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Monday, October 19, 2009, Alert No. 2,005.
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Senators Criticize Genachowski's Internet Regulation Proposal

10/13. Eighteen mostly Republican Senators sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski criticizing the substance and procedure of his forthcoming internet regulation rulemaking.

Genachowski announced his plans in a speech on September 21, 2009. The FCC is scheduled to adopt a notice of proposed rulemaking (NPRM) on October 22, 2009.

Sen. Sam BrownbackThe first signature on the letter is that of Sen. Sam Brownback (R-KS) (at right).

The letter states that "Despite the economic hardships currently facing many industries, broadband continues to grow. Internet service providers continue to heavily invest private capital in research and improved broadband service. Private sector investment in broadband, which exceeds annual federal investment in transportation infrastructure, is directly responsible for creating millions of jobs. When the government picks winner and losers in the marketplace, the incentive to invest disappears."

The letters continues that "We fear that the proposals you announced during your September 21, 2009 speech will be counterproductive and risk harming the great advancements in broadband speed and deployment that we have witnessed in recent years and will limit the freedom of the Internet."

It also addresses the lack of actual threats. "It appears that your decision to create new Commission rules is outcome-driven. Your promulgating network neutrality rules seems to emanate from a fear that there may be some problems related to openness in ``the future.创 Of the only two Internet-related disputes to date cited in your speech, one occurred five years ago. Our view is that it is harmful for the Commission to impose industry-wide rules based upon speculation about what may occur in the future."

The five year old incident involved a small company named Madison River Communications. The FCC's Enforcement Bureau stopped its VOIP blocking by consent decree [PDF] without resort to any network neutrality rules. 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.

In the other internet matter referenced by Genachowski, the FCC issued an order [67 pages in PDF] in August 2008 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.

The Senators' letter continues that "You recognize that significant progress with respect to broadband deployment has been made ``thanks to substantial investment and technological ingenuity.创 Broadband service providers have invested billions of dollars in building and upgrading their networks to better serve their customers. However, burdensome regulations will have a chilling effect on further private sector investment, at a time when the U.S. economy can least afford such an impact."

It adds that "It is because of significant competition among broadband service providers that consumer have more choices and are enjoying the best online experience that has ever been available. As you said, ``new mobile and satellite broadband networks are getting faster every day, and extraordinary devices like smartphones and wireless data cards are making it easier to stay connected while on the go.创 Mobile networks are getting faster, making such networks even stronger competitors to wireline networks. Market-based solutions and competition is working."

The letter concludes that "Such a major policy shift should be contemplated only with all of the FCC Commissioners involved. To do it with just one party reduces the confidence the public and the Congress has in the proposal."

This signers of the letter are Sen. John Barrasso (R-WY), Sen. Bob Bennett (R-UT), Sen. Sam Brownback (R-KS), Sen. Saxby Chambliss (R-GA), Sen. Thad Cochran (R-MS), Sen. Tom Coburn (R-OK), Sen. Charles Grassley (R-IA), Sen. Mike Johanns (R-NE), Sen. John McCain (R-AZ), Sen. Pat Roberts (R-KS), Sen. David Vitter (R-VA), Sen. James Webb (D-VA), Sen. Roger Wicker (R-MS), and two others.

72 House Democrats Caution Genachowski on Internet Regulation NPRM

10/15. Seventy-two House Democrats sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski regarding his forthcoming internet regulation rulemaking. They urged him "to avoid tentative conclusions which favor government regulation", and to consider the impact of regulation on network investment.

They wrote that "As the FCC embarks on its much anticipated rulemaking addressing the subject of ``net neutrality,创 we therefore urge the Commission to carefully consider the full range of potential consequences that government action may have on network investment. We are confident that an objective review of the facts will reveal the critical role that competition and private investment have played -- and of necessity will continue to play -- in building robust broadband networks that are safe, secure and open. In light of the growth and innovation in new applications that the current regime has enabled, as compared to the limited evidence demonstrating any tangible harm, we would urge you to avoid tentative conclusions which favor government regulation."

