6/9. The House passed HR 2344 [LOC | WW], the "Webcaster Settlement Act of 2009", by voice vote.

Rep. Jay Inslee (D-WA) introduced this bill on May 12, 2009. The House Judiciary Committee (HJC) approved it by voice vote with little discussion on May 13, 2009. See, story titled "House Judiciary Committee Approves Webcaster Settlement Act" in TLJ Daily E-Mail Alert No. 1,938, May 13, 2009.

This bill would make further changes to 17 U.S.C. § 114 , which pertains to the scope of exclusive rights in sound recordings. In the 110th Congress, HR 7084 [LOC | WW], the "Webcaster Settlement Act of 2008", made webcasting related changes to § 114.

Former President Bush signed it into law on October 16, 2008. It is now Public Law No. 110-435.

HR 2344 would make three additional technical changes to subsection 114(f)(5).

The companion bill in the Senate is S 1145 [LOC | WW], also titled the "Webcaster Settlement Act of 2009". Sen. Ron Wyden (D-OR) introduced it on May 21, 2009. The Senate has not acted on either S 1145 or HR 2344.

6/9. The House passed HR 2675 [LOC | WW], the "Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act", by voice vote.

Rep. Hank Johnson (D-GA) introduced this bill on June 4, 2009. It would extend for one year Title II of the "Antitrust Criminal Penalty Enhancement and Reform Act of 2004", which codifies the Department of Justice's (DOJ) Antitrust Division's (AD) leniency program.

Title II will expire in two weeks, if not extended. See, story titled "Bill Introduced to Extend Antitrust Leniency Program for One Year" in TLJ Daily E-Mail Alert No. 1,950, June 8, 2009.

The Senate has yet to pass this bill.

6/8. The Supreme Court granted certiorari in Hertz v. Melinda Friend, a case involving the meaning of the principal place of business of a corporation for the purpose of determining whether there is diversity of citizenship, and hence, federal jurisdiction. See, Orders List [9 pages in PDF] at page 2, and Supreme Court docket.

Article III of the Constitution provides that federal courts have jurisdiction over cases "arising under this Constitution, the Law of the United States, and Treaties made ...", and "Controversies ... between Citizens of different states". The latter is also referred to as diversity jurisdiction.

28 U.S.C. § 1332 elaborates on diversity jurisdiction. It provides that "a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business". However, the Congress has not defined the term "principal place of business".

The various federal courts of appeals have construed this term, reaching four different results.

In the present case, class action lawyers, with a California plaintiff, filed a complaint against car rental company Hertz in state court in California alleging violation of California state law. Hence, the case does not arise under federal law. Hertz removed the action to the U.S. District Court, asserting diversity jurisdiction. Hertz is incorporated in Delaware, and is operated out of offices in New Jersey.

The District Court declined to exercise jurisdiction, and the Court of Appeals affirmed. The 9th Circuit applies a largest amount of activities interpretation of "principal place of business". Thus, since Hertz rents more cars in California than any other state, the 9th Circuit deems Hertz's principal place of business to be California.

This also means that many corporations that do business nationwide are deemed to be California corporations by the 9th Circuit for diversity purposes. The consequence is that California class action and tort lawyers can sue out of state companies in California state courts, which tend to be friendly to class action and tort lawyers, and escape removal to federal court.

It is not the practice of the Supreme Court to issue an opinion explaining its decisions to grant certiorari. Although, one might speculate that the Justices' reasons for granting certiorari focused on resolving the circuit split, and bringing certainty to the law, rather than reigning in California tort lawyers and their friends on the state bench.

The current circuit split creates uncertainty and inconsistency. However, resolving the issue will be relatively easy for the Supreme Court. It need only pick a standard.

There is another jurisdictional question that the Supreme Court has not yet tackled, the resolution of which will be vastly more difficult -- minimum contacts and internet conduct. That is, when does a person or company expose itself to being sued in a distant court because of its online activities?

This case is Hertz Corporation v. Melinda Friend, et al., Supreme Court of the U.S., Sup. Ct. No. 08-1107, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit.

6/5. Senior Democrats on the House Commerce Committee (HCC), and Federal Communications Commission (FCC) Chairman Michael Copps, have written letters that disclose their further dissatisfaction with the forbearance process established by Section 10(c) of the Communications Act, which is codified at 47 U.S.C. § 160.

The gist of their letters is that huge telecommunications companies, such as Verizon, can impose significant burdens on the FCC by availing themselves of the statutory forbearance process.

