6/15. The Supreme Court denied certiorari in Alliance for Community Media v. FCC, a case regarding the Federal Communications Commission's (FCC) 2006 video franchising order. See, Orders List [10 pages in PDF] at page 2, and Supreme Court docket.

This lets stand the June 27, 2008, opinion [20 pages in PDF] of the U.S. Court of Appeals (6thCir), which denied petitions for review of the FCC's video franchising order [109 pages in PDF], adopted on December 20, 2006, and released on March 5, 2007. The order is FCC 06-180 in MB Docket 05-311.

See, story titled "6th Circuit Upholds FCC's Video Franchising Rules" in TLJ Daily E-Mail Alert No. 1,787, June 30, 2008.

Both the FCC and the states and their local franchising authorities (LFAs) have long held powers regarding franchising of cable companies' video services. More recently, new entrants, including telecommunications companies offering video over fiber optic cable, complained that some LFAs' video franchising processes were outdated, and resulted in unreasonable delays and burdens for new entrants.

The 109th Congress worked to enact a comprehensive communications reform bill that included video franchising reform. The House passed a bill. The Senate Commerce Committee passed a different bill. However, the legislation progressed no further, and those bills lapsed at the end of the 109th Congress.

The FCC then picked up in a rulemaking proceeding where the Congress left off.

Section 621 of the Communications Act of 1934, which was added by the Cable Television Consumer Protection and Competition Act of 1992, is codified at 47 U.S.C. § 541.

Subsection (a)(1) provides that "A franchising authority may award, in accordance with the provisions of this subchapter, 1 or more franchises within its jurisdiction; except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision pursuant to the provisions of section 555 of this title for failure to comply with this subsection."

Relying on the clause, "Any applicant whose application for a second franchise has been denied", the FCC adopted rules governing the local franchising process. It established timing requirements for the award of franchises, established limits on build out requirements, limited franchise fees, and placed limits on public, educational, or governmental (PEG) access mandates. The FCC also preempted local laws, regulations, and requirements, to the extent they impose greater restrictions on market entry than the FCC's rules.

See, stories titled "FCC Adopts Order Affecting Local Franchising Authorities" in TLJ Daily E-Mail Alert No. 1,510, December 27, 2006, and "FCC Releases Text of Video Franchising Order and Further NPRM" in TLJ Daily E-Mail Alert No. 1,548, March 7, 2007.

Many parties filed petitions for review with the Court of Appeals. The Court of Appeals upheld the order. And now, the Supreme Court has declined to hear the case. The FCC's video franchising rules stand.

However, it should be noted that the video franchising order was approved by a vote of 3-2, with the three Republicans voting for it, and the two Democrats voting against it. With a Democrat as President, the new make up of the FCC will be three Democrats and two Republicans. It is possible that the FCC will rewrite its video franchising rules.

This case is Alliance for Community Media, et al. v. FCC, et al., Supreme Court of the U.S., Sup Ct. No. 08-1027, a petition for writ of certiorari to the U.S. Court of Appeals for the 6th Circuit, App. Ct. Nos. 07-3391, 3569, 3570, 3571, 3572, 3573, 3574, 3673, 3674, 3675, 3676, 3677, and 3824. The Court of Appeals heard petitions for review of a final order of the FCC. Judge Guy Cole wrote the opinion of the Court of Appeals, in which Judges Gibbons and Suhrheinrich joined.

6/15. The Supreme Court denied certiorari in Ikon Office Solutions v. Newcal Industries, a dispute between makers of copier equipment involving Sherman Act, Lanham Act, and other claims. See, Orders List [10 pages in PDF] at page 2. This lets stand the January 23, 2008, opinion [28 pages in PDF] of the U.S. Court of Appeals (9thCir). This case is Ikon Office Solutions, et al. v. Newcal Industries, Inc., et al., Supreme Court of the U.S., Sup. Ct. No. 07-1501, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-16208. See also, Supreme Court docket.

