10/15. Randall Rothenberg, head of the Interactive Advertising Bureau (IAB), sent a letter to Jonathan Liebowitz, Chairman of the Federal Trade Commission (FTC), regarding its revisions to its "Guides Concerning the Use of Endorsements and Testimonials in Advertising", announced on October 5, 2009.

These new Guides regulate the speech of "bloggers", and do so in a manner inconsistent with the regulation of "traditional media". See, story titled "FTC Makes Law Abridging the Freedom of Bloggers" in TLJ Daily E-Mail Alert No. 1,997, October 6, 2009.

The FTC published its notice, first in its web site on October 5, and then in the Federal Register (October 15, 2009, Vol. 74, No. 198, at Pages 53123-53143).

Rothenberg urges the FTC "to retract the current set of Guides and to commence a fair and open process in order to develop a roadmap by which responsible online actors can engage with consumers and continue to provide their invaluable content and services".

It is blunt and critical letter, that uses words rarely found in the communications of regulated industry groups to their regulators: "perverse", "Constitutionally dubious", "Big Brother", "Huh?".

The new Guides, on their face, disclose one of their First Amendment free speech Constitutional infirmity. The new Guides state that "bloggers may be subject to different disclosure requirements than reviewers in traditional media".

Rothenberg wrote that under the new Guides "opinions published by individuals have less protection than speech promulgated by large corporations; that “traditional” distribution channels deserve more protection than innovative online channels; and, finally, that the Internet, the cheapest, freest, most accessible communications medium ever invented, should have less freedom than other media."

He continued that "the implication that online social media represent a separate class of communications channels with less Constitutional protection than corporate-owned newspapers, radio stations, or cable television networks is of particularly grave concern."

He asserted that "new conversational media should be accorded the same rights and freedoms as other communications channels".

Furthermore, wrote Rothenberg, "the FTC's new Guides open the door to extremely selective pursuit and prosecution of those least able to defend themselves against government's hammer: the solo entrepreneurs and opinionated individuals who are most vital to the functioning of our democracy and economy."

He also reminded Liebowitz that "when you first mooted the new guidelines earlier this year. We offered to bring in bloggers, social media executives and others from among our membership and work with you to develop practical guidelines and self-regulatory mechanisms that would protect consumers from real harm, while assuring that independent opinion in digital media isn't stifled. But Commission staff did not follow up with us on our offer, held no public hearings on the proposed Guides, and ultimately dismissed our concerns."

The FTC has not requested public comments on these new Guides. However, the FTC has announced that it will hold a workshop on December 1-2, 2009, titled "From Town Crier to Bloggers: How Will Journalism Survive the Internet Age?" The FTC has requested comments prior to that workshop. The deadline is November 6, 2009.

See, story titled "FTC Requests Comments on Journalism, New Media and Online Advertising" in TLJ Daily E-Mail Alert No. 1,994, October 1, 2009.

10/13. The Department of Justice's (DOJ) Antitrust Division and the state of Louisiana filed a civil complaint in the U.S. District Court (DC) against AT&T Inc. and Centennial Communications Corp. alleging violation of Section 7 of the Clayton Act, which is codified at 15 U.S.C. § 18, in connection with AT&T's acquisition of Centennial.

The parties simultaneous filed a proposed Final Judgment that permits the acquisition, subject to divestiture of assets in eight cellular market areas.

Christine Varney, the Assistance Attorney General in charge of the DOJ's Antitrust Division, stated in a release that "These divestitures are necessary to preserve the benefits of competition for wireless customers in these areas of Louisiana and Mississippi".

AT&T's General Counsel, Wayne Watts, stated in a release that "The combination of AT&T and Centennial will bring together two complementary wireless businesses and will produce meaningful benefits for customers of both companies. The acquisition of Centennial’s assets will help us enhance our 3G wireless network".

This case is USA and Louisiana v. AT&T, Inc. and Centennial Communications Corp., U.S. District Court for the District of Columbia, D.C. No. 1:09-cv-01932-JDB.