47 U.S.C. § 160(a) provides that the FCC "shall forbear from applying any regulation or any provision of this chapter to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that -- (1) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory; (2) enforcement of such regulation or provision is not necessary for the protection of consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest".

47 U.S.C. § 160(c) provides that "Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) of this section within one year after the Commission receives it ..."

Several years ago, the consequences of the "deemed granted" clause for a previous Verizon petition for forbearance caused some Democrats to criticize the process, and introduce legislation.

See, story titled "FCC Announces that Verizon Petition for Forbearance is Deemed Granted" in TLJ Daily E-Mail Alert No. 1,334, March 22, 2006. The DC Circuit denied petitions for review. See, story titled "Court of Appeals Denies Petitions for Review of FCC's Deemed Granting of Verizon's Forbearance Petition" in TLJ Daily E-Mail Alert No. 1,684, December 6, 2007.

On October 22, 2007, Rep. John Dingell (D-MI) and Rep. Ed Markey (D-MA) introduced HR 3914 [LOC | WW], the "Proper Forbearance Procedures Act of 2007", a bill to remove the "deemed granted" clause from the forbearance petition section of the Communications Act. See, story titled "Reps. Dingell and Markey Introduce Bill to End Deemed Granting of FCC Forbearance Petitions" in TLJ Daily E-Mail Alert No. 1,661, October 24, 2007.

However, the latest fracas of concern to Committee Democrats is Verizon's withdrawal of two petitions for forbearance, after the FCC had investigated, but not yet rendered its decisions.

On May 15, 2009, Rep. Henry Waxman (D-CA), the Chairman of the HCC, Rep. Dingell, the previous Chairman of the HCC, Rep. Rick Boucher (D-VA), the Chairman of the HCC's Subcommittee on Communications, Technology and the Internet, and Rep. Markey, the previous Subcommittee Chairman, sent a letter to FCC Chairman Copps in which they asked for "additional information concerning the impact of Verizon's action on the Commission. Specifically, we would like a detailed description of Commission resources that were expended, and at what level, in considering these two petitions prior to Verizon's withdrawal."

The four also asked for "any suggestions you may have for improving the forbearance process so that Commission resources are used in the most efficient manner and all parties with an interest in such proceedings are treated fairly."

On June 5, 2009, Chairman Copps sent a letter in response. He wrote that "I have been concerned for some time that for a Commission with limited resources and urgent demands, the forbearance process imposes significant strains on these resources at the discretion of companies seeking forbearance rather than being based on industry-wide rulemakings initiated by the Commission."

He stated that consideration of the two petitions involved "over 2000 hours of staff-time", that the "record in each docket exceeded 1850 pages, not including Verizon's petitions", and that "over a dozen members of the Bureau were involved in these proceedings".

He also wrote that "Over three dozen separate entities participated in these proceedings, comprised of competitive carriers, telephone company investors, business telecom service customers, local governments, and public interest organizations."

He concluded that these petitions "have consumed significant Commission and other resources".

6/5. The Federal Communications Commission (FCC) provided the House Commerce Committee (HCC) with data regarding its high cost universal service program.

Democratic and Republican leaders of the HCC sent a letter to the FCC on April 1, 2009, requesting this data. See, story titled "House Commerce Committee Seeks FCC Data on High Cost Universal Service" in TLJ Daily E-Mail Alert No. 1,922, April 6, 2009.

The letter was signed by Rep. Henry Waxman (D-CA), Rep. Joe Barton (R-TX), Rep. Rick Boucher (D-VA), and Rep. Cliff Stearns (R-FL), who are the Chairman and ranking members of the HCC and its Subcommittee on Communications, Technology, and the Internet.

For example, they requested a "list of the ten largest per-line subsidies by study area". The FCC's response to this question reveals that for one area in the state of Washington, the per line subsidy is $16,834. For another area in the state of Texas, the subsidy is $13,596 per line.

They also requested a list of the "ten study areas with the most eligible telecommunications carriers". The FCC's response to this question reveals that one area in the state of Iowa has 29 eligible telecommunications carriers.

Further down the list, there is an area in the state of Alabama, that includes almost 1.5 million lines, where there are 13 eligible carriers, receiving an average of $21.67 per line. Another area in Iowa has 10 eligible carriers, receiving an average of $368.28 per line.

See also, HCC web page with hyperlinks to all of the FCC's responses.

Rep. Barton (at left) stated in a release on June 5, 2009, that "The data from the FCC confirm what I've said for years: the Universal Service Fund is a bloated government program in serious need of reform".

