9/21. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech [8 pages in PDF] in which he proposed that the FCC promulgate rules that contain network neutrality mandates.

The other two Democratic Commissioners promptly issued releases expressing their support. Thus, a majority of the Commissioners have announced their support.

Genachowski (at left) said that his policy goal is "preserving and maintaining an open and robust Internet". He asserted that without FCC regulation "We could see the Internet's doors shut to entrepreneurs, the spirit of innovation stifled, a full and free flow of information compromised".

He stated in vague terms that the FCC should adopt rules that include the four principles of the policy statement [3 pages in PDF] adopted by the FCC in August of 2005, plus new principles of non-discrimination and transparency.

He announced that "I will soon circulate to my fellow Commissioners proposed rules prepared by Commission staff embodying the principles I've discussed, and I will ask for their support in issuing a notice of proposed rulemaking."

He boasted that "we will be focused on formulating policies that will maximize innovation and investment, consumer choice, and greater competition".

Genachowski gave a policy speech. The prepared text of his speech says nothing about where the FCC would derive statutory authority to promulgate the rules which he proposes. Nor did he address what would be the FCC's strategy for evading and surviving judicial review of any new rules.

He argued that "the free and open Internet faces emerging and substantial challenges. We've already seen some clear examples of deviations from the Internet's historic openness".

He cited three events. First, he said that "We have witnessed certain broadband providers unilaterally block access to VoIP applications (phone calls delivered over data networks)".

This is a reference to the FCC's dealings with a small company named Madison River Communications. The FCC's Enforcement Bureau was able to stop the VOIP blocking by consent decree [PDF] without resort to any network neutrality rules. The practice of VOIP blocking has not recurred. See also, story titled "FCC Stops Broadband Provider From Blocking VOIP Traffic" in TLJ Daily E-Mail Alert No. 1,089, March 7, 2005. That decree is DA 05-543 in File No. EB-05-IH-0110.

Second, he said that broadband providers have and implemented "technical measures that degrade the performance of peer-to-peer software distributing lawful content."

This is a reference to the FCC's August 2008 order [67 pages in PDF] pertaining to Comcast's management of certain peer to peer traffic. That order is the subject of a petition for review now pending before the U.S. Court of Appeals (DCCir). See, story titled "FCC Asserts Authority to Regulate Network Management Practices" in TLJ Daily E-Mail Alert No. 1,805, August 4, 2008. That order is FCC 08-183 in Docket No. 07-52.

Third, he said that "We have even seen at least one service provider deny users access to political content."

This is likely a reference to a brief dispute in 2007 between Verizon and the National Abortion Rights Action League (NARAL) regarding short code based services sent from and received by mobile phones. See, story titled "Verizon Wireless and Net Neutrality Advocates Clash Over Text Messaging" in TLJ Daily E-Mail Alert No. 1,647, September 27, 2007. See also, letter from Verizon Wireless to NARAL dated September 27, 2007, and NARAL's web page titled "NARAL Pro-Choice America Wins Fight over Corporate Censorship". See also, story titled "Public Knowledge Asks FCC to Declare that Blocking and Refusing to Carry Text Messages Violates Title II" in TLJ Daily E-Mail Alert No. 1,686, December 11, 2007. This proceeding is WT Docket No. 08-7.

In addition to these three events, Genachowski argued that there are three general reasons to be "concerned about the future of openness".

First, he said that there is "limited competition among service providers".

Second, he said that broadband service providers "rely upon revenue from selling phone service, cable TV subscriptions, or both. These services increasingly compete with voice and video products provided over the Internet. The net result is that broadband providers’ rational bottom-line interests may diverge from the broad interests of consumers in competition and choice."

The third reason for concern, said Genachowski, "involves the explosion of traffic".

He then announced that he would propose new rules, and described the content of those rules. He said, "I propose that the FCC adopt the existing principles as Commission rules, along with two additional principles that reflect the evolution of the Internet and that are essential to ensuring its continued openness."

The four principles in the 2005 policy statement (with footnotes omitted) are as follows:

"To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice."

"To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement."

"To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network."

"To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers."

Genachowski said that his fifth principle is "non-discrimination -- stating that broadband providers cannot discriminate against particular Internet content or applications."

He elaborated that this means that "they cannot block or degrade lawful traffic over their networks, or pick winners by favoring some content or applications over others in the connection to subscribers' homes. Nor can they disfavor an Internet service just because it competes with a similar service offered by that broadband provider."

