gibbons (Florida House of Representatives), and Don Stapley (National Association of Counties). See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on on Emergency Communications, Preparedness, and Response Hearing will hold a hearing titled "The FY 2010 Budget for the Federal Emergency Management Agency". The FEMA has responsibilities regarding the Integrated Public Alert and Warning System (IPAWS). The HHSC will webcast this event. Location: Room 311, Cannon Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ResQNet.com v. Lansa, App. Ct. No. 2008-1365. Location: Courtroom 201.

11:00 AM. The House Appropriations Committee (HAC) will meet to mark up the Commerce, Justice, and Science appropriations bill. The HAC will webcast this event. Location: Room 2359, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Cory Capps (Bates White) on his paper titled "Antitrust Treatment of Nonprofits". Capps is an economist who focuses on the health care sector. To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

Day one of a two day event titled "World Copyright Summit". See, conference web site. Location: Ronald Reagan Center.

Day four of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 8.

8:30 - 11:45 AM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes a discussion of documentary standards and health care information technology. See, notice in the Federal Register: May 15, 2009, Vol. 74, No. 93, at Page 22887. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) Privacy Office will host a public workshop titled "Privacy Compliance Fundamentals -- PTAs, PIAs, and SORNs". See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24864-24865. Location: auditorium, GSA Regional Headquarters Building, 7th and D Streets, SW.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing on the nominations of Tara O’Toole to be the DHS's Under Secretary for Science and Technology and Jeffrey Zients to be the OMB's Deputy Director for Management. See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Cyber Security R&D". The witnesses will be Seymour Goodman (Georgia Institute of Technology), Liesyl Franz (TechAmerica), Anita D'Amico (Applied Visions, Inc.), Fred Schneider (Cornell University), and Timothy Brown (CA Security Management). The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

11:00 AM - 12:30 PM. Savi, a Lockheed Martin company, will host a news conference titled "Most Everything Will Be Tracked & Managed Wirelessly". For more information, contact Mark Nelson at 650-316-4872 or mnelson at savi dot com. Lunch will follow the program. Location: National Press Club, 13th Floor, 529 14th St., NW.

12:00 NOON. The Cato Institute will host a panel discussion titled "Who Are the Real Free Traders in Congress?". The speakers will include Sen. Judd Gregg (R-NH) and Daniel Griswold (Cato). See, notice and registration page. Lunch will be served. Location: Room 608, Dirksen Building.

12:00 NOON - 3:00 PM. The Securities and Exchange Commission (SEC) will host a public seminar regarding compliance with its new rules requiring that financial reports be filed using XBRL. See, notice. Location: SEC, Room L-002, 100 F St., NW.

12:30 PM. The Interactive Advertising Bureau (IAB) will host a news conference titled "IAB Releases First-Ever Comprehensive Analysis of the Internet Economy". For more information, contact Maria Aaron at 212-380-4714 or maria at iab dot net. Location: Zenger Room, National Press Club, 13th Floor, 529 14th St., NW.

5:30 - 7:30 PM. TechAmerica will host an event titled "Annual Technology for Government Reception". The speakers will include Vint Cerf. Prices vary. Location: Mayflower Hotel.

6:00 - 8:00 PM. The New America Foundation (NAF) will host an event titled "The Open Technology Initiative". The speakers will be Rick Whitt (Google), Christopher Libertelli (Skype), Ben Scott (Free Press), Helen Brunner ( Media Democracy Fund), and Sascha Meinrath (NAF). See, notice. Wine will be served. Location: NAF, 4th floor, 1899 L St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "The Judicial Year in Review". The speakers will be Richard Welch and Joseph Palmore (FCC Office of the General Counsel), Sam Feder and William Hohengarten (Jenner & Block), Aaron Panner (Kellogg Huber), Kannon Shanmugam (Williams & Connolly), and Helgi Walker (Wiley Rein). Prices vary. Location: Wiley Rein, 1776 K St., NW.

Day five of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 8.

8:30 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda includes consideration of deemed exports. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24819-24820. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

8:45 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold an open meeting titled "The Implications of China's Naval Modernization on the United States". See, notice in the Federal Register, May 28, 2009, Vol. 74, No. 101, at Page 25611. Location: Room 562, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda yet again includes consideration of S 417 [LOC | WW], the "States Secret Protection Act", and HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". See, stories titled "Senate Judiciary Committee to Consider State Secrets Bill" and "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009. The agenda also again includes consideration of the nominations of David Lynch to be a Judge of the U.S. Court of Appeals (2ndCir) and Mary Smith to be Assistant Attorney General in charge of the Tax Division. The SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will meet regarding HR 1084 [LOC | WW], the "Commercial Advertisement Loudness Mitigation Act", or "CALM", HR 1147 [LOC | WW], the "Local Community Radio Act Of 2009", and HR 1133 [LOC | WW], the "Family Telephone Connection Protection Act Of 2009". The HCC web site does not specify whether this is a hearing or a mark up. Location: Room 2322, Rayburn Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "Fusion Centers: Domestic Spying or Sensible Surveillance?". The speakers will include Bruce Fein (The Lichfield Group), Harvey Eisenberg (Chief, National Security Section, Office of United States Attorney, District of Maryland), Michael German (ACLU), and Tim Lynch (Cato). See, notice and registration page. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Sen. Mark Warner (D-VA). Location: Capital Hilton, 1001 16th St., NW.