They also wrote that "Like you, we believe in a transparent, data-driven process and stand ready to work with you on measures that will spur adoption and expand the use of broadband networks. But we remain suspicious of conclusions based on slogans rather than substance and of policies that restrict and inhibit the very innovation and growth that we all seek to achieve."

Rep. Greg MeeksThe first signature on the letter is that of Rep. Greg Meeks (D-NY) (at right).

This letter also demonstrates the lack of majority support for internet regulation on the House Commerce Committee (HCC), and its Subcommittee on Communications, Technology and the Internet (SCTI), which have jurisdiction over communications law, and oversight authority with respect to the FCC.

Republicans overwhelmingly oppose such regulation.

Ten Democrats on the HCC (six of whom are also members of the SCTI) signed the letter: Rep. John Barrow (D-GA), Rep. G.K. Butterfield (D-NC), Rep. Gene Green (D-TX), Rep. Charlie Gonzalez (D-TX), Rep. Baron Hill (D-IN), Rep. Charlie Melachon (D-LA), Rep. Mike Ross (D-AR), Rep. Zach Space (D-OH), Rep. Peter Welch (D-VT), and Delegate Donna Christensen (D-VI). The six SCTI members are Butterfield, Hill, Melancon, Space, Welch, and Christensen.

This also reveals why the likely mechanism for imposing rules on internet access providers will be a FCC rulemaking proceeding. There is support in the Obama administration, and from some in Congress, such as Rep. Nancy Pelosi (D-CA), the Speaker of the House. However, there is not enough support to move a bill through the HCC, let alone the full House.

The FCC is performing one of its primary functions -- enacting legislation when there is insufficient support in the Congress to enact legislation pursuant to Constitutional processes.

For an analysis of Congressional support for internet regulation in the 110th Congress, see story titled "Analysis of Support for a Network Neutrality Mandate in the House and Senate" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007.

AT&T Writes FCC Regarding Call, Content and Application Blocking by Google

10/14. AT&T sent a letter to Sharon Gillett, Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) regarding Google.

AT&T argues that Google Voice is a telecommunications service, and that it is blocking calls in violation of the FCC's rules governing telecommunications services. AT&T argues in the alternative that Google is providing an information service that provides information processing capabilities via telecommunications, and therefore subject to FCC jurisdiction. AT&T also argues that Google Voice violates the network neutrality principles that Google seeks to have enforced against others by FCC rules. AT&T provides numerous other example of Google's blocking activities.

Google has argued for "network neutrality" rules governing the operations of broadband internet access providers. AT&T has sought to preclude the enactment of such legislation, or promulgation of such rules. Now that Google and others have successfully utilized political processes to cause the FCC to initiate, later this week, a rule making proceeding, AT&T seeks to open the FCC's process to also encompass the call, application and content blocking activities of Google.

AT&T's eight page letter, and five page attachment, provide a brief overview of some of AT&T's arguments and factual allegations. Once the FCC initiates its rulemaking proceeding, AT&T may fully develop the factual record in support of including companies like Google within the FCC's new regulatory regime. And, if the FCC declines to do so, AT&T will have established grounds for seeking judicial review of the FCC's final rules.

The letter begins with the statement that "As the debate regarding ``net neutrality创 has evolved, it appeared on the surface that all parties shared the same desire to preserve the ``free and open创 nature of the Internet, a goal enunciated by Chairman Genachowski with which we heartily agree."

"The controversy over Google Voice demonstrates, however, that at least one party believes otherwise when it comes to its own services. As communications services increasingly migrate to broadband Internet-based platforms, we can now see the power of Internet-based applications providers to act as gatekeepers who can threaten the ``free and open创 Internet. Google's double-standard for ``openness创 -- where Google does what it wants while other providers are subject to Commission regulations -- is plainly inconsistent with the goal of preserving a ``free and open创 Internet ecosystem."