However, he added that there should be exceptions, such as "reasonably managing their networks", for example, during "periods of network congestion". He also cited "efforts to ensure a safe, secure, and spam-free Internet experience, or to enforce the law".

He added that "open Internet principles apply only to lawful content, services and applications -- not to activities like unlawful distribution of copyrighted works". He said that "The enforcement of copyright and other laws and the obligations of network openness can and must co-exist."

He also stated that the FCC should "evaluate alleged violations of the non-discrimination principle as they arise, on a case-by-case basis".

Genachowski said that his sixth principle is "transparency". By this he means that broadband service providers "must be transparent about their network management practices". And, he noted that in the Comcast proceeding, referenced above, that Comcast initially acted "with no notice to subscribers or the public".

FCC Commissioner Mignon Clyburn released a statement in which she said that "I fully support Chairman Genachowski's intention to take affirmative measures to preserve the openness of the Internet."

FCC Commissioner Michael Copps released a statement in which he said that "Chairman Genachowski's bold announcement today is a significant further investment in safeguarding Internet Freedom. I salute him for it." He praised each of the six items in Genachowski's proposal. However, he did not endorse adopting rules according to Genachowski's proposal. It is possible that he may seek further regulation of broadband service providers, or further changes to the FCC's rules and declaratory rulings.

9/21. The two Republican Commissioners of the Federal Communications Commission (FCC), Robert McDowell and Meredith Baker, released a joint statement regarding FCC Chairman Julius Genachowski's speech [8 pages in PDF] proposing the promulgation of network neutrality rules.

The three Democrats, who constitute a majority of the Commission, all announced support on Monday, September 21. Hence, the two Republicans are not in a position to stop rules from being adopted.

McDowell and Baker (at right) wrote that "this dramatic proposal to grow government's involvement in Internet governance and management would appear to be a reversal of decades of precedent and of the Clinton-Gore Administration's bipartisan policy to allow a diverse assortment of technical experts, rather than politicians and bureaucrats, working in loosely knit non-governmental organizations to make such engineering decisions."

They wrote that these rules "will be monumental in their scope".

They added that "we are concerned that both factual and legal conclusions may have been drawn before the process has begun. Nonetheless, we look forward to reviewing any and all compelling evidence that may be developed in the record that illustrates the palpable harms that many allege. We do not believe that the Commission should adopt regulations based merely on anecdotes, or in an effort to alleviate the political pressures of the day, if the facts do not clearly demonstrate that a problem needs to be remedied."

9/21. Sen. Kay Hutchison (R-TX), the ranking Republican on the Senate Commerce Committee (SCC), introduced an amendment to HR 2996 [LOC | WW], the "Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010", which is being considered by the Senate, that would prohibit the Federal Communications Commission (FCC) from expending funds to develop and implement new network neutrality rules.

Sen. Hutchison (at right) stated in a release that "I am deeply concerned by the direction the FCC appears to be heading ... Even during a severe downturn, America has experienced robust investment and innovation in network performance and online content and applications. For that innovation to continue, we must tread lightly when it comes to new regulations."

She continued that "Where there have been a handful of questionable actions in the past on the part of a few companies, the Commission and the marketplace have responded swiftly. The case has simply not been made for what amounts to a significant regulatory intervention into a vibrant marketplace. These new regulatory mandates and restrictions could stifle investment incentives."

The cosponsors of the amendment are Sen. John Ensign (R-NV), Sen. Sam Brownback (R-KS), Sen. David Vitter (R-LA), Sen. Jim DeMint (R-SC), and Sen. John Thune (R-SD).

HR 2996 is an appropriations bill, effective during only one fiscal year. The amendment, if adopted and enacted into law, would provide only temporary relief to opponents of network neutrality rules.

9/21. Numerous persons offered reactions to the September 21, 2009, speech [8 pages in PDF] of Federal Communications Commission (FCC) Chairman Julius Genachowski in which he advocated FCC promulgation of rules that contain network neutrality mandates.

Congress. Sen. Jay Rockefeller (D-WV), the Chairman of the Senate Commerce Committee (SCC), stated in a release that "An open Internet has been key to expanding economic, education, and healthcare opportunities to consumers and businesses, especially in rural areas, as well as facilitating political dialogue among all Americans. At times, this free market of ideas has been threatened by communications providers blocking access to lawful content and applications. Such actions harm all Internet users and undermine the innovation that has made this country strong. I applaud Chairman Genachowski's proposal as a good first step toward protecting consumers' rights and the integrity of a free and open Internet for all Americans."

