Tech Law Journal Daily E-Mail Alert
Sunday, September 27, 2009, Alert No. 1,990.
Home Page | Calendar | Subscribe | Back Issues | Reference
AT&T Accuses Google of Call Blocking and/or Violation of Network Neutrality Principles

9/25. AT&T submitted a letter to the Federal Communications Commission (FCC) in which it states that Google Voice engages in call blocking, violation of the FCC's 2005 policy statement, and/or violation of the proposed non-discrimination principle of net neutrality. The letter urges the FCC to "order Google to play by the same rules as its competitors".

The letter addresses application of law and policy principles to Google's application named Google Voice. Yet, it is also deliberately and carefully vague as to both alleged violations and requested remedies.

The letter appears to be an effort to disparage Google (which has led a campaign of unkind words directed at AT&T and other telcos and cable companies), to refocus FCC and public attention from AT&T's to Google's services and practices, and to expand the scope of the forthcoming net neutrality mandates to encompass companies such as Google.

AT&T wrote that Google is "one of the most noisome trumpeters of so-called ``net neutrality创 regulation". Then; AT&T quoted the Financial Times as authority for the proposition that Google is acting in an inconsistent manner. Rather than making key factual allegations, the AT&T cited statements of fact contained in news stories in the Wall Street Journal and other publications.

The letter contains the assertion, citing news reports, that "Google is systematically blocking telephone calls from consumers that use Google Voice to call telephone numbers in certain rural communities".

The AT&T letter states that "Other providers" (AT&T does not explain the term "providers") are "banned from call blocking because in June 2007, the Wireline Competition Bureau emphatically declared that all carriers are prohibited from pursuing ``self help actions such as call blocking.创 The Bureau expressed concern that call blocking ``may degrade the reliability of the nation抯 telecommunications network.创" See, June 28, 2007, Declaratory Ruling and Order (DR&O) [4 pages in PDF].

AT&T thus argues that Google is reducing its access expenses in a manner that is barred to carriers. The letter states that Google Voice competes with carriers such as AT&T.

The letter continues that "Google Voice includes a calling platform that offers unified communications capabilities and a domestic/international audio bridging telecommunications service that, with the assistance of a local exchange carrier known as Bandwidth.com, provides the IP-in-the-middle connection for calls between traditional landline and/or wireless telephones. As such, Google Voice would appear to be subject to the same call blocking prohibition applicable to providers of other telecommunications services." (Footnotes omitted.)

The AT&T letter then argues in the alternative. "But even if Google Voice is instead an "Internet application,创 Google would still be subject to the Commission's Internet Policy Statement, whose fourth principle states that ``consumers are entitled to competition among network providers, application and service providers, and content providers.创" See, the FCC's policy statement [3 pages in PDF], adopted on August 5, 2005. See also, stories titled "FCC Adopts a Policy Statement Regarding Network Neutrality" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005, and "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005.

Finally, the letter asserts that "Google is also flouting the so-called ``fifth principle of non-discrimination创 for which Google has so fervently advocated. According to Google, non-discrimination ensures that a provider ``cannot block fair access创 to another provider. But that is exactly what Google is doing when it blocks calls that Google Voice customers make to telephone numbers associated with certain local exchange carriers." (Footnote omitted.)

FCC Chairman Julius Genachowski gave a speech [8 pages in PDF] on September 21, 2009, in which he proposed that the FCC promulgate rules that contain network neutrality mandates -- namely, the four principles in the 2005 policy statement, plus the principles of non-discrimination and transparency. See also, story titled "Genachowski, Copps and Clyburn Back Net Neutrality Rules", and stories titled "McDowell and Baker Comment on Genachowski Proposal to Adopt Net Neutrality Rules", "Sen. Hutchison Offers Amendment to Appropriations Bill to Block FCC Net Neutrality Rulemaking", and "More Reaction to Genachowski's Network Neutrality Speech" in TLJ Daily E-Mail Alert No. 1,986, September 22, 2009.

