Tech Law Journal Daily E-Mail Alert
Thursday, October 22, 2009, Alert No. 2,007.
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FCC to Adopt Internet Regulation NPRM

10/21. The Federal Communications Commission (FCC) is scheduled to meet at 10:00 AM on Thursday, October 22, to adopt a Notice of Proposed Rulemaking (NPRM) regarding "policies to preserve the open Internet". See, FCC notice.

This is the FCC's internet regulation proceeding 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. This is WC Docket No. 07-52.

Interested and affected parties continue to advance arguments regarding how the FCC should or should not proceed on this subject.

On October 20, Rep. John Conyers (D-MI), the Chairman of the House Judiciary Committee (HJC), stated in a release that the forthcoming "initiation of a formal rule-making process for network neutrality marks a welcome step in our shared goal of preserving and promoting a fair, lawful, and open Internet. I will be watching closely to ensure that the process yields common sense standards guaranteeing that the Internet remains an engine for economic growth that promotes the public interest and protects the ability of our citizens to engage in lawful online activities."

On October 21, Eric Schmidt, Ch/CEO of Google, and Lowell McAdam, P/CEO of Verizon Wireless, released a joint statement. They write that they disagree as to "whether mobile networks should even be part of the discussion", they agree on other issues.

On October 15, Vint Cerf , a Google lobbyist, and others sent a letter [PDF] to the FCC stating that "We are very pleased by your recent proposal to initiate a proceeding". They added that "we believe that your network neutrality proposal's key principles of ``nondiscrimination´´ and ``transparency´´ are necessary components of a pro-innovation public policy agenda for this nation".

See also, related stories in this issue: "ITIF Paper Suggests Approach to Analyzing Need for Internet Regulation Rules", "Free Press Argues that FCC Internet Regulation Won't Deter Investment", and "Proregulatory Groups Write FCC".

See also, stories titled "Senators Criticize Genachowski's Internet Regulation Proposal" and "72 House Democrats Caution Genachowski on Internet Regulation NPRM" in TLJ Daily E-Mail Alert No. 2,005, October 19, 2008.

ITIF Paper Suggests Approach to Analyzing Need for Internet Regulation Rules

10/19. The Information Technology and Innovation Foundation (ITIF) released a paper titled "Are We Ready to Act on Net Neutrality?: 10 Key Questions That Need Answers". It suggests an approach to be followed by the Federal Communications Commission (FCC) in considering what rules to adopt.

For example, this ITIF paper states, "Does any favoring of some packets over others by ISPs without individual consumer choice represent a per se violation, or is there some discrimination (blocking, degrading, charging for usage and network management) that is pro-competitive and pro-consumer. If it is all a per se violation, then the case for strict rules and/or legislation is quite strong. If, however, some kinds of discrimination benefit the lion’s share of consumers and/or competitors then strict per se rules, while limiting potential harmful actions by ISP’s, would also limit beneficial actions." (Parentheses in original.)

The ITIF also states that the FCC should ask, "What is the record of ISPs with regard to engaging in anti-consumer and/or anti-competitive discrimination in the past? ... What is the likelihood that ISPs will engage in anti-consumer and/or anti-competitive discrimination in the future? ... What is the risk to innovation and consumer welfare if ISPs engage in anti-consumer and/or anti-competitive discrimination in the future? ... How easy is it for the user community (including non-ISP business competitors) and government to accurately detect anti-consumer or anti-competitive actions ...? ... How easy is it for the players involved (advocacy groups, researchers, government, competitors, and ISPs) to distinguish between pro-consumer and/or pro-competitive blocking, degrading and network management and anti-consumer and/or anti-competitive blocking, degrading and network management? ... Does quick discovery of potential ISP transgressions lead to correction in the marketplace ...?" (Parentheses in original.)

Finally, the ITIF paper asks the FCC to consider, "Does the FCC have the legal authority" and the "skill and inclination"?

