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November 9, 2009, Alert No. 2,011.
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New York State Files Civil Antitrust Complaint Against Intel

11/4. The State of New York filed a civil complaint [87 pages in PDF] in the U.S. District Court (DDel) against Intel alleging violation of Section 2 of the Sherman Act (15 U.S.C. § 2), and New York law (N.Y. Gen. Bus. Law § 340 et seq. and § 63(12) of the New York Executive Law).

Andrew Cuomo, the Attorney General of New York, stated in a release that "Intel used bribery and coercion". The complaint does not plead or charge any act of bribery or coercion in violation of 18 U.S.C. §§ 201-227.

Rather, the complaint alleges that Intel "has engaged in a systematic worldwide campaign of illegal, exclusionary conduct to maintain its monopoly power and prices in the market for x86 microprocessors".

It states that "By exacting exclusive or near-exclusive agreements from large computer makers ... in exchange for payments totaling billions of dollars, and threatening retaliation against any company that did not heed its wishes, Intel robbed its competitors of the opportunity to challenge Intel's dominance in key segments of the market. This illegal behavior was highly detrimental to consumers, competition, and innovation."

The complaint elaborates that Intel gave loyalty rebates to its customers, and threatened them "with retaliation if they persisted in dealing with AMD", such as by funding competitors to compete against them.

The complaint seeks declaratory and injunctive relief, treble damages, restitution, and other remedies.

Section 2 of the Sherman Act provides in full that "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court."

The European Union has fined Intel based upon related allegations. See, story titled "EC Fines Intel One Billion Euros" in TLJ Daily E-Mail Alert No. 1,937, May 12, 2009. See also, story titled "European Commission Initiates Proceeding Against Intel Alleging Anticompetitive Behavior" in TLJ Daily E-Mail Alert No. 1,617, July 26, 2007.

However, U.S. federal antitrust regulators have taken no related action against Intel.

Reaction. Albert Foer, head of the American Antitrust Institute (AAI), a plaintiffs' antitrust group, stated in a release that "The computer industry, with its large economies of scale, has seen many prices go down ... But, since Intel's prices did not go down as much as market economics predict they should have, there is potential for damages to be proven."

Ed Black, head of the Computer & Communications Industry Association (CCIA) stated in a release that "It is time for Intel to admit its misconduct, repair the harms it has perpetrated and change its business practices. Its legal strategy is clearly not working and its broad claims of innocence are being shown to be more hollow each passing day."

The Progress & Freedom Foundation's (PFF) Ken Ferree stated in a release that "It's unfortunate that the NY Attorney General has decided to interfere in a market that is actually working for consumers. Despite all of the rhetoric and grandstanding, there is no evidence that I've seen of any harm to Intel's competitors, to competition, or to consumers. On the contrary, the microprocessor market is characterized by rapidly falling prices, increasing outputs, and improved performance. Indeed, the only reason evident for bringing this case is the political splash it will no doubt make. That's not how sound competition policy is grounded."

Antitrust As a Competitive Weapon

10/16. David Evans, an economist, visiting professor at the University College London, and Managing Director at LECG LLC, spoke at a panel discussion on antitrust on Capitol Hill on October 16, 2009, hosted by the Technology Policy Institute (TPI).

"IT more than any other industry", said Evans, "uses antitrust as a competitive weapon. And, we are now in the third generation of this. The most successful company becomes the whipping boy for antitrust regulators. And, competitors invest truly modest sums in egging the regulators along."

"There is no better investment than ... to spend a few million dollars on lawyers, and of course economists, to make your rival's life truly miserable."

For example, Evans said that "IBM's management spent too much time on antitrust, rather than innovation, in the 1970s. Bill Gates was essentially taken out of action for years. It looks like we are determined to make Google the next target."

He concluded that in the IT sector there is "Tanya Harding competition. If I can't win on the playing field, I can get someone to break my opponents' legs." He concluded that "Tanya can now go to powerful competition authorities around the world".

However, Evans did not address Intel and AMD.

FCC Approves AT&T Centennial Merger

11/5. The Federal Communications Commission (FCC) adopted and released a redacted copy [77 pages in PDF] of its Memorandum Opinion and Order (MOO) approving the merger of AT&T, Inc. and Centennial Communications, Inc., subject to divestiture of wireless operations in seven local markets in the states of Louisiana and Mississippi.

This is an antitrust merger review proceeding. This MOO is FCC 09-97 in WT Docket No. 08-246. See also, the FCC's web page for its proceeding on this transaction.