AT&T argued that "there is no sound reason to radically expand and codify" the four principles in the 2005 policy statement, but that if the FCC does so, it "absolutely must ensure that any such rules apply evenly -- not just to network operators but also to providers of Internet applications, content and services".

AT&T also wrote that Google's inconsistency "highlights the fallacy of any approach to Internet regulation that focuses myopically on network providers, but not application, service, and content providers. To the extent ``net neutrality创 is animated by a concern about ostensible Internet ``gatekeepers,创 that concern must necessarily apply to application, service, and content providers that, like Google, can exercise their power to control which websites consumers will see and which consumers' calls will be blocked." (Footnote omitted.)

AT&T did not style its letter a complaint. The letter references two FCC proceedings -- Docket Nos. 07-52 and 07-135.

07-52 is the docket number for the FCC's proceeding titled "In the Matter of Broadband Industry Practices". The FCC adopted a Notice of Inquiry (NOI) on March 22, 2007, and released it on April 16, 2007. It is FCC 07-31. See, story titled "FCC Adopts NOI Regarding Broadband Market Practices" in TLJ Daily E-Mail Alert No. 1,556, March 27, 2007.

Also, on August 1, 2008, when the FCC adopted an order [67 pages in PDF] in which it asserted authority to regulate the network management practices of broadband service provides, that order referenced Docket No. 07-52. That order followed a complaint submitted by Public Knowledge alleging that Comcast's network management practices violated the FCC's 2005 policy statement. See, story titled "FCC Asserts Authority to Regulate Network Management Practices" in TLJ Daily E-Mail Alert No. 1,805, August 4, 2008.

07-135 is the docket number for the FCC's proceeding titled "In the Matter of Establishing Just and Reasonable Rates for Local Exchange Carriers". The FCC adopted and released a the above hyperlinked DR&O in this proceeding on June 28, 2007. It is DA 07-2863. The FCC also adopted and released a Notice of Proposed Rulemaking (NPRM) [24 pages in PDF] on October 2, 2007. It is FCC 07-176.

Derek Turner of the Free Press (an ally of Google in policy debates over net neutrality mandates) stated in a release that this AT&T letter is a "red herring" and a "political stunt".

He continued that "Whether Google Voice should be subject to the same rules as a traditional telephone service has absolutely nothing to do with Net Neutrality rules. The FCC has been grappling for years with the issue of how to apply a regulatory classification to voice-over-the-Internet services that connect to the conventional phone network. This issue is nothing new. The FCC certainly should not let AT&T's misdirection delay its rulemaking on the separate issue of Net Neutrality -- spats between two dueling giants cannot be allowed to stand in the way of Internet freedom."

On September 18, 2009, the FCC published a letter [PDF] from Richard Whitt of Google to James Schlichting of the FCC's Wireless Telecommunications Bureau (WTB) dated August 21, 2009, regarding "Apple's Rejection of Google Voice for iPhone Application".  In this letter Google responds to questions from the FCC regarding Google Voice.

Google wrote that "Google Voice is an enhanced voice and data messaging application that provides number management and related services to users who have one or more existing wireline or mobile phone services. The proposed Google Voice for iPhone is a software application designed to allow Google Voice users to utilized their iPhone to manage their phone numbers and voicemail, integrate contacts, place outbound calls, and send SMS messages from their Google Voice phone number. The application does not provide the underlying communications pathway, or the separate SMS service. The application can be fully integrated with the users' stored iPhone contacts to make calling and messaging easier. The application can only be utilized by users with an active Google Voice account, which currently is an invitation-only service."

Google stated in this letter that "Apple representatives informed Google that the Google Voice application was rejected because Apple believed the application duplicated the core dialer functionality of the iPhone. The Apple representatives indicated that the company did not want applications that could potentially replace such functionality."

Google also stated that there have been no communications on this subject between Google and AT&T.