The Federal Communications Commission (FCC), which conducts redundant antitrust merger reviews, has not yet approved this transaction. See, FCC's web page for its proceeding on this transaction. It is WT Docket No. 08-246.

10/15. The Government Accountability Office (GAO) released a report [53 pages in PDF] titled "Information Security: NASA Needs to Remedy Vulnerabilities in Key Networks".

This report states that "NASA networks and systems have been successfully targeted by cyber attacks. During fiscal years 2007 and 2008, NASA reported 1,120 security incidents that have resulted in the installation of malicious software on its systems and unauthorized access to sensitive information."

Rep. Bart Gordon (D-TN) (at right), Chairman of the House Science Committee (HSC), stated in a release that the "GAO's findings reminds us that much remains to be done to ensure the security of all of our federal agencies' IT networks ... Although cybersecurity has long been a priority for the federal government -- Congress has passed 12 major pieces of legislation that address the issue since 1987, both the Clinton and Bush Administrations instituted major cybersecurity initiatives, and $7 billion annually is spent on various aspects of securing cyberspace -- the threats to our systems remain."

The GAO report adds that "the control vulnerabilities and program shortfalls ... collectively increase the risk of unauthorized access to NASA's sensitive information, as well as inadvertent or deliberate disruption of its system operations and services. They make it possible for intruders, as well as government and contractor employees, to bypass or disable computer access controls and undertake a wide variety of inappropriate or malicious acts. As a result, increased and unnecessary risk exists that sensitive information is subject to unauthorized disclosure, modification, and destruction and that mission operations could be disrupted."

10/15. The House Commerce Committee's (HCC) approved without amendment HR 1147 [LOC | WW], the "Local Community Radio Act of 2009", a bill regarding low power FM (LPFM) radio.

The version of the bill approved by the full Committee on October 15 is the amendment in the nature of a substitute [11 pages in PDF] approved by the HCC's Subcommittee on Communications, Technology, and the Internet at its mark up on October 8, 2009.

Rep. Lee Terry (R-NE) (at left) stated in a release that "This is a huge victory for community groups who want to set up low power radio stations across the United States ... This legislation will help empower individuals and organizations who are devoted to fulfilling the interests and needs within their community."

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

This bill provides that the Federal Communications Commission (FCC) "shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to -- (1) prescribe protection for co-channels and first and second-adjacent channels; and (2) prohibit any applicant from obtaining a low power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation" of 47 U.S.C. § 301.

The bill also provides that the FCC "shall modify its rules to eliminate third-adjacent minimum distance separation requirements between -- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations."

See also, FCC's LPFM web site.

10/15. The House Commerce Committee (HCC) approved, without amendment, HR 3633 [LOC | WW], an untitled bill that would allow the funding for the interoperable emergency communications grant program established under the Digital Television Transition and Public Safety Act of 2005 to remain available until expended through fiscal year 2012.

The full Senate approved S 1694 [LOC | WW], the substantially identical companion bill in the Senate, on October 14, 2009.

Rep. Jane Harman (D-CA) introduced HR 3633 on September 23, 2009. The HCC's Subcommittee on Communications, Technology, and the Internet approved this bill as introduced, without amendment, on October 8, 2009. See, story titled "House Communications Subcommittee Approves Bill to Extend Interoperable Emergency Communications Grant Program".

Sen. Jay Rockefeller (D-WV) and Sen. Kay Hutchison (R-TX), the Chairman and ranking Republican of the Senate Commerce Committee (SCC), introduced S 1694 on September 22, 2009. See story titled "Senators Introduce Bill to Extend Interoperable Emergency Communications Grant Program" in TLJ Daily E-Mail Alert No. 1,991, September 28, 2009.

The SCC discharged this bill without amendment by unanimous consent on October 14, 2009. The full Senate passed the bill on without amendment by unanimous consent later on October 14, 2009.