The author of the paper is Robert Atkinson, head of the ITIF.

Free Press Argues that FCC Internet Regulation Won't Deter Investment

10/21. The Free Press released a paper [10 pages in PDF] titled "Finding the Bottom Line: The Truth About Network Neutrality & Investment". The author is the Free Press's Derek Turner.

This paper asserts that "regulation plays only a minor role" in telecom investment decisions, and that "network neutrality rules do not deter ISP investment".

Congressional criticism of the forthcoming internet regulation rules has focused on their likely impact on investment. See, stories titled "Senators Criticize Genachowski's Internet Regulation Proposal" and "72 House Democrats Caution Genachowski on Internet Regulation NPRM" in TLJ Daily E-Mail Alert No. 2,005, October 19, 2008.

It cites as support for these assertions the consequences of the merger of AT&T and BellSouth. The Federal Communications Commission (FCC) imposed as a condition for approval of that merger a 30 month requirement that the merged entity adhere to the FCC's 2005 policy statement. See also, stories titled "AT&T Proposes Further Merger Conditions" in TLJ Daily E-Mail Alert No. 1,511, December 28, 2006, and "FCC to Approve AT&T BellSouth Merger with Conditions" in TLJ Daily E-Mail Alert No. 1,512, January 2, 2007.

The Free Press paper states that "After two years of operating under a strict network neutrality regime, the company's gross capital expenditures rose to $20.34 billion. In terms of capital expenditures as a percentage of revenues, AT&T’s investment increased from 14.8 percent in 2006 to 16.4 percent in 2008".

The paper also states that gross capital investment by certain other telco and cable companies rose between 2006 and 2008.

Alternative arguments, not advanced by the Free Press, are that AT&T increased investments in the knowledge that the merger condition was only short termed, and that overall investment rose as a result of the FCC's deregulatory actions, such as its classifications of various types of broadband services as information services rather than telecommunications, and its triennial review order regarding Section 251 unbundling requirements.

The Free Press paper also asserts that "Most U.S. ISPs are actually disinvesting in their networks by depleting more in asset value than they spend on new capital equipment."

The paper elaborates that "The rhetoric about network neutrality discouraging investment is just a general reflection of the common but misguided belief that any and all regulation discourages investment. According to this theory, regulation will perpetuate uncertainty and will reduce potential return on investment, thereby reducing the incentive to invest. But all regulation is not created equal. Some regulation is heavy-handed, designed to control retail prices in a monopoly market, while other regulation can be much lighter, providing basic rules of the road that ensure healthier competition in an otherwise concentrated market."

The data and arguments in the paper focus on investment by wireline providers of broadband internet access, and not wireless providers.

Steve Largent, head of the CTIA, stated in a release that "It is troubling that we are debating a filing on investment and job creation from an organization such as Free Press. The industry I represent directly or indirectly employs more than 2.4 million Americans and contributed over $140 billion in direct economic benefit to the U.S. economy over the last three years."

Largent continued that "An illustration of the gaps in the Free Press filing is that counter to their own conclusions, they based their `analysis´ on rhetoric and avoided specific factual evidence of what Net Neutrality would mean to wireless. In the 700 MHz auction, the larger, regulated `open access´ license sold for half the smaller non-regulated license. These, and many other shortcomings, are littered throughout the filing. I am confident that the FCC, through its fact-based analysis, will draw the same conclusion."

Pro-Regulation Groups Write FCC

10/21. A collection of groups sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski urging the FCC to adopt the internet regulation rules proposed by Genachowski in his September 21, 2009 speech.

The signers of the letter are representatives of the American Civil Liberties Union (ACLU), American Library Association (ALA), Center for Democracy and Technology (CDT), Free Press (FP), Future of Music Coalition (FOMC), Media Access Project (MAP), New America Foundation (NAF), Public Knowledge (PK), and other groups.