Google added that Apple has approved other Google applications for the Apple App Store, including Google Earth and Google Mobile, and that Google has no other pending applications with Apple.

Sen. Hutchison Criticizes Net Neutrality Rules Proposal

9/25. The Hill published a piece by Sen. Kay Hutchison (R-TX), the ranking Republican on the Senate Commerce Committee (SCC), titled "Four principles to harness benefits of advancements".

She argues for encouraging research and development, encouraging investment "through targeted tax incentives", avoiding "extraordinary oversight and unnecessary or burdensome regulation", and individual choice.

Regarding proposals to impose net neutrality mandates, she wrote that "Advocates claim it is an essential regulatory approach to further promote the Internet as an open platform for innovation and economic growth, while discouraging intentional discrimination against particular content or applications. The nature of the Internet guarantees a measure of openness. Because it is a vibrant marketplace with billions of dollars of new investment, I am not convinced additional regulatory intervention is needed to ensure its broad availability."

She also addressed Federal Communications Commission (FCC) Chairman Julius Genachowski's September 21, 2009, speech [8 pages in PDF] in which he proposed that the FCC promulgate regulations. "Regulations that would limit broadband carriers' ability to manage their networks in the manner that is best for their business and to meet their consumers' varying usage needs is the wrong policy approach. It will discourage investment and innovation in network infrastructure by creating uncertainty. I will ask the Obama administration to rethink this effort."

She concluded that "In the few prior instances of misconduct, consumers and the marketplace have responded swiftly, which has kept the Internet an open platform for innovation. Before new restrictions and regulations are imposed, we must understand why they are essential. In my judgment, the need hasn抰 been demonstrated."

Obama Names Intellectual Property Enforcement Coordinator

9/25. President Obama announced his intent to nominate Victoria Espinel to be the Intellectual Property Enforcement Coordinator (IPEC). See, White House news office release.

This is a new position, created in the 110th Congress by Section 301 of S 3325 [LOC | WW], the "Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008". See, story titled "Congress Passes IPR Enforcement Bill" in TLJ Daily E-Mail Alert No. 1,836, October 1, 2008.

She previously held various positions at the Office of the U.S. Trade Representative (OUSTR), most recently Assistant U.S. Trade Representative for Intellectual Property and Innovation. She has also worked for Congressional committees, and for the law firms of Covington & Burling and Sidley Austin.

Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee, stated in a release that "I am pleased that today President Obama announced that he intends to nominate Victoria Espinel to this important position. Intellectual property is among our most valuable, and most vulnerable, assets. I believe Ms. Espinel's experience will prove valuable in this inter-agency effort, and I look forward to working with her and the administration to strengthen and enforce the laws protecting our intellectual property."

Robert Holleyman, head of the Business Software Alliance, stated in a release that "She will bring considerable firepower to the Administration抯 efforts to promote IP policies that are modern, comprehensive, and enforceable."

He added that "Better coordination of the anti-piracy efforts of agencies such as the Department of Justice, the US Patent and Trademark Office, and the US Trade Representative under focused White House leadership will help ensure that the software industry -- and all industries that depend on software -- can continue to innovate and propel the US economy."

Mitch Bainwol, head of the Recording Industry Association of America (RIAA), stated in a release that "Victoria is a polished and respected veteran on intellectual property and global trade-related issues. Throughout her distinguished career, she has worked to establish herself as one of the top minds in the global intellectual property forum. She brings an impressive track record to this newly-created but vital position. This valuable expertise will help protect the American jobs, ingenuity and creative innovation that helps drive so much of our economy. We encourage Congress to move quickly to approve her nomination."

Dan Glickman, head of the Motion Picture Association of America (MPAA), also praised the nomination in a release.