Google published a statement in its web site on October 9, 2009, titled "Sex, conference calls and outdated FCC rules". Google wrote that "The reason we restrict calls to certain local phone carriers' numbers is simple. Not only do they charge exorbitant termination rates for calls, but they also partner with adult sex chat lines and ``free创 conference calling centers to drive high volumes of traffic."

AT&T responds that "Google has been less than candid about the types of calls it is blocking. In fact, Google is blocking calls to, among others, an ambulance service, church, bank, law firm, automobile dealer, day spa, orchard, health clinic, tax preparation service, community center, eye doctor, tribal community college, school, residential consumers, a convent of Benedictine nuns, and the campaign office of a Member of the U.S. House of Representatives."

AT&T adds that "these are PSTN-to-PSTN calls, so regardless of how Google Voice is ultimately classified, the Commission has ample jurisdiction to order Google to stop blocking".

Furthermore, "Google Voice uses telecommunications (supplied by its wholesale partner Bandwidth.com) to transmit voice calls between end users and it thus unquestionably constitutes ``interstate and foreign communications by wire or radio创 under the Communications Act, placing it squarely within the Commission抯 jurisdiction". (Parentheses in original.)

47 U.S.C. 152 provides in part that the Communications Act's regulation of wire and radio communications "shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided; ...The provisions of this chapter shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service ..."

AT&T also asserts that "Google Voice appears to be a telecommunications service insofar as it transmits ordinary telephone calls between customers using the public switched telephone network."

AT&T cites as authority for this proposition the FCC's 2004 internet in the middle order. That Order [27 pages in PDF] is FCC 04-97 in WC Docket No. 02-361. See, story titled "FCC Rules on AT&T's VOIP Petition" in TLJ Daily E-Mail Alert No. 882, April 22, 2004.

AT&T then argues in the alternative that if Google is not providing a telecommunications service, it is providing an "information service" that provides information processing capabilities via telecommunications, and therefore is subject to FCC jurisdiction.

AT&T cites the Jeff Pulver declaratory ruling (DR) as authority for this proposition. It is FCC 04-27 in WC Docket No. 03-45. See, story titled "FCC Rules on Pulver's Free World Dialup VOIP Service" in TLJ Daily E-Mail Alert No. 836, February 13, 2004. AT&T also cites the FCC's 2005 policy statement.

AT&T then argues that this Google Voice issue illustrates the need for the FCC's forthcoming rulemaking proceeding to encompass internet companies such as Google. AT&T wrote that "Google's call blocking begs an even more important question that the Commission must consider as it evaluates whether to adopt rules regarding Internet openness."

AT&T argues that the FCC's "beat" should "necessarily cover the entire Internet neighborhood, including Google".

"Indeed, if the Commission cannot stop Google from blocking disfavored telephone calls as Google contends, then how could the Commission ever stop Google from also blocking disfavored websites from appearing in the results of its search engine; or prohibit Google from blocking access to applications that compete with its own email, text messaging, cloud computing and other services; or otherwise prevent Google from abusing the gatekeeper control it wields over the Internet? For that matter, how could the Commission stop any other Internet-based information service provider from engaging in similar behavior that compromises the openness of the Internet ecosystem?"

AT&T argues too that the FCC's rules regarding protecting consumers' call records and confidential information should be applied to Google.

AT&T also argues that Google's market share and market power, and potential to abuse that power, should be of concern to the FCC.

AT&T then cites examples of Google's other blocking activities.

First, "In late 2007 ... Google ignited controversy when, invoking obscure trademark concerns, it blocked political advertisements by Senator Susan Collins that criticized the political advocacy group MoveOn.org, which has joined Google in supporting an aggressive net neutrality agenda." (Footnote omitted.)

Second, "in 2006, questions were raised about the unusually prominent placement in Google抯 search results of websites with pro-Google views on net neutrality regulation."  Google, wrote AT&T, "unilaterally moved its favored political messages to the head of the queue".