They wrote that "Over the past two weeks, the largest telephone and cable companies have launched an intense lobbying campaign to oppose meaningful rules using dire yet vague predictions of doom if the FCC acts to preserve the Internet’s traditional openness. This outcry over a proposal the public has yet to see is clearly intended to halt the dialogue over the proper rules of the road for an open Internet before it even starts."

"We urge you to continue with the process you have set out", the groups wrote.

USTelecom Writes FCC Regarding Google Voice

10/21. The USTelecom sent a letter [PDF] to the Federal Communications Commission (FCC) urging it to expand the scope of its inquiry into Google Voice.

This letter expresses support for the FCC's letter [3 pages in PDF] to Google of October 9, 2009. 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.

It argues that the October 9 letter "fails to explore one critically important avenue that would shed significant light on the nature of Google’s conduct", namely, Google's statement that it restricts calls to numbers where there are "steep access charges".

The USTelecom wants the FCC to also ask Google the following four sets of additional questions:

    "At what level has Google determined that access charges are too ``steep´´ and what is the basis for this determination? Does Google apply the standard uniformly in all cases? How and where does Google disclose this information to its customers?"

    "Does Google, Bandwidth.com or any other entity that Google contracts with to provide Google Voice pay access charges for all non-local traffic where it does not block? If so, which entity is responsible for paying these access charges?"

    "Does Google, Bandwidth.com or any other entity Google contracts with to provide Google Voice assess originating or terminating switched access charges for any calls associated with Google Voice? If so, which entity bills for this service, what rates are charged, what access rate elements are included in such charges, what access functions are performed, and on which entities are those charges assessed?"

    "Does Google’s decision to block calls to certain numbers consider the content or type of service that can be accessed using that number? Whether or not Google does so today, does Google believe that it legally may block access to telephone numbers based upon the content or services offered at that number?"

This letter references WC Docket No. 07-135. This is the the FCC's call blocking proceeding. On June 28, 2007, the FCC adopted and released a Declaratory Ruling and Order (DR&O) [4 pages in PDF] in this proceeding that bars carriers from blocking calls.

Former Washington Post Executive Editor Wants FCC to Subsidize Journalism Under Expanded Universal Service System

10/19. The Columbia Journalism Review (CJR) published a paper titled "The Reconstruction of American Journalism". The authors are Leonard Downie, who was until 2008 the Executive Editor of The Washington Post, and Michael Schudson, a professor at the University of California at San Diego.

They argue that "The Internet ... has undermined the traditional marketplace support for American journalism". They argue for involvement of government in journalism -- including Federal Communications Commission (FCC) subsidies.

The two argue that a "national Fund for Local News should be created with money the Federal Communications Commission now collects from or could impose on telecom users, television and radio broadcast licensees, or Internet service providers". This Fund would then "make grants through state Local News Fund Councils to news organizations -- nonprofit and commercial, new media and old -- that propose worthy initiatives in local news reporting".

They suggest additional FCC administered tax regimes and funding sources, including a tax on ISPs, and use of licensing and auction proceeds.

They write that "The FCC should direct some of the money from the telephone bill surcharge -- or from fees paid by radio and television licensees, or proceeds from auctions of telecommunications spectrum, or new fees imposed on Internet service providers -- to finance a Fund for Local News that would make grants for advances in local news reporting and innovative ways to support it. Commercial broadcasters who no longer cover local news or do not otherwise satisfy unenforced public-service requirements could also pay into such a fund instead."

The FCC would "fund categories and methods of reporting and ways to support them, rather than individual stories or reporting projects, for durations of several years or more, with periodic progress reviews."

This paper also advances arguments regarding why government intervention is necessary. It states that "The Internet revolution helped to accelerate the decline in print readership, and newspapers responded by offering their content for free on their new Web sites. In hindsight, this may have been a business mistake".

Now, the paper asserts, "What is under threat is independent reporting that provides information, investigation, analysis, and community knowledge, particularly in the coverage of local affairs."