Patrick Ross, head of the Copyright Alliance, stated in a release that "Now the real challenges begin. The copyright community will watch with great interest and stand ready to contribute where needed as this new office is established and begins operations. We urge the Administration to give her every resource, and encourage all officials with a stake in intellectual property enforcement to work with her on a task that is critical to our nation抯 economic growth and job creation."

Mark Bohannon, of the Software & Information Industry Association (SIIA), stated in a release that "She brings a deep experience in negotiations with other governments" and should be promptly confirmed.

Gigi Sohn, head of the Public Knowledge, stated in a release that "We believe she will be fair in her approach to intellectual property enforcement issues."

More People and Appointments

9/24. Massachusetts Governor Deval Patrick appointed Paul Kirk to fill on an interim basis the Massachusetts Senate seat vacated by the death of former Sen. Ted Kennedy (D-MA). See also, statement by President Obama.

More News

9/25. The Federal Communications Commission (FCC) issued a Public Notice [5 pages in PDF] in which it requests comments regarding "how governments at all levels promote broadband deployment and adoption, and how digital technologies and broadband deployment can improve civic engagement, government at all levels, and the lives and welfare of residents and businesses". This relates to its drafting of a "National Broadband Plan". This Public Notice is DA 09-2122 in GN Docket Nos. 09-47, 09-51 and 09-137. Comments are due by November 6, 2009.

9/25. The Rural Utilities Service (RUS) published a notice in the Federal Register that announces, describes, and sets the effective date (September 25, 2009) for, a narrow exception to the Smoot Hawley clause of the huge spending bill enacted in February of 2009. HR 1 [LOC | WW], at Division A, Title XVI, Section 1605, provides that "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of' a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States." The just announced exception applies only "for de minimis incidental components of eligible water infrastructure projects". See, Federal Register, September 25, 2009, Vol. 74, No. 185, at Pages 48901-48902.

9/25. Federal Communications Commission (FCC) Commissioner Julius Genachowski gave a speech [2 pages in PDF] in Washington DC to the National Association of Black Owned Broadcasters (NABOB). He said that "traditional media" are facing a "Perfect Storm". He elaborated that the "Broadcasters today are confronted with a difficult economy, a plummeting advertising market, and rapid technological change buffeting traditional business plans." He did not include FCC ownership rules or indecency regulation in this list. He also discussed "small businesses, women-owned, and minority-owned businesses". With respect to Arbitron's Portable People Meters (PPM), he said that the FCC "is still reviewing the record", and plans to hold a roundtable.

9/24. The U.S. District Court (SDNY) issued an order [PDF] delaying its hearing, scheduled for October 7, 2009, on the fairness of the settlement agreement in Authors Guild and American Association of Publishers v. Google. The Court will instead hold a status conference on that date. The Court has not set a new date for a class settlement fairness hearing. On September 18, 2009, the Department of Justice's (DOJ) Antitrust Division filed a pleading [32 pages in PDF] titled "Statement of Interest of the United States of America Regarding Proposed Class Settlement" in which it urged the Court to "reject the Proposed Settlement in its current form". See, story titled "DOJ Files Pleading in Google Books Case" in TLJ Daily E-Mail Alert No. 1,985, September 21, 2009.

9/25. The U.S. Patent and Trademark Office (USPTO) announced in a release that the USPTO and the African Regional Intellectual Property Organization (ARIPO) signed a "Workplan for Bilateral Cooperation on intellectual property issues" that will "promote the development of effective intellectual property systems in ARIPO member countries".

9/25. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft NIST IR 7628 [236 pages in PDF] titled "Smart Grid Cyber Security Strategy and Requirements". The deadline to submit comments is November 25, 2009.

9/22. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-127 [46 pages in PDF] titled "Guide to Security for Worldwide Interoperability for Microwave Access (WiMAX) Technologies". The deadline to submit comments is October 30, 2009.