Sen. Hutchison stated in a release that "This legislation will provide an important boost to America’s first responders by allowing them access to needed emergency communications funds ... In an emergency or crisis, it is vital that our public safety personnel be able to communicate with each other. Extending this grant program will give first responders across the country additional time to deploy new interoperable communications systems."

10/15. The House Commerce Committee (HCC) amended and approved HR 2994 [LOC | WW], the "Satellite Home Viewer Reauthorization Act of 2009", or "SHVRA".

Rep. Rick Boucher (D-VA) and Rep. Cliff Stearns (R-FL), the Chairman and ranking Republican on the HCC's Subcommittee on Communications, Technology, and the Internet, introduced this bill on June 23, 2009. This Subcommittee marked up this bill on June 25, 2009.

On October 15, the HCC approved an amendment in the nature of a substitute [23 pages in PDF] offered by Rep. Boucher.

Rep. Bart Stupak (D-MI) offered, but withdrew, an amendment [1 page in PDF] regarding national local to local.

The HCC approved an amendment [3 pages in PDF] offered by Rep. Anna Eshoo (D-CA) regarding nondiscrimination in carriage of high definition digital signals of non-commercial educational television stations.

Rep. Henry Waxman (D-CA), the Chairman of the HCC, wrote in his opening statement [PDF] that "SHVRA grew out of the competing policy goals of promoting competition for pay-television service and protecting our nationwide system of free, local over-the-air broadcast television. I am pleased that H.R. 2994 strikes the proper balance between these competing policy goals. Notably, for the first time ever -- thanks to incentives included in H.R. 2994, and the Judiciary Committee's portion of this bill, we may be able to provide satellite service to all 210 television markets, including highly rural areas."

Rep. John Conyers (D-MI) introduced HR 3570 [LOC | WW], the "Satellite Home Viewer Update and Reauthorization Act of 2009", on September 15, 2009. The House Judiciary Committee (HJC) approved that bill on September 16, 2009. See, story titled "House Judiciary Committee Approves Satellite Home Viewer Update and Reauthorization Act" in TLJ Daily E-Mail Alert No. 1,984, September 16, 2009.

HR 3570 amends 17 U.S.C. § 119 to provide modifications to the statutory license for satellite carriers, amends 17 U.S.C. § 122 to provide modifications to the statutory license for satellite carriers in local markets, amends 17 U.S.C. § 111 to provide modifications to cable system secondary transmission rights, and amends 17 U.S.C. § 119 to provide certain waivers granted to providers of local into local service for all DMAs.

Also, on September 15, 2009, Sen. Patrick Leahy (D-VT) and others introduced S 1670 [LOC | WW], the "Satellite Television Modernization Act", in the Senate. The Senate Judiciary Committee (SJC) amended and approved that bill on September 23, 2009.

10/15. The Senate Judiciary Committee (SJC) approved S 379 [LOC | WW], the "Performance Rights Act".

10/15. The Senate Judiciary Committee (SJC) held an executive business meeting. The agenda again included consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". Both bill were again held over, and are on the agenda for the next meeting, on October 22, 2009.

10/15. The House Commerce Committee (HCC) met to mark up three telecommunications bills on October 15, 2009. However, the agenda did not include either HR 1084 [LOC | WW], the "Commercial Advertisement Loudness Mitigation Act (CALM Act)", or HR 1258 [LOC | WW], the "Truth in Caller ID Act of 2009", both of which were amended and approved by the HCC's Subcommittee on Communications, Technology, and the Internet on October 8, 2009. See, stories titled "House Communications Subcommittee Approves Bill to Limit Loud Ads" and "House Communications Subcommittee Approves Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009.

10/15. The Office of the U.S. Trade Representative (OUSTR) issued a release that states that USTR Ron Kirk met on October 15, 2009, with Australian Minister of Trade Simon Crean to review progress under the U.S. - Australia Free Trade Agreement. This FTA, concluded in 2005, includes sections pertaining to telecommunications [13 pages in PDF], electronic commerce [3 pages in PDF], and intellectual property [29 pages in PDF]. This release states that two discussed, among other topics, intellectual property rights and Doha round negotiations.