6/15. The Supreme Court denied certiorari in International Game Technology v. Aristocrat Technologies, a patent infringement case. See, Orders List [10 pages in PDF] at page 2. This lets stand the September 22, 2008, opinion [14 pages in PDF] of the U.S. Court of Appeals (FedCir). This case is International Game Technology, et al. v. Aristocrat Technologies Australia Pty Limited, et al., Supreme Court of the U.S., Sup. Ct. No. 08-1051, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2008-1016. The Court of Appeals heard an appeal from the U.S. District Court for the Northern District of California, D.C. No. 06-CV-3717, Judge Martin Jenkins presiding. See also, Supreme Court docket.

6/10. The European Union's Directorate General for Trade released a report [94 pages in PDF] titled "Report to the Trade Barriers Regulation Committee". It finds that US laws affecting internet gambling are a barrier to trade that violate the US's World Trade Organization (WTO) obligations. It recommends "action", but stops short of stating that the EU should immediately complain to the WTO.

Catherine Ashton (at right), the EU Trade Commissioner, stated in a release that "Internet gambling is a complex and delicate area, and we do not want to dictate how the US should regulate its market. However, the US must respect its WTO obligations. I hope that we will be able to reach an amicable solution to this issue."

U.S. laws prohibit offshore internet based gambling operations that provide services to persons in the US. US law also facilitates the enforcement of laws against illegal internet gambling operations. Yet, the U.S. provides an exception for certain domestic gambling in the horse racing industry, among other things.

See, the Wire Act, codified at 18 U.S.C. § 1084, which prohibits the use of a "wire communication facility for the transmission in interstate or foreign commerce of bets or wagers", and the Interstate Horse Racing Act, codified at 15 U.S.C. § 3001, which may be interpreted to exempt horse racing.

However, the EU report also focuses on the Illegal Gambling Business Act (IGBA), codified at 18 U.S.C. § 1955, and the Unlawful Internet Gambling Enforcement Act (UIGEA), codified at 31 U.S.C. § 5361 et seq., which exempts horse racing, tribal gambling, and intrastate gambling.

The UIGEA was enacted in the 109th Congress as Title VIII of HR 4954, the "Port Security Improvement Act of 2006". See, story titled "House and Senate Approve Port Security Bill With Tech Provisions" in TLJ Daily E-Mail Alert No. 1,461, October 4, 2006.

The UIGEA is an attempt to stop internet gambling by regulating the financial transactions that fund what already constitutes unlawful internet gambling. It provides that no one engaged in the "business of betting or wagering" may knowingly accept certain financial transactions, including checks, electronic fund transfers, and credit card debt, in connection with "unlawful Internet gambling".

Offshore gambling operations, particular in the Caribbean region and the European Union, have complained that the U.S. has imposed trade barriers to remote gambling operations.

The just released EC report concludes that "US laws prohibiting the cross-border supply of remote gambling and betting services as well as their enforcement against Community companies are in violation of Articles XVI and XVII of the GATS, and are not justified under Article XIV of the GATS."

"As a consequence, the investigation has established the existence of an obstacle to trade in the sense of the Trade Barriers Regulation. Moreover, the investigation has shown that adverse trade effects within the meaning of the Trade Barriers Regulation exist and have been caused by the obstacles to trade identified."

The report also concludes that "action is necessary".

However, the report then offers this qualification. The EC must "take account of the state of play in the ongoing process towards the withdrawal of the US GATS commitments on gambling and betting services addressed in detail in section C.4.2 above, especially given that the definition of the measures at issue and the remedy reasonably available to the EC under WTO rules would be affected by the withdrawal".

6/12. The European Commission (EC) released a document [25 pages in PDF] titled "Draft Commission Recommendation […] on regulated access to Next Generation Access Networks (NGA)". (Brackets in original.)

The EC seeks public comments on this document. The deadline to submit comments is July 24, 2009.

The EC stated in a release that it "has launched a public consultation on its revised proposals for the regulation of Next Generation Access (NGA) broadband networks, in the form of a draft Commission Recommendation."

This is the EC's second public consultation on this topic. This revised draft Recommendation follows the previous round of comments.

The EC release states that this document includes "mechanisms to allocate investment risk between investors and access seekers. In particular, to foster market-driven investment outside densely populated areas, the draft Recommendation defines conditions under which co-investment schemes could be deemed pro-competitive. Under the draft Recommendation, deployment by the dominant operator of multiple fibres could justify less stringent regulatory obligations. The competitive advantage of having multiple fibres in the ground is that it allows immediate and undistorted infrastructure competition."