It argues that "credible independent news reporting cannot flourish without news organizations of various kinds, including the print and digital reporting operations of surviving newspapers. But it is unlikely that any but the smallest of these news organizations can be supported primarily by existing online revenue."

"Something is gained when reporting, analysis, and investigation are pursued collaboratively by stable organizations that can facilitate regular reporting by experienced journalists, support them with money, logistics, and legal services, and present their work to a large public." The paper adds that "What is paramount is preserving independent, original, credible reporting, whether or not it is popular or profitable".

The paper also argues that the federally subsidized Corporation for Public Broadcasting (CPB) should focus more on news, and expand into media other than broadcasting. To accomplish this, the paper urges the Congress to "significantly increase its appropriation".

It elaborates that "Public radio and television should be substantially reoriented to provide significant local news reporting in every community served by public stations and their Web sites. This requires urgent action by and reform of the Corporation for Public Broadcasting, increased congressional funding and support for public media news reporting, and changes in mission and leadership for many public stations across the country."

The paper also argues for news reporting by universities, most of which are funded or subsidized by state and federal governments. Some university faculty should be the new news reporters, the paper states.

It states that "Universities, both public and private, should become ongoing sources of local, state, specialized subject, and accountability news reporting as part of their educational missions. They should operate their own news organizations, host platforms for other nonprofit news and investigative reporting organizations, provide faculty positions for active individual journalists, and be laboratories for digital innovation in the gathering and sharing of news and information."

The paper also argues for changes to tax laws. "The Internal Revenue Service or Congress should explicitly authorize any independent news organization substantially devoted to reporting on public affairs to be created as or converted into a nonprofit entity or a low-profit Limited Liability Corporation serving the public interest, regardless of its mix of financial support, including commercial sponsorship and advertising. The IRS or Congress also should explicitly authorize program-related investments by philanthropic foundations in these hybrid news organizations -- and in designated public service news reporting by for-profit news organizations."

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In This Issue
This issue contains the following items:
 • FCC to Adopt Internet Regulation NPRM
 • ITIF Paper Suggests Approach to Analyzing Need for Internet Regulation Rules
 • Free Press Argues that FCC Internet Regulation Won't Deter Investment
 • Pro-Regulation Groups Write FCC
 • USTelecom Writes FCC Regarding Google Voice
 • Former Washington Post Executive Editor Wants FCC to Subsidize Journalism Under Expanded Universal Service System
Washington Tech Calendar
New items are highlighted in red.
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, and schedule for October  22.

The Senate will meet at 9:30 AM. It will resume consideration of resume the conference report on HR 2647 [LOC | WW], the "National Defense Authorization Act for Fiscal Year 2010".

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) will host an event titled "open meeting". The only item on the agenda [PDF] is adoption of a Notice of Proposed Rulemaking (NPRM) regarding "policies to preserve the open Internet", in WC Docket No. 07-52. This is the FCC's internet regulation proceeding 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.

POSTPONED TO 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’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).

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’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.

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.

Tuesday, October 27

9:30 AM - 1:00 PM. The National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52185-52186. Location: Department of Commerce, Room 4830, 1401 Constitution Ave., NW.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee will meet. See, notice in the Federal Register, October 14, 2009, Vol. 74, No. 197, at Pages 52749-52750. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

10:00 - 11:30 AM. The Center for American Progress (CAP) will host an event titled "Renewing and Reviewing the PATRIOT Act". The speakers will be Rep. Jane Harman (D-CA), Rudy deLeon (CAP) and Ken Gude (CAP). Location: CAP, 10th floor, 1333 H St., NW.

12:00 NOON - 2:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "Competition Policy as Innovation Policy". See, notice and registration page. Location: Newseum, 555 Pennsylvania Ave., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Oversight of the Broadband Stimulus Programs in the American Recovery and Reinvestment Act". See, notice. Location: Room 253, Russell Building.