Rep. Cliff Stearns (R-FL), the ranking Republican on the House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet stated in a release that "I am concerned by Chairman Genachowski’s announcement that he intends to adopt proposed Internet regulations governing net neutrality that will inhibit the way Internet providers control their networks.These regulations will discourage investment and innovation, and are not warranted by the facts. The Chairman neglected to mention this proposal at our FCC oversight hearing held on Thursday, and it also appears that he failed to give his Republican colleagues on the commission much advance notice of his planned announcement or the opportunity to discuss the underlying issue. The Chairman spoke at our hearing of returning data-driven analysis and transparency to the FCC, and his first major announcement appears to fall short of this."

Rep. Ed Markey (D-MA), who has long and unsuccessfully sought passage of network neutrality legislation by the HCC, stated in a release that "I commend Chairman Genachowski’s announcement that he intends to circulate proposed rules to establish openness, transparency and non-discrimination as guiding Internet principles in the near future".

Broadband Service Providers. Kyle McSlarrow, head of the National Cable and Telecommunications Association (NCTA), stated in a release that "any regulation in this arena should be approached with great caution and only in the most targeted way, and to advocate policies that avoid government entanglement in operational decisions that could undermine the very dynamism of the Internet we all seek to preserve".

McSlarrow also stressed the necessity of "reasonable network management practices", and stated that "it is important for any framework to respect the intellectual property rights of those creating new services, applications and content".

Walter McCormack, head of US Telecom, stated in a release that "All Americans enjoy an open and free Internet today." He added that "the bar needs to be set very high when it comes to additional government interventions that could potentially disrupt the tremendous innovation and investment that have defined U.S. broadband for the past several years under the FCC’s existing open Internet principles".

Steve Largent, head of the CTIA, which represents wireless broadband service providers, stated in a release that "we are waiting to read the contents of the Notice of Proposed Rulemaking ".

He took issue with Genachowski's assertion that one reason for seeking these rules is limited competition. Largent said that "Unlike the other platforms that would be subject to the rules, the wireless industry is extremely competitive, extremely innovative, and extremely personal. How do the rules apply to the single-purpose Amazon Kindle? How does it apply to Google’s efforts to cache content to provide a better consumer experience? How about the efforts from Apple and Android, Blackberry and Nokia, Firefly and others to differentiate the products and services they develop for consumers? Should all product and service offerings be the same?"

Largent also took issue with Genachowski's assertion that the new rules will maximize investment. Largent said that the FCC "need only look at the results of the 700 MHz auction to understand the impact on investment. The C Block rules, which included an open requirement, had only two bidders, and sold for significantly less. The other licenses, which sold for significantly more, were sold with the promise that the spectrum would not be subject to the open rules."

See, stories titled "FCC Closes 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008; and, story titled "FCC Releases Details of 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,735, March 24, 2008.

Largent also raised the associated fairness argument. "Now the Commission is considering changing the rules after the auction -- impacting companies' confidence in the auction process -- just as carriers are facing a brewing spectrum crisis."

Network Neutrality Advocates. Ed Black, head of the Computer and Communications Industry Association (CCIA), praised Genachowski's speech in a release. He said that "Access to an open public Internet is characteristic of most industrialized democracies around the world where people wonder why it is controversial here." He added that "Adding nondiscrimination and transparency rules would provide reassurances that whoever controls the pipe will not also control content."

Leslie Harris, head of the Center for Democracy and Technology (CDT) stated in a release that "the genius of the Internet is its open platform". She added that "By putting Internet neutrality on the front burner of communications policy" Genachowski "is taking a bold step to make sure the Internet stays open, innovative and free from gatekeepers".

Gigi Sohn, head of the Public Knowledge (PK), praised Genachowski's speech in one release, and Commissioners' Copps and Clyburn's support in another release. She said that "Copps is a longtime champion of Net Neutrality", and that "We were very pleased to see Commissioner Clyburn add her support". The PK is a Washington DC based group whose advocacy is usually aligned with the policy goals of Google.

9/21. The European Commission (EC) belatedly released its decision in its antitrust action against U.S. chipmaker Intel. It announced this decision back in May of 2009.