Nellie Kroes, the EC's chief antitrust regulator, stated that "we need a common pan-European regulatory approach to NGA broadband networks".

Viviane Reding, the EC's Commissioner for Information Society and Media, stated that "the new generation of broadband infrastructures in Europe" will require private investment. "Investors therefore need to know the rules of the game", and be provided with "legal certainty".

6/12. The Computer & Communications Industry Association (CCIA) released a statement regarding the agenda for the US-China Joint Commission on Commerce and Trade (JCCT). The CCIA recommends that "the issues of Internet Censorship and Balanced Intellectual Property in China should inform the discussion of bilateral market access issues at the JCCT".

The JCCT is a government to government consultative mechanism in which numerous U.S. agencies participate, including the Department of Commerce and the Office of the U.S. Trade Representative. Intellectual property rights and enforcement in the People's Republic of China (PRC) is just one of many issues that the JCCT has addressed in the past.

The CCIA states that while internet censorship is an issue of "political freedom", it is also a "trade barrier".

It explains that the "development of the Internet has led to a revolution in the way we conduct international commerce and trade. By engaging in Internet censorship, the Chinese government is creating a hostile market environment and preventing its citizens from fully utilizing new products and services provided by U.S. high-tech companies."

The CCIA statement also covers the PRC's recent announcement that it "plans to require all personal computers sold in China beginning July 1 to include software that blocks access to pornography and other ``unhealthy´´ websites."

It continues that "If imported PCs are required to preinstall censorship software that some believe may cause operational problems for the PCs, that could constitute discriminatory treatment."

Hence, the CCIA urges "the U.S. government to use the JCCT as a forum in which to oppose China's censorship as a bilateral market access issue."

The CCIA's statement also addresses intellectual property. It states that "the U.S. should avoid encouraging China to increase its protection of IP by adopting policies inconsistent with U.S. law."

For example, "proposals pertaining to Internet infringement such as a ``graduated response´´, ``three-strikes´´, or any variety of filtering and monitoring of Internet content for infringement are manifestly inappropriate, insofar as they may become vehicles for filtering and monitoring of ``subversive content´´ that is contrary to ``public morality´´. In addition to their obviously oppressive nature, such activities interfere with Internet commerce, in violation of China's international obligations."

The CCIA also states that "the U.S. position should avoid encouraging China to increase its protection of IP through fixed or ``enhanced´´ damages in the copyright context." The CCIA notes that the Copyright Act does allow copyright owners to seek statutory damages of up to $150,000, this "has enabled copyright holders to obtain awards grossly in excess of actual harm."

6/15. The CTIA announced in a release the launch of the "CSC Auditing and Monitoring Initiative", a "common short code (CSC) media monitoring process to validate that promotional materials used to market short codes comply with the industry’s Consumer Best Practices (CBP)".

6/15. The U.S. Court of Appeals (9thCir) issued its opinion [8 pages in PDF] in Smith v. T-Mobile, a class action alleging violation of the federal Fair Labor Standards Act (FLSA) in connection with T-Mobile's alleged failure to pay hourly workers wages that were due. However, the named plaintiffs settled their claims. Hence, the Court of Appeals ruled that the case is moot, and dismissed the appeal for lack of jurisdiction. The Court of Appeals held that "a FLSA plaintiff who voluntarily settles his individual claims prior to being joined by opt-in plaintiffs and after the district court’s certification denial does not retain a personal stake in the appeal so as to preserve our jurisdiction". This case is Mentha Smith, et al. v. T-Mobile USA, Inc., et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 08-55535, an appeal from the U.S. District Court for the Central District of California, D.C. No. 2:05-cv-05274-ABC-SS, Judge Audrey Collins presiding. Judge Barry Silverman wrote the opinion of the Court of Appeals, in which Judges Andrew Kleinfeld and Cynthia Hall joined.