Expiration of the Copyright Office's (CO) third triennial rules designating exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). These rules are codified at 37 C.F.R. § 201.40. See, notice in the Federal Register, October 6, 2008, Vol. 73, No. 194, at Pages 58073-58079, and story titled "Copyright Office Announces 4th Triennial Review of DMCA Exemptions" in TLJ Daily E-Mail Alert No. 1,839, October 7, 2008.

The Federal Communications Commission's (FCC) Auction 86, the broadband radio service (BRS) auction, is scheduled to begin.

Wednesday, October 28

9:30 - 10:30 AM. The Federal Communications Commission's (FCC) WRC-12 Advisory Committee's Informal Working Group 3 (Space Services) will meet. See, notice. Location: FCC, Rooms 4-B142 and 4-B112, 445 12th St., SW.

10:30 AM - 12:30 PM. The Federal Communications Commission's (FCC) WRC-12 Advisory Committee's Informal Working Group 2 (Terrestrial Services) will meet. See, notice. Location: FCC, Rooms 4-B142 and 4-B112, 445 12th St., SW.

RESCHEDULED FROM OCTOBER 14. 2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Combating Distracted Driving: Managing Behavioral and Technological Risks". The witnesses will be Ray LaHood (Secretary of Transportation) and Julius Genachowski (FCC Chairman). See, notice. Location: Room 253, Russell Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [33 pages in PDF] in its proceeding titled "In the Matter of Consumer Information and Disclosure Truth-in-Billing and Billing Format IP-Enabled Services". This NOI is FCC 09-68 in CG Docket Nos. 09-158 and CC Docket No. 98-170 and WC Docket No. 04-36. The FCC adopted it on August 27, 2009, and released the text on August 28, 2009.

Deadline to submit comments to the Federal Communications Commission (FCC) issued a Public Notice [10 pages in PDF] requesting comments regarding cost estimates and models for providing fiber optic connectivity to "anchor institutions, such as public schools and libraries, community colleges, and hospitals". See also, story titled "FCC Seeks Comments Regarding Cost of Connecting Schools and Libraries with Fiber" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009. The FCC seeks answers to these questions to assist it in drafting a document titled "National Broadband Plan". This item is DA 09-2194 in GN Docket Nos. 09-47, 09-51, and 09-137.

Thursday, October 29

9:00 AM - 12:00 NOON. The Progress & Freedom Foundation (PFF) and the George Mason University (GMU) School of Law will host an event titled "Ronald Coase's The Federal Communications Commission at 50". See, "The Federal Communications Commission", 2 Journal of Law and Economics 1-40 (1959). The speakers may include FCC Commissioner Robert McDowell (FCC Commissioner), Thomas Hazlett (GMU), Jeffrey Eisenach (Empiris LLC), Evan Kwerel (FCC's Office of Strategic Planning and Policy Analysis), and John Williams (FCC/OSPPA). This event is free. See, PFF notice and registration page. Location: Room 121, Hazel Hall, GMU law school, 3301 Fairfax Drive, Arlington, VA. The nearest metro stop is Virginia Square on the Orange Line.

12:00 NOON - 1:30 PM. The Software and Information Industry Association (SIIA) will host an event titled "Libel Tourism/Libel Terrorism: Publishers' First Amendment Rights in the International Market". The speakers will be Clifford Sloan (Jones Day) and Scott Bain (SIIA). See, notice. Prices vary. Location: United Press International, 1133 19th St., NW.

2:00 - 6:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Broadband: How the Pieces Fit Together". There will be panels titled "The National Broadband Plan", "Broadband Mapping", and "Role of Government Funding in Maximizing Broadband Goals". Prices vary. This event qualifies for CLE credits. See, notice and registration form [PDF]. Registrations are due by 5:00 PM on October 27. Location: Arnold & Porter, 555 12th St., NW.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to it Public Notice regarding qualifying information for recognizing laboratory accreditation bodies and ACLASS application for recognition. This item is DA 09-2049 in ET Docket No. 09-161.