10/15. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS), which regulates exports, published a notice in the Federal Register that announces, describes, recites, and sets the effective date (October 15, 2009) for, its changes to its encryption rules. See, Federal Register, October 15, 2009, Vol. 74, No. 198, at Pages 52880-52885.

10/15. The U.S. Department of Commerce announced in a release that the 20th U.S.-China Joint Commission on Commerce and Trade (JCCT) will meet on October 28-29, 2009 in Hangzhou, People's Republic of China (PRC). The participants will include Gary Locke (U.S. Secretary of Commerce) and Ronald Kirk (U.S. Trade Representative), Tom Vilsack (U.S. Secretary of Agriculture), and Wang Qishan (Vice Premier of the PRC).

10/15. The Senate Judiciary Committee (SJC) approved the four U.S. District Court nominees: Jacqueline Nguyen (CDCal), Edward Chen (NDCal), Dolly Gee (CDCal), and Richard Seeborg (NDCal).

10/15. The Federal Trade Commission (FTC) published a notice in the Federal Register that announces members of the FTC's Performance Review Board: Charles Schneider (FTC Executive Director), Willard Tom (FTC General Counsel), and Pauline Ippolito (Deputy Director of the FTC's Bureau of Economics). See, Federal Register, October 15, 2009, Vol. 74, No. 198, at Page 52964.

10/14. The Federal Communications Commission (FCC) released a Public Notice [PDF] that requests comments on a report [232 pages in PDF] issued by Harvard University Law School titled "Next Generation Connectivity: A review of broadband Internet transitions and policy from around the world". The FCC requests comments to assist it in drafting a document titled "National Broadband Plan". This Public Notice is DA 09-2217 in GN Docket Nos. 09-47, 09-51, and 09-137. Comments are due by November 16, 2009.

10/14. The Federal Communications Commission (FCC) issued a release regarding changes to its Electronic Comment Filing System (ECFS). The FCC, which sometimes endeavors to render rulemaking proceedings non-transparent, and evade the requirements of the Administrative Procedure Act (APA), also wrote in this release that its goal is to provide "transparency to the rulemaking process".

10/14. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division released a document titled "Charting the Future Course of International Technical Assistance at the Federal Trade Commission and U.S. Department of Justice: A Report". This follows the FTC/DOJ joint workshop on this topic, held on February 6, 2008. See, FTC web page for this workshop.

10/14. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (October 14, 2009, Vol. 74, No. 197, at Pages 52686-52691) that announces the rescission of rules regarding continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. The USPTO announced, described, and recited these rules in a notice in the Federal Register (August 21, 2007, Vol. 72, No. 161, at Pages 46715-46843). These are the rules challenged in Tafas v. Kappos. The USPTO announced this rescission on October 8, 2009. See, story titled "USPTO Rescinds Rules Challenged in Tafas Case" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009.

10/13. Federal Reserve Board (FRB) Vice Chairman Donald Kohn (at right) gave a speech in St. Louis, Missouri titled "The Economic Outlook". He stated that "real spending on equipment and software appears to be stabilizing" and that "the demand for high-tech equipment also appears to have firmed". He predicted that "the recovery in U.S. economic activity will proceed at a moderate pace in the second half of this year before strengthening some in 2010". He also stated that "The deterioration in the health of the financial system conceivably may have disrupted the credit allocation system enough to seriously impair the efficiency of business operations, and this impaired efficiency could show up at some point in more meager gains in productivity. And, some have argued, as governments seek to build more stable financial and economic systems, they may impede innovation and efficiency."

10/13. The National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register that announces that the Broadband Technology Opportunities Program (BTOP) does not have a significant effect on the human environment and thus, should be categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement under the National Environmental Policy Act (NEPA). See, Federal Register, October 13, 2009, Vol. 74, No. 196, at Pages 52456-52459.