6/12. Twenty House Commerce Committee (HCC) Republicans sent a letter to Rep. Henry Waxman (D-CA) and Rep. Ed Markey (D-MA), the Chairman of the HCC and its Subcommittee on Energy, respectively, accusing them of witness intimidation. The underlying matter is related to the likely economic effects of the Waxman Markey temperature bill. This exchange is not consistent with the public collegiality that has long prevailed among members of the HCC. Although, cowing witnesses is a Committee tradition. See also, release of HCC Republicans.

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The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. It is scheduled to vote on HR 780 [LOC | WW], the "Student Internet Safety Act of 2009", and begin consideration HR 2847, [LOC | WW], the "Commerce, Justice, Science, and Related Agencies Appropriations Act". See, Rep. Hoyer's schedule for the week of June 15, and schedule for June 16.

The Senate will meet at 10:00 AM. It will resume consideration of the motion to proceed to S 1023 [LOC | WW], the "Travel Promotion Act of 2009"

7:15 AM - 4:00 PM. Symantec will host an event titled "Symantec Government Symposium 2009". The speakers may include Sen. Mark Warner (D-VA). Mischel Kwon (US-CERT Director) will speak at 9:30 AM. See, registration page. Location: Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

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 House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "The Satellite Home Viewer Act". The witnesses will be Preston Padden (Disney), Mike Mountford (NPS LLC), Paul Karpowicz (Meredith Corporation), Derek Chang (Directv), and Stanton Dodge (Dish Network). See, notice and draft of HR  __ [10 pages in PDF], the "Satellite Home Viewer Extension and Reauthorization Act". Location: Room 2322, Rayburn 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.

11:45 AM - 1:00 PM. Gary Shapiro, head of the Consumer Electronics Association (CEA), will speak. He will release the results of a national economic survey, announce something titled "Innovation Movement", and discuss legislative policy. Lunch will be served. For more information, contact David McGuire at 202-463-0013 x210.

2:00 PM. The House Science Committee (HSC) will hold a hearing titled "Agency Response to Cyberspace Policy Review". The witnesses will be Cita Furlani (NIST), Jeannette Wing (NSF), Robert Leheny (DARPA), and Peter Fonash (DHS). 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.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of June 15.

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.

9:30 - 11:00 AM. The New America Foundation (NAF) will host a panel discussion titled "U.S.-China Policy Under Obama". The speakers will be Franklin Lavin (former U.S. Ambassador to Singapore) and Steve Clemons (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

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.

11:00 AM - 6:00 PM. The House Intelligence Committee (HIC) will hold a closed meeting to mark up the FY 2010 intelligence authorization bill. Location: Room HVC-304, Capitol Building.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy, Census and National Archives will hold a hearing titled "Identity Theft: A Victims Bill of Rights". The witnesses will include Jason Weinstein (Deputy Assistant Attorney General in the DOJ's Criminal Division). Location: Room 2154, Rayburn Building.

2:00 PM. The Senate Appropriations Committee's (SAC) Subcommittee on Homeland Security will meet to mark of the appropriations bill the Department of Homeland Security (DHS) for FY 2010. Location: Room 192, Dirksen Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Consumer Wireless Experience". Location: Room 253, Russell Building.

3:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on International Organizations, Human Rights and Oversight will hold a hearing titled "TV Marti: A Station in Search of an Audience?". See, notice. Location: Room 2172, Rayburn Building.

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.

6:30 PM. The Copyright Alliance and the Washington Area Lawyers for the Arts (WALA) will host a workshop titled "Copyright and Contract Basics". The speaker will be John Mason (Intellectual Property Group). Location: 4th floor, James Renwick Alliance Education Room, Artomatic building, 55 M St., SE.

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.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of June 15.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Behavioral Advertising: Industry Practices And Consumers’ Expectations". Location: Room 2123, Rayburn 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 SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee, and Wireless Telecommunications Committee, will host a brown bag lunch titled "Adaptive Modulation for “Long Haul” Point-to-Point Microwave Relays -- a tool for improved spectrum efficiency or anticompetitive spectrum warehousing?". The speakers may include James Wolfson (President of X-DOT, Inc.), Scott Nelson (Alcatel-Lucent), and someone from the FCC's Wireless Telecommunications Bureau. For more information, contact Tami Smith at tsmith07 at sidley dot com or 202-736-8257. Location: Sidley Austin, 1501 K St., NW.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Terrorism, Nonproliferation and Trade will hold a hearing titled "The Export Administration Act: A Review of Outstanding Policy Considerations". The witnesses will include John Engler (NAM), Arthur Shulman (Wisconsin Project on Nuclear Arms Control), and Owen Herrnstadt (International Association of Machinists and Aerospace Workers). See, notice. Location: Room 2172, Rayburn Building.