Third, "In 2008, Google blocked Inner City Press, which has been a vocal critic of the United Nations Development Programme (UNDP), from appearing in the Google News", even though it had been "accredited by the U.N. and its editor-in-chief had been elected first vice president of the U.N. Correspondents Association".

Fourth, Google blocked "a free text messaging application" that harnessed Google Talk to provide free text messaging. AT&T added that "Google acted in its economic self-interest to block what it considered to be a free-riding competitor."

AT&T cites in this letter more examples of blocking activity by Google than FCC Chairman Genachowski cited regarding carriers and broadband providers in his September 21, 2009, speech.

AT&T concludes by criticizing Google for the "hypocrisy of its net neutrality advocacy".

"On the one hand, Google repeatedly professes concern that net neutrality regulation is necessary to prevent broadband Internet access providers from misusing their position in a platform market to disadvantage unaffiliated providers of Internet applications or content. Yet at the same time, Google exploits the dominance of its search engine and its gatekeeping power over other applications to give its preferred content greater visibility than its political opponents content or to simply block its competitors' applications altogether."

See also, September 25, 2009, letter [PDF] from AT&T to the FCC regarding Google Voice, call blocking, and the 2005 Policy Statement. See also, story titled "AT&T Accuses Google of Call Blocking and/or Violation of Network Neutrality Principles" in TLJ Daily E-Mail Alert No. 1,990, September 27, 2009, and story titled "More Reaction to AT&T Letter to FCC Re Google Voice" in TLJ Daily E-Mail Alert No. 1,993, September 30, 2009.

And see, stories titled "FCC Asks Google for Information About Google Voice" and "Commentary: Interconnection and Compensation Regimes on the Internet and in Telecommunications" in TLJ Daily E-Mail Alert No. 2,001, October 12, 2009.

More News

10/16. The Federal Communications Commission (FCC) released a document [24 pages in PDF] titled "Memorandum Opinion and Order and Fifth Further Notice of Proposed Rulemaking". It pertains to the FCC's commercial broadcast ownership reporting requirements and FCC Form No. 323. This item is FCC 09-92 in MB Docket Nos. 07-294, 06-121, 02-277, and 04-228, and MM Docket Nos. 01-235, 01-317, and 00-244. Initial comments will be due within 30 days of publication of a notice in the Federal Register. Reply comments will be due within 45 days. As of the October 16, 2009 issue of the Federal Register, this notice had not yet been published.

10/16. The Government Accountability Office (GAO) released a report [39 pages in PDF] titled "Information Technology: Social Security Administration's Data Exchanges Support Current Programs, but Better Planning Is Needed to Meet Future Demands". This report states that "Through more than 3,000 agreements with federal and state agencies, the Social Security Administration (SSA) both receives incoming data to support its own programs and provides outgoing data to support state and other federal agencies' programs". This report assesses the "effectiveness of the agency's IT infrastructure in supporting data exchanges". It does not address vulnerabilities that could lead to unauthorized access to, theft of, or deletion or alteration of information in these databases.

10/16. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) released a report [202 pages in PDF] titled "DTV Converter Box Test Program -- Results and Lessons Learned". See also, FCC release [2 pages in PDF] summarizing this report.

10/14. Federal Communications Commission (FCC) released a document [24 pages in PDF] titled "Memorandum Opinion and Order and Order on Review". It pertains to the reassignment of toll free numbers to a component of the Department of Health and Human Services (DHHS) in deviation from its first come first served rule. This item is FCC 09-91 in WC Docket No. 07-271 and CC Docket No. 95-155.