He continued that "It is unreasonable to expect subscribers to pay more than 11 percent of their long-distance phone bills to subsidize scores of telephone providers in each geographic market, especially when other providers are serving the same markets without a penny of support. It is time to introduce market-based, competitive mechanisms, such as reverse auctions or competitive bidding, to curb the excesses of this program."

6/9. Rep. Joe Barton (R-TX), the ranking Republican on the HCC, and Rep. Cliff Stearns (R-FL), the ranking Republican on the HCC's Subcommittee on Communications, Technology and the Internet, sent a letter to FCC Chairman Michael Copps regarding universal service taxes.

They wrote that the USF "was created to help provide Americans access to basic telephone service. Unfortunately, the Fund has strayed from that purpose and ballooned in size to over $7 billion per year. Moreover, the cost of the failure to reform the Fund falls on the backs of American consumers who pay a percentage of their long-distance phone bills to support the Fund. This percentage, or contribution factor, has jumped from 2.1 percent in 1997 to 11.3 percent in 2009 because demands on the Fund have grown while industry revenues have declined."

They continued that the FCC will continue to raise the contribution factor, and that this means higher phone bills, which in turn makes service unaffordable for some consumers, thus "jeopardizing the very goal of universal service".

"This system is unsustainable -- and the trends of increasing demands and declining revenues are accelerating. ... It is time to implement market-based reforms."

The letter also contains three requests for information:

First, "Whether any sources of revenue other than industry revenues were used to impact the contribution factor and, if so how much from each source."

Second, "A summary of the reasons why the projected demand increased (or decreased) from the previous quarter." (Parentheses in original.)

Third, "A summary of the reasons why the projected industry revenues decreased (or increased) from the previous quarter." (Parentheses in original.)

6/9. Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee (SJC), announced that the SJC's confirmation hearing for Sonia Sotomayor will begin on July 13, 2009. See, release.

Sen. Jeff Sessions (R-AL), the ranking Republican on the SJC, stated in a release that "It's far more important we do this right than we do it quick".

The time between the President's announcement of his selection, and the SJC's commencement of its hearings will be short, relative to other Supreme Court nominations. Short time periods facilitate confirmation, and confirmation by a large majority. Long time periods enable opponents of nominees to attempt to turn public opinion against a nominee, and hence, Senators' votes. Long time periods also enable opponents to attack Presidents' judicial selection criteria.

The structure of the hearings is also important. Fewer days of hearings, limiting the number of opposition witnesses, and scheduling opposition witnesses late in the day or evening (after reporters have left to meet deadlines), all facilitate confirmation.

For TLJ articles about opinions on technology related issues that Judge Sotomayor wrote or joined, see:
 • Judge Sonia Sotomayor
 • Sotomayor, Souter, and State Regulation of Internet Commerce
 • Sotomayor, Tasini and the Rights of Authors
 • Sotomayor's Fair Use Opinion in Castle Rock
 • Sotomayor's Opinion in Sprecht v. Netscape
 • Statements Regarding the Selection of Sotomayor
 • Sotomayor's Background
in TLJ Daily E-Mail Alert No. 1,944, May 28, 2009.

6/8. AT&T announced in a release that it will offer the Apple iPhone 3G S in its retail and online stores beginning on June 19, 2009. It added that it "will begin selling iPhone 3G starting at $99 for new and qualifying subscribers".

Meanwhile, the Free Press complained in a release that AT&T has played "a role in blocking Skype, the popular voice application, on its 3G network".

The Free Press's Chris Riley stated in this release that "Congress should unlock the mobile marketplace by putting an end to these exclusive deals."

He added that "Cutting-edge wireless devices and applications have the potential to launch new industries and revolutionize everyday life. In this challenging economy, we cannot afford to allow AT&T or any other company to stand in the way of progress."

6/9. The Senate Commerce Committee (SCC) announced that it will hold a confirmation hearing for Julius Genachowski and Robert McDowell on Tuesday, June 16, 2009, at 2:30 PM.

6/9. The Department of Homeland Security (DHS) published a notice in the Federal Register requesting applications for membership on its Homeland Security Information Network Advisory Committee (HSINAC). Applications are due by July 24, 2009. See, Federal Register, June 9, 2009, Vol. 74, No. 109, at Page 27338.