Highlights of
Future of Music Coalition
Policy Summit
Sunday, October 4
12:15 - 1:15 PM. Panel titled "Music 2.0: How Musicians Can Use Technologies to Promote and Distribute Their Work".
1:15 - 2:15 PM. Panel titled "Super Social: Promotion and Networking Success Stories".
2:30 - 3:30 PM. Panel titled "Digital Ducets: Getting Paid in the Networked Age".
3:30 - 4:30 PM. Panel titled "DC101: A Musician's Guide to the Policy Landscape".
5:00 - 7:00 PM. Screening of "Copyright Criminals".
Monday, October 5
9:25 - 10:40 AM. Panel titled "The New DIY: Creative Control in an Accelerated World".
10:45 AM - 12:00 NOON. Panel titled "Scratch That: The Sample License Clearance Process and Artist Compensation".
12:00 NOON - 12:45 PM. Speech by Sen. Al Franken (D-MN).
Lunch break.
2:00 - 2:30 PM. Speech by FCC Chairman Julius Genachowski.
2:45 - 4:00 PM. Panel titled "Shattering the Crystal Ball: Peering Beyond the Digital Revolution". The speakers will be David Carson (Copyright Office), Roberta Katz (DOJ's Antitrust Division), Joanna Shelton (Google), Mitch Bainwol (RIAA), Peter Jenner (Sincere Management), Andrew Noyes (National Journal) and Tim Quirk (Rhapsody).
4:00 - 4:45 PM. Panel titled "NPR Music: Making Music Matter On-Air and Online".
4:45 - 6:00 PM. Panel titled "Intellectual Property, Privacy and Network Rights". The speakers will be Harold Feld (Public Knowledge), Michael Petricone (Consumer Electronics Association), Hal Ponder (American Federation of Musicians), Patrick Ross (Copyright Alliance), and Brian Zisk (Collecta).
Tuesday, October 6
9:00 -11:00 AM. Panel titled "Entertainment Law Ethics".
9:10 AM - 12:45 PM. Panel titled "Ideas, not Ideology: Visions of a Fitter Future for Music".
Lunch break.
Afternoon panels: "Critical Condition: The Future of Music Journalism", "Post-Millennium Analysis: The DMCA in the 21st Century", "The New Musicians' Toolbox", "Tag: Metadata抯 Growing Role in Artist Compensation", "Artists as Agents of Social Change", and "What Borders? Music Licensing, Cultural Preservation and Artist Compensation in an Increasingly International Marketplace".
In This Issue
This issue contains the following items:
  AT&T Accuses Google of Call Blocking and/or Violation of Network Neutrality Principles
  Sen. Hutchison Criticizes Net Neutrality Rules Proposal
  Obama Names Intellectual Property Enforcement Coordinator
  More People and Appointments
  More News
Washington Tech Calendar
New items are highlighted in red.
Sunday, September 27

Yom Kippur begins at sundown.

Monday, September 28

Yom Kippur.

The House will not meet.

The Senate will not meet.

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), Peter Westerstr録le (government of Finland), and Christopher Caine (Mercator XXI). 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.

EXTENDED TO OCTOBER 16. Deadline to submit reply comments to the Copyright Office regarding its proposed rules regarding registration of copyright in online works. See, original notice in the Federal Register, July 15, 2009, Vol. 74, No. 134, at Pages 34286-34290, and extension notice in the Federal Register, September 22, 2009, Vol. 74, No. 182, at Page 48191. See also, 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.

EXTENDED TO SEPTEMBER 30. Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993 (and) Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services". (Parentheses added.) This NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-72).

EXTENDED TO SEPTEMBER 30. Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Fostering Innovation and Investment in the Wireless Communications Market (and) A National Broadband Plan For Our Future". (Parentheses added.) This NOI is FCC 09-66 in GN Docket Nos. 09-157 and No. 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73).

Tuesday, September 29

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of September 28.

The Senate will meet at 11:30  AM. It will resume consideration of HR 3326 [LOC | WW], the "Department of Defense Appropriations Act, 2010".