The EC announced in a thin news release on May 13, 2009 that it "imposed a fine of €1 060 000 000 on Intel". See, story titled "EC Fines Intel One Billion Euros" in TLJ Daily E-Mail Alert No. 1,937, May 12, 2009. See also, story titled "European Commission Initiates Proceeding Against Intel Alleging Anticompetitive Behavior" in TLJ Daily E-Mail Alert No. 1,617, July 26, 2007.

On September 21, 2009, the EC released a 518 page document [PDF] titled "Commission Decision of relating to a proceeding under Article 82 of the EC Treaty and Article 54 of the EEA Agreement". This document is heavily redacted, but nevertheless provides detail on the EC's conclusions, and the evidence in support.

The EC also released a shorter document [7 pages in PDF] titled "Decision Summary". It also issued a release.

Neelie Kroes (at left), the EC Competition Commissioner, stated in a short English language video that "Intel abused its dominant position on the market for computer chips known as the x86 central processing units ... It is in violation of Article 82 of the EC Treaty, and this violation lasted for more than five years. ... It used anticompetitive practices to exclude essentially its only competitor ..."

The EC concluded that Intel violated Section 82's prohibition on abuse of a dominant position by offering conditional rebates and payments to its computer manufacturer and retailer customers, and by imposing restrictions, for the purpose of excluding AMD from the market.

Intel is a U.S. company. The EC's action responds to the complaint of AMD, another U.S. company. Article 82 of the EC Treaty prohibits an abuse of dominant position "in so far as it may affect trade between Member States". The 518 page document contains only five short paragraphs and associated footnotes on this subject. The EC document offers the cursory conclusion, without reference to evidence, that "it is concluded that Intel's abusive practices may affect trade between Member States".

This document does not explain why the EC is acting as de facto antitrust regulator of the US tech sector, and asserting and establishing itself as a de facto global antitrust regulator.

Intel announced numerous changes to its corporate leadership on September 14, 2009. In particular, it stated that Bruce Sewell, its General Counsel, will leave the company. He will be replaced on an interim basis by Suzan Miller, Deputy General Counsel. See, release.

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "this is one of the best-documented, most clear-cut antitrust cases -- detailing a pattern of systemic, company wide behavior -- we have seen."

He continued that "Internal email exchanges illustrate the lengths that Intel went to engage in its anticompetitive practices. Not only did Intel have a vast apparatus of employees and mechanisms in place to formulate and implement its exclusive arrangements, but it also spent a great deal of resources investigating, threatening and punishing those customers who did not comply with the restrictions on purchasing and selling AMD products.  In fact, the evidence shows the contortions Intel went through so as to not put certain 'arrangements' in writing, apparently because it knew that what it was doing was illegal."

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of September 21.

The Senate will meet at 10:00 AM for morning business. It will then resume consideration of HR 2996 [LOC | WW], the "Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010".

9:00 AM - 5:00 PM. The Georgetown University law school will host a closed conference titled "Georgetown Law Global Antitrust Enforcement Symposium". At 9:00 AM Philip Lowe (Director General, Directorate General for European Competition, European Commission) will give a speech. At 9:30 AM there will be a panel titled "Mergers: New Enforcement Attitudes in a Time of Economic Challenge". At 11:00 AM there will be a panel titled "Monopolization and Dominance: How Will New Economic Thinking Affect Enforcement?". At 12:30 PM Christine Varney (Assistant Attorney General in charge of the DOJ's Antitrust Division) will give the lunch speech. The DOJ states that Varney's speech is open to reporters; contact Kara Tershel at 202-662-9500 or kat5 at law dot georgetown dot edu. At 2:00 PM there will be a panel titled "Cartels: Latest Developments in Investigations and Prosecutions". At 3:30 PM Jon Liebowitz (FTC Chairman) will speak. Location: Georgetown University Law Center, Hart Auditorium, McDonough Hall, 600 New Jersey Ave., NW.

9:30 AM. The Center for Democracy & Technology (CDT) and Pepper Hamilton (PH) will host a seminar and news conference regarding the Federal Information Security and Management Act (FISMA). The speakers will include Ari Schwartz (CDT) and Mischel Kwon (PH). Breakfast will be served from 8:30 AM. Location: Hamilton Square Building, Penthouse, 600 14th., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hold oral argument in Cablevision Systems Corporation v. FCC, App. Ct. No. 07-1425. This is a petition for review of the FCC's order extending the exclusivity prohibition. See, FCC's brief [PDF]. Judges Sentelle, Griffith and Kavanaugh will preside. Location: 333 Constitution Ave., NW.