10/14. The U.S. Court of Appeals (9thCir) issued its opinion [20 pages in PDF] in Sprint v. Palos Verdes Estates, a tower siting case. The City of Palos Verdes Estates denied Sprint permission to build two wireless facilities. Sprint filed a complaint in the U.S. District Court (CDCal) alleging violation of 47 U.S.C. 332(c)(7)(B)(iii). The District Court granted summary judgment to Sprint. The Court of Appeals reversed and remanded. This case is Sprint PCS Assets L.L.C. v. City Palos Verdes Estates, et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-56106, an appeal from the U.S. District Court for the Central District of California, D.C. No. CV-03-00825-AHS, Judge Alicemarie Stotler presiding. Judge Kim Wardlaw wrote the opinion of the Court of Appeals, in which Judges Jay Bybee and Jay Silverman joined.

Calendar of Events Outside of Washington DC

Monday, October 19.

Day two of a four day event hosted by the Consumer Electronics Association (CEA) titled "2009 Technology and Standards Fall Forum". Location: Phoenix, Arizona.

Day one of a four day event hosted by the Consumer Electronics Association (CEA) titled "Digital Hollywood, Fall". Location: Los Angeles, California.

Tuesday, October 20.

Day three of a four day event hosted by the Consumer Electronics Association (CEA) titled "2009 Technology and Standards Fall Forum". Location: Phoenix, Arizona.

Day one of a three day event hosted by RSA, the Security Division of EMC, titled "RSA Conference Europe 2009". See, conference web site. Location: London, United Kingdom.

Day two of a four day event hosted by the Consumer Electronics Association (CEA) titled "Digital Hollywood, Fall". Location: Los Angeles, California.

Day one of a three day closed meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49391-49392. Location: Naval Postgraduate School, 1 University Circle, Monterey, California.

Day one of a three day event titled "Web 2.0 Summit". See, conference web site. Location: San Francisco, California.

Wednesday, October 21.

Day four of a four day event hosted by the Consumer Electronics Association (CEA) titled "2009 Technology and Standards Fall Forum". Location: Phoenix, Arizona.

Day two of a three day event hosted by RSA, the Security Division of EMC, titled "RSA Conference Europe 2009". See, conference web site. Location: London, United Kingdom.

Day three of a four day event hosted by the Consumer Electronics Association (CEA) titled "Digital Hollywood, Fall". Location: Los Angeles, California.

Day two of a three day closed meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49391-49392. Location: Naval Postgraduate School, 1 University Circle, Monterey, California.

Day one of a three day convention and exhibition titled "Supercomm". See, event web site. Location: McCormick Place, Chicago, Illinois.

Day two of a three day event titled "Web 2.0 Summit". See, conference web site. Location: San Francisco, California.

Thursday, October 22.

Day three of a three day event hosted by RSA, the Security Division of EMC, titled "RSA Conference Europe 2009". See, conference web site. Location: London, United Kingdom.

Day four of a four day event hosted by the Consumer Electronics Association (CEA) titled "Digital Hollywood, Fall". Location: Los Angeles, California.

Day three of a three day closed meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49391-49392. Location: Naval Postgraduate School, 1 University Circle, Monterey, California.

Day two of a three day convention and exhibition titled "Supercomm". See, event web site. Location: McCormick Place, Chicago, Illinois.

Day three of a three day event titled "Web 2.0 Summit". See, conference web site. Location: San Francisco, California.

Friday, October 23.

Day three of a three day convention and exhibition titled "Supercomm". See, event web site. Location: McCormick Place, Chicago, Illinois.

12:00 NOON. Peter Fonash (DHS NPPD National Cybersecurity Division) will give a speech on cyber security awareness at an event titled "Chesterfield County Virginia Cyber Security Fair". Location: Chesterfield County Government Center, Eanes-Pittman Public Safety Building, 6610 Public Safety Way, Chesterfield, VA.