The House will meet at 11:00 AM. There will be no votes.

The Senate will not meet.

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, September 11, 2009, Vol. 74, No. 175, at Page 46797. Location: Room 1235, NSF, 4201 Wilson Blvd., Arlington, VA.

8:30 AM - 5:30 PM. The American Bar Association's (ABA) Section of Antitrust will host a conference titled "Antitrust Litigation Course: Preparing and Trying an Antitrust Case". The speakers will include Molly Boast (Deputy Assistant Attorney General for Civil Matters, DOJ's Antitrust Division) and Robert Robertson (Chief Trial Counsel, Federal Trade Commission). Prices vary. See, conference web site. Location: Hogan & Hartson, 555 13th St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hold oral argument in Core Communications v. FCC, App. Ct. No. 08-1365. This case pertains to intercarrier compensation for ISP bound traffic. See, FCC's brief [108 pages in PDF]. Judges Sentelle, Williams and Randolph will preside. Location: 333 Constitution Ave., NW.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Antitrust and the Dynamics of Competition in High-Tech Industries". The speakers will be David Evans (University of Chicago), Douglas Melamed (Wilmer Hale), Philip Weiser (DOJ Antitrust Division), Joshua Wright (George Mason University law school), Jonathan Zuck (Association for Competitive Technology), and Thomas Lenard (TPI). See, registration page. Or register by contacting Ashley Creel at 202-828-4405 or events at techpolicyinstitute dot org. Lunch will be served. Location: Room B-369, Rayburn Building, Capitol Hill.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a brown bag lunch titled "The Cablevision DVR Case: What Was Decided, What's Next for VOD and Online". The speakers will include Robert Garrett (Arnold & Porter), Jim Burger (Dow Lohnes), and Dan Brenner (Hogan & Hartson). The FCBA often excludes people from its meetings. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "The Role of Satellite in the National Broadband Plan". The FCBA adds that this event will address the following topics: "How does satellite broadband work? Is it a cost-effective way to cover geographic areas unserved by terrestrial broadband providers? Are there technical barriers that diminish the on-line experience? What is the timing for, and what are the capabilities of, next generation broadband satellites?" The speakers may include John Giusti (Chief of Staff to FCC Commissioner Michael Copps), Erwin Hudson (CTO of WildBlue Communications), Dean Manson (SVP/GC of Hughes Network Systems), Leo Mondale (Inmarsat), and Bob Koppel (WildBlue Communications). RSVP by October 13 to Jennifer Ullman at Jennifer dot ullman at verizon dot com. The FCBA often excludes people from its meetings. Location: Verizon, Suite 400 West, 5th Floor, 1300 I St., NW.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Wired for Innovation". The speakers will be Rob Atkinson (ITIF) and Erik Brynjolfsson (MIT), author of the book [Amazon] titled "Wired for Innovation: How Information Technology is Reshaping the Economy". See, notice. Location: ITIF, 1101 K St., NW.

Day two of a three day convention hosted by the American Intellectual Property Law Association (AIPLA) titled "2009 Annual Meeting". Location: Marriott Wardman Park.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Proposed Rulemaking (NPRM) regarding mandatory deposit of electronic works published in the U.S. and available only online. See, notice in the Federal Register, September 22, 2009, Vol. 74, No. 182, at Page 48191.

Day three of a three day convention hosted by the American Intellectual Property Law Association (AIPLA) titled "2009 Annual Meeting". The agenda for Saturday includes a series of presentations, from 8:00 AM until 12:00 NOON titled "Annual Review & the National Model Patent Jury Instructions". Location: Marriott Wardman Park.

There will be no votes in the House.

The Senate will meet at 2:00 PM. It will resume consideration of the motion to proceed to S 1776 [LOC | WW], a bill to amend Title XVIII of the Social Security Act to change the Medicare physician fee schedule for years beginning with 2010 and to sunset the application of the sustainable growth rate formula.