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

Day two 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.

12:30 - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "Investment in China and the Economic Slowdown ... Where Do We Go From Here?". The speakers will be Mark Michelson (APCO) and William Wilson (Wilson International Law). The price to attend ranges from $10 to $15. The DC Bar events are not open to the public. See, notice. Location: Wilson International Law, Suite 1220, 1101 17th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the March 12, 2009, petition filed by Denali Spectrum License Sub, LLC asking the FCC to forbear from applying the unjust enrichment provisions of the FCC's competitive bidding rules. See, notice in the Federal Register, June 9, 2009, Vol. 74, No.109, at Pages 27318-27319.

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

9:00 AM. The Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC) will meet. See, notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25811-25812. Location: IRS, Room 2116, 1111 Constitution Ave., NW.

Day three 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 to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) regarding how to increase openness and transparency in government. This relates to President Obama's January 21, 2009, memorandum entitled "Transparency and Open Government". See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23901-23902.

Deadline to submit certain reply comments to the Federal Communications Commission (FCC) in response to its supplemental Notice of Inquiry [22 pages in PDF] regarding its preparation of a video competition report for the years ending June 30, 2007, June 30, 2008, and June 20, 2009. This deadline pertains to comments regarding 2007 and 2008. See, notice in the Federal Register, April 27, 2009, Vol. 74, No. 79, at Pages 19085-19091. See also, story titled "FCC Resumes Its Statutory Obligation to Study Video Competition" in TLJ Daily E-Mail Alert No. 1,886, January 21, 2009, and story titled "FCC Releases Amended NOI on Annual Video Competition Reports" in TLJ Daily E-Mail Alert No. 1924, April 11, 2009.

8:30 AM - 4:30 PM. Day one of a two day public workshop hosted by the Department of Homeland Security's (DHS) Privacy Office titled "Government 2.0: Privacy and Best Practices". This workshop will address operational, privacy, security, and legal issues associated with government use of social media. This event is open to the public. See, notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Pages 17876-17877. See also, story titled "DHS Privacy Office Seeks Comments on Government Use of Social Media" in TLJ Daily E-Mail Alert No. 1928, April 16, 2009. Location: Atrium Ballroom, Washington Court Hotel, 525 New Jersey Ave., NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee and the Legislative Practice Committee, and the Copyright Society, will host a brown bag lunch titled "Communications and Copyright in the 111th Congress". The speakers will be staff of the House and Senate Commerce and Judiciary Committees. Location: NCTA, 25 Massachusetts Ave., NW.

2:00 - 3:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Cost of Privacy: A Debate on the Impact of Privacy Laws on Health IT Adoption". The speakers will be Daniel Casto (ITIF), Amalia Miller (University of Virginia), Catherine Tucker (MIT Sloan School of Management), and Deven McGraw (Center for Democracy and Technology). See, notice. Location: ITIF, Suite 610, 1101 K St., NW.

Effective date of, and deadline to submit comments regarding, the Department of Homeland Security (DHS) establishment of a new DHS system of records notice titled "DHS/USCIS -- 009 Compliance Tracing and Monitoring System". This CTMS will collect and use information related to the monitoring and compliance activities for researching and managing misuse, abuse, discrimination, breach of privacy, and fraudulent use of USCIS Verification Division's verification programs, the Systematic Alien Verification for Entitlements (SAVE), and E-Verify. See, notice in the Federal Register, May 22, 2009, Vol. 74, No. 98, at Pages 24022-24027.

Deadline to submit nominations to the Public Knowledge for its annual IP3 awards. For more information, contact Art Brodsky at abrodsky at publicknowledge dot org. Submit nominations to IP3nominees at publicknowledge dot org.