10:00 AM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, August 12, 2009, Vol. 74, No. 154, at Page 40595. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:30 AM - 12:00 NOON. The Information Technology and Innovation Foundation (ITIF) will host an event to release a study titled "Explaining International Health IT Leadership". The speakers will be Daniel Castro (ITIF), Hannu Hanhijarvi (Finland), and Christina Wanscher (Denmark). See, notice. Location: ITIF, Suite 610, 1101 K St., NW.

11:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights and Civil Liberties will hold a hearing titled "USA PATRIOT Act". See, notice. The HJC will webcast this hearing. Location: Room 2141, Rayburn Building.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch. Fernando Schulhof will discuss "the Brazilian telecoms market". Register by September 15 with Jennifer Ullman at Jennifer dot ullman at verizon dot com. Location: Verizon, 1300 I St., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Beginner’s Guide to Publishing Law and Publishing Agreements". The speaker will be Gail Ross (Lichtman Trister & Ross). The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day one of a three day closed event hosted by the New America Foundation (NAF) titled "Beyond Broadband Access: Data Based Information Policy for a New Administration". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

The House will meet at 10:00 AM for legislative business. The House may consider, under suspension of the rules, HR 3593 [LOC | WW], an untitled bill to amend the United States International Broadcasting Act of 1994 to extend by one year the operation of Radio Free Asia. See, Rep. Hoyer's schedule for week of September 21.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Reauthorizing the USA PATRIOT Act: Ensuring Liberty and Security". The witnesses will be David Kris (Assistant Attorney General in charge of the DOJ's National Security Division), Glen Fine (DOJ Inspector General), Suzanne Spaulding (Bingham Consulting Group), Kenneth Wainstein (O'Melveny & Meyers), and Lisa Graves (Center for Media and Democracy). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts and Competition Policy will hold a hearing titled "Expansion of Top Level Domains and its Effects on Competition". The witnesses will be Doug Brent (COO of ICANN), Richard Heath (International Trademark Association), Paul Stahura (eNOM), and Steve DelBianco (NetChoice). See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in I4i v. Microsoft, App. Ct. No. 2009-1504. This is a patent infringement case involving XML and Microsoft Word. Location: Courtroom 201.

1:00 - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on four nominees for judgeships in California. The nominees are Jacqueline Nguyen and Dolly Gee (U.S. District Court for the Central District of California) and Edward Chen and Richard Seeborg (USDC, Northern District of California). The SJC will webcast this hearing. Sen. Dianne Feinstein (D-CA) will preside. See, notice. Location: Room 226, Dirksen Building.

4:00 - 6:00 PM. The House Intelligence Committee's (HIC) Subcommittee on Terrorism, HUMINT, Analysis and Counterintelligence will hold a closed hearing titled "I&A Reform Effects". See, notice. Location: Room HVC-304 Hearing Room, Capitol Building.

Day two of a three day closed event hosted by the New America Foundation (NAF) titled "Beyond Broadband Access: Data Based Information Policy for a New Administration". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 21.

9:00 AM - 4:30 PM. The National Telecommunications and Information Administration's (NTIA) Online Safety and Technology Working Group (OSTWG) will meet. See, agenda [PDF] and notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46099-46100. Location: Department of Commerce, Room 4830, 1401 Constitution Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "A National Interoperable Broadband Network For Public Safety: Recent Developments". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment will hold a hearing titled "I&A Reconceived: Defining a Homeland Security Intelligence Role". The witness will be Bart Johnson, acting Under Secretary in charge of the DHS's Office of Intelligence and Analysis. The HHSC will webcast this hearing. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009", and S 1670 [LOC | WW], the "Satellite Television Modernization Act of 2009". The agenda also includes consideration of four U.S. Attorney nomination: Paul Fishman (District of New Jersey), Jenny Durkan (Western District of Washington), Florence Nakakuni (District of Hawaii), and Deborah Gilg (District of Nebraska). See, notice. The SJC will webcast this event. The SJC rarely follows its published agendas. Location: Room 226, Dirksen Building.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

1:00 PM. The House Small Business Committee's (HSBC) Subcommittee on contracting and Technology will hold a hearing titled "The Roles of Federal Labs in Spurring Innovation and Entrepreneurship Across the U.S." Location: Room 2360, Rayburn Building.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Research and Science Education will meet to mark up HR __, the "Cybersecurity Research and Development Amendments Act of 2009". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

3:00 - 4:30 PM. The House Intelligence Committee (HIC) will hold a closed hearing. The witness will be Dennis Blair (Director of National Intelligence). See, notice. Location: Room HVC-304 Conference Room 1, Capitol Building.