2:00 PM. The House Judiciary Committee (HJC) will meet to mark up two bills. The second is HR 984 [LOC | WW], the "States Secret Protection Act". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the FCC's notice regarding the National Exchange Carrier Association's (NECA) proposed compensation rates for interstate traditional telecommunications relay service (TRS), interstate Speech-to-Speech (STS) relay service, interstate captioned telephone service (CTS) and interstate and intrastate Internet Protocol (IP) captioned telephone service (IP CTS), interstate and intrastate IP Relay, and interstate and intrastate Video Relay Service (VRS). This is also the deadline to submit reply comments in response to the proposed carrier contribution factor and funding requirement for the Interstate TRS Fund. This item is FCC 09-39 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23859-23860.

Deadline to submit reply comments to the Federal Communications Commission (FCC) Notice of Proposed Rulemaking whether or not it should adopt new Video Relay Service (VRS) reimbursement rates that reflect the cost data in the fund administrator's recent filing with the FCC, rather than continuing the current rates. This item is FCC 09-39 in CG Docket 03-123. See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23815-23816.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Order [63 pages in PDF] regarding revising the FCC's Schedule of Regulatory Fees. The FCC adopted this item on May 11, 2009, and released the text on May 14. It is FCC 09-38 in MD Docket No. 09-65. See also, notice in the Federal Register, June 2, 2009, Vol. 74, No. 104, at Pages 26329-26360.

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 8.

8:30 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda includes consideration of deemed exports. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24819-24820. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

9:00 AM. The House Appropriations Committee (HAC) will meet to mark up the Homeland Security appropriations bill. The HAC will webcast this event. Location: Room 2359, Rayburn Building.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Broadband Competition: Is the Glass Half Empty or Half Full?". The speakers will be Jeffrey Eisenach, Larry Darby (Darby Associates), George Ford (Phoenix Center for Advanced Legal & Economic Public Policy Studies), Robert Atkinson (Information Technology and Innovation Foundation), and Thomas Hazlett (George Mason University). Lunch will be served. See, notice. Location: Congressional Meeting Room North (CVC-268), Capitol Visitor's Center.

12:15 - 1:45 PM. The Federal Communications Bar Association (FCBA) Homeland Security/Emergency Communications Practice Committee will host brown bag lunch titled "Latest Developments in Cybersecurity". The speakers will be Deborah Parkinson (Senate Homeland Security and Governmental Affairs Committee staff), James Lewis (Center for Strategic and International Studies), and Marcus Sachs (Verizon). For more information, contact Nneka Ezenwa at Nneka dot n dot ezenwa at verizon dot com. Location: Verizon, 5th floor, 1300 I St., NW.

Extended deadline to submit grants applications to the National Telecommunications and Information Administration (NTIA) under the Low Power Television and Translator Digital to Analog Conversion Program.

Extended deadline for full power television stations to cease analog broadcasting. See, S 352 [LOC | WW], the "DTV Delay Act".

Deadline to register with the Federal Communications Commission (FCC) to participate in it pre-auction seminar for Auction 79, regarding 122 construction permits in the FM broadcast service. See, May 29, 2009, public notice (DA 09-152), and notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25737-25744.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-117 [25 pages in PDF] titled "Guide to Adopting and Using the Security Content Automation Protocol (SCAP)".

12:00 NOON. The Cato Institute will host a panel discussion titled "Restoring the Pro-Trade Consensus". The speakers will be Rep. Henry Cuellar (D-TX) and Daniel Ikenson (Cato). See, notice and registration page. Lunch will be served. Location: Room B-340, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee, Wireless Telecommunications Practice Committee, and Young Lawyers Committee, will host a brown bag lunch titled "Bridging the Gap: Wireless 101 -- An Introduction to Wireless Technologies and Regulation". The speaker will be Tom Dombrowsky (engineering consultant at Wiley Rein). For more information, contact Cathy Hilke at chilke at wileyrein dot com or Micah Caldwell at mcaldwell at fh-law dot com. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for rulemaking [60 pages in PDF] filed by the American Bird Conservancy (ABC), Defenders of Wildlife and National Audubon Society. See, notice in the Federal Register, May 8, 2009, Vol. 74, No. 88, at Pages 21613-21614. See, FCC Public Notice of April 29, 2009 (DA 09-904), February 19, 2008 opinion [PDF] of the U.S. Court of Appeals (DCCir) in ABC v. FCC, and story titled "DC Circuit Vacates FCC Order Regarding Birds and Towers" in TLJ Daily E-Mail Alert No. 1,724, February 27, 2008. This relates to WT Docket Nos. 08-61 and 03-187.

Deadline to submit replies to oppositions to the Federal Communications Commission (FCC) in response to the petitions for partial reconsideration of the FCC's Second Report and Order and Order on Reconsideration (also know as the second internet based TRS order) filed by the Telecommunications for the Deaf and Hard of Hearing, Inc. and the TDI Coalition, and by GoAmerica, Inc. The FCC adopted and released this second internet based TRS order [47 pages in PDF] on December 19, 2009. It is FCC 08-275 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, May 20, 2009, Vol. 74, No. 96, at Pages 23715-23716

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. See, notice in the Federal Register: May 27, 2009, Vol. 74, No. 100, at Page 25220. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the U.S. Department of Justice". The witness will be Eric Holder (Attorney General). The HJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

10:30 AM - 2:30 PM. The Federal Communications Commission (FCC) will hold a seminar for Auction 79, regarding 122 construction permits in the FM broadcast service. See, May 29, 2009, public notice (DA 09-152), and notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25737-25744.

2:00 PM. The House Science Committee (HSC) will hold a hearing titled "Agency Response to Cyberspace Policy Review". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Daniel Benitez (World Bank) on his paper titled "Optimal Pre-Merger Notification Mechanisms, Incentives and Efficiency of Mandatory and Voluntary Schemes". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

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