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.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Wireless Investment, Innovation & Competition: Advance or Retreat?". The speakers will be Brett Glass (Lariat Networks), Kathleen Ham (T-Mobile USA), Thomas Hazlett (George Mason University), Ruth Milkman (Chief of the FCC's Wireless Telecommunications Bureau), Craig Moffett (Bernstein Research), Gregory Rosston (Stanford University), Wayne Leighton (Empiris LLC) and Barbara Esbin (PFF). Lunch will be served. See, notice and registration page. Location: Room 902, Hart Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Work/Life Balance for the Working Parent". The speakers may include be Lisa Cordell (Womble Carlyle), Paige Fronabarger (Wilkinson Barker Knauer), Angela Giancarlo (Office of FCC Commissioner Robert McDowell), Tarah Grant (Hogan & Hartson), and Matt Wood (Media Access Project). For more information contact Tarah Grant at tsgrant at hhlaw dot com or Micah Caldwell at mcaldwell at fh-law dot com. Location: Hogan & Hartson, Room 13W-101, 555 13th St., NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] "Superfusion: How China and America Became One Economy and Why the World's Prosperity Depends on It". The speakers will be Zachary Karabell (author) and Steve Clemons (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

2:00 - 6:00 PM. Day one of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee. See, notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52250-52251. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

8:30 AM - 6:00 PM. Day two of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee. See, notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52250-52251. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Explaining International Mobile Commerce Leadership". The speakers will be Rob Atkinson (ITIF), Stephen Ezell (ITIF), and Pragnesh Shah (Network Solutions). See, notice. Location: ITIF, 1101 K St., NW.

9:15 AM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Broadband Accessibility for People with Disabilities II: Barriers, Opportunities and Policy Recommendations". See, FCC web page related to the drafting of a document titled "National Broadband Plan", and web page for this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing on S 1631 [LOC | WW], the "Customs Facilitation and Trade Enforcement Reauthorization Act of 2009". See, SFC notice and story titled "Senate Finance Committee to Hold Hearing on IPR Bill" in TLJ Daily E-Mail Alert No. 2,003, October 15, 2009. Location: Room 215, 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.

12:00 NOON - 2:00 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will host a panel discussion by audio webcast and teleconference titled "Ethics and Conflicts at the U.S. Antitrust Agencies". The speakers will be Dave Shonka (FTC Principal Deputy General Counsel), Josh Soven (Chief, Litigation I, Antitrust Division), Jan McDavid (Hogan & Hartson), and Peggy Ward (Jones Day). The price to participate ranges from $60 to $190. This event qualifies for continuing legal education (CLE) credits. See, notice. The ABA asserts that this is an ABA event.

6:00 - 10:00 PM. The National Economists Club (NEC) will host a dinner. Christina Romer (Chairman of the President's Council of Economic Advisors) will give a speech titled "The State of the U.S. Economy". Location: City Club of Washington, 555 13th St., NW.

9:00 AM - 12:00 NOON. Day three of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee. See, notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52250-52251. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

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.

10:30 AM. Rep. Rick Boucher (D-VA) and others will hold a news conference regarding a white spaces broadband network. Location: Room __, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Jane Stranch to be a Judge of the U.S. Court of Appeals for the 6th Circuit. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Space and Science will hold a hearing titled "The Case for Space: Examining the Value". See, notice. Location: Room 253, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009".The SJC rarely follows is published agendas. See, notice. The SJC will webcast this meeting. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Engineering in K-12 Education". The HSC will webcast this event. Location: Room 2325, Rayburn Building.

10:00 AM. The Federal Communications Commission (FCC) may host an event titled "open meeting". The only item on the agenda [PDF] is adoption of Notice of Proposed Rulemaking (NPRM) regarding "policies to preserve the open Internet", in WC Docket No. 07-52. This is the FCC's net neutrality NPRM announced by FCC Chairman Julius Genachowski by speech [8 pages in PDF] on September 21, 2009. See, story titled "Genachowski, Copps and Clyburn Back Net Neutrality Rules", and related stories, in TLJ Daily E-Mail Alert No. 1,986, September 22, 2009. 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.