6/9. Sharon Ringley and Elizabeth Frazee announced the creation of TwinLogic Strategies, a government relations firm. Ringley previously worked for the Bockorny Group. She has also worked on the staff of Rep. Rick Boucher (D-VA), the Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet. Frazee has operated Frazee Associates since 2003. Before that she worked for AOL-Time Warner, Disney Company, the House Commerce Committee, the House Judiciary Committee (HJC), and Rep. Bob Goodlatte (R-VA). The two selected the name TwinLogic in part because both are mothers of twins.

6/3. Eric Brown was named SVP of Global Communications at Yahoo. See, release.

6/9. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register announcing that it has approved Federal Information Processing Standard (FIPS) Publication 186-3, Digital Signature Standard (DSS) [127 pages in PDF]. See, Federal Register, June 9, 2009, Vol. 74, No. 109, at Pages 27287-27288.

6/9. U.S. Trade Representative (USTR) Ron Kirk addressed Doha round trade negotiations. He stated in a release that "While we should not discard the progress made to date in the Doha round, we must consider new ideas to get these talks moving again."

6/8. Ed Black, head of the Computer and Communications Industry Association (CCIA), commented on news reports that the People's Republic of China (PRC) will require computer makers to install software that blocks access to certain web sites. He wrote that "This sweeping new requirement would give a regime that already has a sophisticated censorship system even more control over the Internet. Blocking access to pornography sounds like an acceptable goal, but the problem is that it's all too easy to use the same technology to expand the censorship to block access to political speech, competitive business information or news sites that offer information that differs from what a regime is telling its citizens." This is a "trade issue", said Black.

6/4. The European Union (EU) issued a release that states that EU Trade Commissioner Catherine Ashton met with Russian Minister for Economic Development Elvira Nabiullina and discussed Russia joining the World Trade Organization (WTO). The release states that they "agreed that Russian WTO membership should be sought as soon as possible".

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

The Senate will meet at 9:30 AM. It will resume consideration of HR 1256 [LOC | WW], the "Family Smoking Prevention and Tobacco Control Act".

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 hold a hearing on 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 witnesses will be Caroline Beasley (Beasley Broadcast Group), David Donovan (Association for Maximum Service Television), Peter Doyle (Chief of the FCC's Media Bureau's Audio Division), David Goad (National Sheriffs' Association), Curtis Hopfinger (Securus Technologies), Joel Kelsey (Consumers Union), Frank Krogh (Morrison & Foerster), Cheryl Leanza (UCCOC, Inc.), and Jim Starzynski (NBC Universal). Location: Room 2322, Rayburn Building.

10:00 AM. The House Small Business Committee's Subcommittee on Contracting and Technology will meet to mark up HR __, a bill to reauthorize and revise the Small Business Administration's (SBA) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. See also, S 177 [LOC | WW], the "Strengthening Our Economy Through Small Business Innovation Act of 2009". Location: Room 2360, 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.

10:30 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.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nominations of Julius Genachowski and Robert McDowell to be members of the Federal Communications Commission (FCC). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "Cell Phone Text Messaging Rate Increases and the State of Competition in the Wireless Market". The witness will be Randal Milch (Verizon Communications), Wayne Watts (AT&T Management Services, Inc.), Joel Kelsey (Consumers Union), and Laurie Itkin (Cricket Communications). The HJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

8:30 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Board of Overseers of the Malcolm Baldrige National Quality Award will meet. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Pages 20683-20684, and notice in the Federal Register, May 15, 2009, Vol. 74, No. 93, at Pages 22887. 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.

10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on Private International Law: Working Group I will meet to discuss the United Nations Commission for International Trade Law (UNCITRAL) initiative to revise the 1994 UNCITRAL Model Law on Procurement of Goods, Construction and Services. See, notice in the Federal Register, June 4, 2009, Vol. 74, No. 106, at Page 26914. Location: George Washington University Law School, Dean's Conference Room, 2000 H St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Elvis Stumbergs at elvis dot stumbergs at fcc dot gov. Location: Marvin, 2007 14th St., NW.

Day one of a two day conference hosted by the American Antitrust Institute (AAI). See, notice. Location: National Press Club.

Day one of a three day event hosted by the American Intellectual Property Law Association (AIPLA) titled "Legal Secretaries and Administrators Conference". See, conference brochure [PDF]. Location: Westin Alexandria Hotel, Alexandria, VA.

Deadline for Webloyalty.com, Inc. and Vertrue, Inc. to respond to letters from Sen. Jay Rockefeller (D-WV) regarding e-commerce marketing practices. See, story titled "Senate Commerce Committee Investigates E-Commerce Marketing" in TLJ Daily E-Mail Alert No. 1,943, May 27, 2009.

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