Highlights of
Web 2.0 Summit
October 20-22
San Francisco
Tuesday, October 20
2:45 PM. Brian Roberts (Ch/CEO Comcast) will speak.
3:55 PM. Carl Shapiro (Deputy Assistant Attorney General in the Department of Justice's Antitrust Division) will give a speech titled "The Case for Antitrust".
Wednesday, October 21
11:00 AM. Carol Bartz (Yahoo CEO) will speak.
11:30 AM. Qi Lu (Microsoft Online Services Division President) will speak.
12:00 NOON. Aneesh Chopra (Executive Office of the President CTO) will speak.
5:50 PM. Mark Cuban (HDNet) will speak.
Thursday, October 22
8:30 AM. Paul Otellini (P/CEO Intel) will speak.
2:00 PM. Austan Goolsby (EOP Council of Economic Advisors) will speak.
4:30 PM. Tim Berners-Lee (MIT) will speak.
In This Issue
This issue contains the following items:
  Senators Criticize Genachowski's Internet Regulation Proposal
  72 House Democrats Caution Genachowski on Internet Regulation NPRM
  AT&T Writes FCC Regarding Call, Content and Application Blocking by Google
  More News
Washington Tech Calendar
New items are highlighted in red.
Monday, October 19

The House will not meet. See, Rep. Hoyer's schedule for the week of October 19.

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.

Tuesday, October 20

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider several items under suspension of the rules, including HR 3819 [LOC | WW], a short untitled bill to extend the commercial space transportation liability regime through the end of 2012. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for the week of October 19.

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.

12:00 NOON. There will be a lunch titled "The Emerging Role of Technology in Government". For more information, contact Shahed Ahmed at 703-390-1515 or ahmed at merrittgrp dot com. Location: National Press Club, 13th Floor, 529 14th St. NW

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.

Wednesday, October 21

The House will meet at 10:00 AM for legislative business. The House may consider under suspension of the rules HR 3632 [LOC | WW], the "Federal Judiciary Administrative Improvements Act of 2009". See, Rep. Hoyer's schedule for the week of October 19.

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. The R&D Credit Coaltion will hold a news briefing. Location: TechAmerica, Suite 600, 601 Pennsylvania Ave.,  NW.

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 2103, Rayburn Building.

2:00 - 4:00 PM. The House Intelligence Committee HIC) will hold a closed hearing on extending expiring provisions of the 2001 surveillance act. See, notice. Location: Room HVC 304, Capitol 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.

Thursday, October 22

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of October 19.

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. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "Video Competition in the Digital Age". See, notice. Location: Room 2123, Rayburn 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 - 11:40 AM. The House Intelligence Committee's HIC) Subcommittee on Intelligence Community Management will hold an open hearing titled "Statutory Requirements for Congressional Notifications of Intelligence Activities". See, notice. Location: undisclosed.

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 House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Too Big To Fail -- The Role for Bankruptcy and Antitrust Law in Financial Regulation Reform". See, notice. The HJC will webcast this hearing. Location: Room 2141, Rayburn Building.

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.

RESCHEDULED FOR DECEMBER 3. 2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing on HR ___, the "Calling Card Consumer Protection Act". Location: Room 2322, Rayburn Building.

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抯 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).

Friday, October 23

Rep. Hoyer's schedule for the week of October 19 states that "no votes are expected in the House".

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抯 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.

Monday, October 26

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical and Wireless Committees will host a brown bag lunch titled "Everything You Wanted to Know About Cell Phone Jamming In Case Your Phone Goes Dead". The speakers will be Michael Marcus (South Carolina Department of Corrections), Charles Jamison (CTIA), and others. See also, S 251 [LOC | WW] and HR 560 [LOC | WW], the "Safe Prisons Communications Act of 2009". Register with Tami Smith at 202-736-8257 or tesmith at sidley dot com. Location: Sidley Austin, 1501 K St., NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host a brown bag lunch titled "Meet the FCC Media Bureau Chief, William Lake". The Federal Communications Bar Association (FCBA) states that this is an FCBA event. The FCBA excludes people from its events. Location: Wiley Rein, 1776 K St., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Copyright Law and Litigation". The speaker will be Kenneth Kaufman (Manatt Phelps & Phillips). 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.

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