10:00 AM - 12:00 NOON and 2:00 - 6:00 PM. Day one of a two day meeting of the President's Council of Advisors on Science and Technology (PCAST). The agenda for October 22 includes "Role of Science and Technology in Foreign Policy and Development Assistance" and "Science, Technology, Engineering, and Mathematics (STEM) Education". The meeting is open to the public, except for an additional session with the President. See, agenda [PDF] and notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Pages 49047-49048. Location: National Academy of Sciences, 2100 C St., NW.

11:00 AM. The Heritage Foundation will host a discussion of the book [Amazon] titled "Three Felonies a Day: How the Feds Target the Innocent". This book addresses, among other things, abusive prosecutions of journalists, exporters, politicians, and lawyers. The speakers will be Harvey Silverglate (author) and Brian Walsh (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a panel discussion by audio webcast and teleconference titled "The Right of Publicity: From Pop Stars to Politicians". The speakers will be __. The price to participate ranges from $60 to $150. See, notice.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovationi will hold a hearing titled "Cybersecurity Activities at NIST’s Information Technology Laboratory". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Media Bureau (MB) regarding Cablevision Systems Corporation's request for a waiver of FCC's rules that prohibit a cable operator from encrypting a basic service tier. See, FCC's Public Notice [3 pages in PDF]. It is DA 09-2094 in MB Docket No. 09-168.

EXTENDED FROM OCTOBER 15. Further extended deadline to submit reply 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). See also, further notice of extension (DA 09-2207).

10:00 AM - 12:00 NOON and 2:00 - 5:00 PM. Day two of a two day meeting of the President's Council of Advisors on Science and Technology (PCAST). The agenda for the morning of October 23 includes "Role of Science and Technology in Foreign Policy and Development Assistance" and "Science, Technology, Engineering, and Mathematics (STEM) Education". The agenda for the afternoon session includes reports for committes and working groups. The meeting is open to the public, except for an additional session with the President. See, agenda [PDF] and notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Pages 49047-49048. Location: National Academy of Sciences, 2100 C St., NW.

10:00 AM - 4:15 PM. Federal Communications Commission (FCC) Wireless Telecommunications Bureau (WTB) will conduct a mock auction for Auction 86.

12:00 NOON - 1:30 PM. The DC Bar Association will host an event titled "50 Hot Technology Tips, Tricks & Web Sites". The speakers will be Reid Trautz and Daniel Mills. The price to attend ranges from $15 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 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host a brown bag lunch titled "Meet and Greet the FCC’s new Public Safety and Homeland Security Bureau Chief Rear Admiral (ret.) James Arden Barnett and staff". For more information contact Nneka Ezenwa at 202-515-2466 or nneka dot n dot ezenwa at verizon dot com. The Federal Communications Bar Association (FCBA) states that this is an FCBA event. The FCBA excludes people from its events. Location: Verizon, Suite 400, 1300 I St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] that requests comments regarding "the sufficiency of current spectrum allocations in spectrum bands, including but not limited to the prime spectrum bands below 3.7 GHz". This is to aid the FCC in drafting its "National Broadband Plan". This item is DA 09-2100 in GN Docket Nos. 09-47, 09-51, and 09-137.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the FCC's Notice of Proposed Rulemaking (NPRM) regarding requiring applicants that win broadband radio service (BRS) licenses in Auction 86, and any subsequent auction, to demonstrate substantial service on or before four years from the date of license grant. The FCC adopted this NPRM on September 8, 2009, and released the text on September 11, 2009. It is FCC 09-70 in WT Docket No. 03-66 and RM-10586. Auction 86 is scheduled to begin on October 27, 2009. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49356-49359.

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