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

8:30 AM - 5:00 PM. The Bureau of Industry and Security's (BIS) and MOFCOM's High Technology Working Group (HTWG) will meet. At 1:30 - 3:00 PM there will be a panel on information technology. See, agenda. Location: Ronald Reagan International Trade Center.

10:00 AM. The Senate Homeland Security and Government Affairs Committee's (SHSGA) Ad Hoc Subcommittee on Contracting Oversight will hold a hearing titled "Improving Transparency and Accessibility of Federal Contracting Databases". The witnesses will be Vivek Kundra (Federal Chief Technology Officer), Trey Hodgkins (TechAmerica), William Woods (GAO), and Adam Hughes (OMB Watch), See, notice. Location: Room 342, Dirksen Building.

1:00 PM. 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". See also, revised notice released on September 22. 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.

Wednesday, September 30

The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 28.

9:00 AM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Cyber Security". See, FCC web page related to the drafting of a document titled "National Broadband Plan". Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Advancing Freedom of Information in the New Era of Responsibility". The witnesses will be Thomas Perrelli (Associate Attorney General), Miriam Nisbet (National Archives and Records Administration), Tom Curley (AP), and Meredith Fuchs (GWU's National Security Archive). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Small Business Committee's (HSBC) Subcommittee on Contracting & Technology will hold a hearing titled "Expiring Tax Incentives: Examining their Importance for Small Businesses on the Road to an Economic Recovery". Location: Room 2360, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a brown bag lunch titled "The Origins of the Federal Trade Commission". The topic will be "the history of the antitrust laws and U.S. regulatory institutions". The speaker will be Marc Winerman (attorney adviser to FTC Commissioner William Kovacic). To request permission to participate by teleconference, see notice. To request permission to attend, contact Ellen Owens at elowens at jonesday dot com. Location: Jones Day, 7th floor, 300 New Jersey Ave., NW.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Transportation Security and Infrastructure Protection will hold a hearing titled "The Future of the Registered Traveler Program". The HHSC will webcast this hearing. Location: Room 311, Cannon Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Administrative Oversight and the Courts will hold a hearing titled "Responding to the Growing Need for Federal Judgeships: The Federal Judgeship Act of 2009". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

3:00 - 4:30 PM. The American Bar Association's (ABA) Section of Intellectual Property Law will host a panel discussion, by audio webcast and teleconference, titled "Trademark Fraud on the USPTO: A New Landscape". See, August 31, 2009, opinion [12 pages in PDF] of the U.S. Court of Appeals (FedCir) in In Re Bose, App. Ct. No. 2008-1448. The speakers will be Bill Barber (Pirkey Barber), Beth Chapman (Oblon Spivak), Charles Hieken (Fish & Richardson), and John Welch (Lando & Anastasi). Prices vary. See, notice.

6:00 - 7:30 PM. The DC Bar Association will host an event titled "Making Trademark Owners Whole: An Insightful Overview of Measuring and Proving Trademark Damages". The speakers will be Abram Hoffman and Danny Awdeh (Finnegan Henderson). The price to attend ranges from $20 to $35. Most DC Bar events are not open to the public. This event does not qualify for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Scheduled date for the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) to approve and announce grant awards under under the E-911 grant program authorized by the ENHANCE 911 Act. See, notice in the Federal Register, June 5, 2009, Vol. 74, No. 107, at Pages 26965-26981, and story titled "NTIA and NHTSA Publish E-911 Grant Program Rules" in TLJ Daily E-Mail Alert No. 1,949, June 5, 2009.

Deadline to submit to the Federal Communications Commission (FCC) nominations for membership on its Technological Advisory Council (TAC). See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46198-46199.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-81 Rev. 1 [118 pages in PDF] titled "Secure Domain Name System (DNS) Deployment Guide".

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993 (and) Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services". (Parentheses added.) This NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-72).