Day three of a three day closed event hosted by the New America Foundation (NAF) titled "Beyond Broadband Access: Data Based Information Policy for a New Administration". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

Deadline to submit comments, or petitions to deny, to the Federal Communications Commission (FCC) in response to the applications of Caribbean Crossings Ltd. and Trinity Communications Ltd. for transfer of control pursuant to the Submarine Cable Landing Licensing Act and Section 214 of the Communications Act. Since the Bahamas is not a member of the World Trade Organization (WTO) the applicants seek an FCC determination that the Bahamas provides effective competitive opportunities to U.S. carriers. See, public notice [PDF]. It is DA 09-1856 in IB Docket No. 09-149.

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 21.

9:00 - 10:30 AM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Next-Generation Parental Controls & Child Safety Efforts". The speakers will be Adam Thierer (PFF), Stephen Balkam (Family Online Safety Institute), Steve Crown (Microsoft), and Dane Snowden (CTIA). See, notice and registration page. Location, Room H-137, Capitol Building.

10:00 AM - 12:00 NOON. The Federal Communications Commission (FCC) will hold a workshop titled "Ten-Digit Numbering and E911 Requirements for VRS and IP Relay". See, notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:30 AM - 12:00 NOON. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Building in the Sandbox: End-to-End Arguments and Internet Innovation". The speakers will be Richard Bennett (ITIF), John Day (Boston University Metropolitan College), Christopher Yoo (University of Pennsylvania law school), William Lehr (MIT), and David Farber (Carnegie Mellon University). See, notice. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "The Role of In-House Counsel". The speakers will be Eric Einhorn (Windstream Communications), Jerald Fritz (Allbritton Communications), Cristina Pauze (Time Warner Cable), and Richard Whitt (Google). For more information, contact Micah Caldwell at mcaldwell at fh-law dot com or Evan Morris at emorri05 at harris dot com. Location: Harris Corporation, Suite 650E, 600 Maryland Ave., SW.

12:30 - 2:00 PM. The New America Foundation (NAF) will host an event titled "Broadband Competition Policy Broadband Competition Policy: How Much Regulation is Enough?" The speakers will be Ben Scott (Free Press), Everett Ehrlich (ESC Company), Mark Cooper (Consumer Federal of America), Robert Atkinson (Information Technology & Innovation Foundation), and Michael Calabrese (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding the recommendations of its World Radiocommunication Conference Advisory Committee (WRC-11 Advisory Committee). See, public notice [2 pages in PDF], Attachment 1 [54 pages in PDF], and Attachment 2 [18 pages in PDF]. It is DA 09-1994 in IB Docket No. 04-286.

Yom Kippur begins at sundown.

Yom Kippur.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "Benchmarking Leading Countries' National Innovation Policies". The speakers will be Rob Atkinson (ITIF), Stephen Ezell (ITIF), Debra Amidon (Entovation International) and Peter Westerstråhle (government of Finland). See, notice. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

12:00 NOON - 1:00 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host a brown bag lunch for planning purposes. For more information, contact Edgar Class at eclass at wileyrein dot com or 202-719-7504. Location: Wiley Rein, Conference Room 9E, 1750 K St., NW.

Deadline to submit reply comments to the Copyright Office regarding its proposed rules regarding registration of copyright in online works. See, notice in the Federal Register, July 15, 2009, Vol. 74, No. 134, at Pages 34286-34290, and story titled "Copyright Office Proposes New Rules for Registration of Online Only Works" in TLJ Daily E-Mail Alert No. 1,970, July 15, 2009.

Opening conference of the Supreme Court, October Term 2009. See, Supreme Court calendar.

TIME? The Federal Communications Commission (FCC) will host an event titled "open meeting". The agenda [PDF] includes a staff report on the status of the FCC drafting of document titled "National Broadband Plan". For more information, contact Jen Howard at 202-418-0506 or jen dot howard at fcc dot gov. Location: FCC, Commission Meeting Room, 445 12th St., SW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "How to Protect and Enforce Trademark Rights". The speakers will be Shauna Wertheim (Marbury Law Group) and Steven Hollman (Hogan & Hartson). The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2009 David Carney. All rights reserved.