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Fostering Innovation and Investment in the Wireless Communications Market (and) A National Broadband Plan For Our Future". (Parentheses added.) This NOI is FCC 09-66 in GN Docket Nos. 09-157 and No. 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73).

Thursday, October 1

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 28.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will hold a partially closed meeting. See, notice in the Federal Register, September 16, 2009, Vol. 74, No. 178, at Page 47558. Location: DOC, Room 4830, 14th St. between Pennsylvania and Constitution Aves., NW.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Department of Homeland Security抯 R&D Priorities for Fiscal Year 2010". The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

10:30 AM. The Federal Communications Commission (FCC) will hold hearing titled "Capital Formation in the Broadband Sector" to assist it in drafting a "National Broadband Plan". See, release. Location: FCC, Commission Meeting Room, 445 12th St.,  SW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy will hold a hearing titled "Requirements and Compliance with the Federal Advisory Committee Act". Location: Room 2154, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Kate Ho (Columbia). She has published papers on health care markets. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

Effective date of the Federal Communications Commission's (FCC) rules changes that allow AM stations to use currently authorized FM translators for fill-in service within their current coverage areas. See, notice in the Federal Register, September 1, 2009, Vol. 74, No. 168, at Pages 45126-45131.

Friday, October 2

Rep. Hoyer's schedule for week of September 28 states that "no votes are expected in the House".

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, August 31, 2009, Vol. 74, No. 167, at Pages 44895-44896. Location: OUSTR, Room 1, 1724, F St., NW.

8:30 AM. Day two of a meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). See, notice in the Federal Register, September 16, 2009, Vol. 74, No. 178, at Page 47558. Location: DOC, Room 3884, 14th St. between Pennsylvania and Constitution Aves., NW.

8:30 AM - 4:45 PM. George Mason University (GMU) School of Law will host a partially closed event titled "Tragedies of the Gridlock Economy: How Mis-configuring Property Rights Stymies Social Efficiencies". The event is open to the public from 8:30 to 10:30 AM. It is closed from 10:30 AM to 4:45 PM. The closed portion includes panel discussions titled "Patent Thickets", "Relocation of the TV Band", and "Google Books Litigation". At 8:30 AM Michael Heller and Richard Epstein will discuss Heller's book [Amazon] titled "The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives". The speakers for the patent panel will be Michael Meurer (Boston University law school), Scott Kieff (Washington University school of law), and Adam Mossoff (GMU law school). The speakers for the spectrum panel will be Kevin Werbach (University of Pennsylvania business school), Thomas Hazlett (George Mason University law school), and Gerald Faulhaber (University of Pennsylvania business school). The speakers for the Google Books panel will be Doug Lichtman (UCLA law school), Robert Merges (UC Berkeley law school), and Chris Newman (GMU law school). To solicit an invitation to the closed portion of the event, contact iep dot gmu at gmail dot com. Location: GMU School of Law, Arlington, VA.

9:00 -11:30 AM. The American Enterprise Institute (AEI) will host a panel discussion titled "The Supreme Court's Business". The speakers will be Michael Greve (AEI), Brian Brooks (O'Melveny & Myers), John Elwood (Vinson & Elkins), and Jeremy Rabkin (George Mason University Law School). See, notice. Breakfast will be served. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Diversity and Civil Rights Issues in Broadband Policy". See, FCC web page related to the drafting of a document titled "National Broadband Plan". Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [62 pages in PDF] in its proceeding titled "In the Matters of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act (and) A National Broadband Plan for Our Future". (Parentheses added.) This NOI is FCC 09-65 in GN Docket Nos. 09-137 and 09-51. The FCC adopted this NOI on July 31, 2009, and released the text on August 7, 2009.

Sunday, October 4

Day one of a three day event hosted by the Future of Music Coalition titled "Future of Music Coalition Policy Summit". See, schedule. Location: Gaston Hall and Conference Center, Georgetown University, 37th and O Streets, NW.

About Tech Law Journal

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.

Solution Graphics

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.