The Department of Justice's (DOJ) Antitrust Division, which has statutory authority to conduct antitrust merger reviews, approved this transaction on October 13, 2009. It required divestiture in the same seven markets. See, story titled "DOJ Approves AT&T Acquisition of Centennial" in TLJ Daily E-Mail Alert No. 2,004, October 16, 2009.

FCC Commissioner Michael Copps wrote in his concurring statement that "This transaction does not appear to be the vehicle for major changes in the Commission's approach to mergers in the wireless sector."

This MOO states and applies the FCC's methodology for analyzing the competitive effects of wireless mergers. However, it also states that "our future analysis of the competitive effects of proposed transactions may change".

The FCC's vehicle for changing its approach may be 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.) That NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released it on August 27, 2009.

For the AT&T Centennial merger, the FCC summarized its analysis: "Our competitive analysis of the proposed transaction considers the potential competitive effects that might result from the proposed transaction. We begin our competitive analysis by determining the appropriate market definitions for this transaction, including a determination of the product market, geographic markets, market participants, and the input market for spectrum available for the provision of mobile telephony/broadband services." (Footnotes omitted.)

The MOO continued that "We next determine whether there is a significant increase in horizontal market concentration as a result of the proposed transaction. Transactions that do not significantly increase concentration or do not result in a concentrated market ordinarily require no further analysis of their horizontal impact. In analyzing concentration levels, we apply a two-part initial ``screen´´ to identify those local markets in which no competitive harm clearly arises from the transaction. The first part of the screen considers changes in market concentration in the provision of ``mobile telephony/broadband services´´ as a result of the proposed transaction, and is based on the size of the post-transaction Herfindahl-Hirschman Index (``HHI´´) market concentration and the change in the HHI. The second part of the screen examines the input market for spectrum available on a market-by-market basis for the provision of ``mobile telephony/broadband services.´´" (Footnote omitted.)

Finally, "For those markets not eliminated by the initial screen, we conduct, on a market-by-market basis, an analysis of any potential competitive harms associated with horizontal concentration, including the potential for both unilateral and coordinated effects. We also examine other market factors that pertain to competitive effects, including the incentive and ability of other existing firms to react and of new firms to enter the market, in response to attempted exercises of market power by the merged entity as a result of the merger." (Footnote omitted.)

The MOO also discusses potential "public interest benefits" of the merger.

This MOO states that Centennial is not currently offering 3G wireless service, except in Puerto Rico and the Virgin Islands, and that AT&T and Centennial state that this "transaction will enable AT&T to provide 3G services to Centennial’s customers throughout its footprint".

The MOO also states that the two companies "assert that, as a result of the merger, AT&T will be able to roll out 4G technology more quickly in Centennial service areas where AT&T holds AWS or 700 MHz spectrum, but lacks towers or necessary infrastructure to use this spectrum".

Moreover, the MOO notes that the two companies "contend that the merger will allow Centennial's customers to benefit from AT&T's Open Applications Policy".

The two companies entered into their merger agreement almost one year ago, on November 7, 2008. They submitted their merger applications (nominally license transfer requests) to the FCC on November 21, 2009. Copps described this approval as "fast track".

FCC Adopts Order Regarding Internet Based TRS Providers

11/5. The Federal Communications Commission (FCC) adopted and released an order [15 pages in PDF] in its proceeding titled "In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities" and numbered and CG Docket No. 03-123 and CC Docket No. 98-67, and in its proceeding titled "In the Matter of E911 Requirements for IP-Enabled Service Providers" and numbered WC Docket No. 05-196.

This order states that "we temporarily waive the prohibition against Internet-based TRS providers assigning geographically approximate numbers to users in cases where providers cannot gain access to ten-digit, North American Numbering Plan (NANP) numbers in the users' rate centers."

It also states that "where emergency service authorities are unable to receive and utilize Internet-based TRS providers' Communications Assistant identification numbers (CA IDs) via the automatic location information (ALI) database during a 911 call, Internet-based TRS providers will be deemed to be in compliance with the Commission's emergency call handling requirements if they convey this information orally." (Parentheses in original.)

It also states that "an Internet-based TRS provider must implement a system to ensure that call backs from emergency personnel to the telephone number of an Internet-based TRS consumer following a 911 call receive priority queuing".

This order is DA 09-2389.

FCC Adopts E-Rate NPRM

11/5. The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) regarding its e-rate tax and subsidy program.

The FCC created the e-rate program over a decade ago during the tenure of former Chairman William Kennard to provide subsidies to school and libraries for telecommunications services, internet access service, and installation of internal connections. The Congress soon after passed the Children’s Internet Protection Act (CIPA), which amended 47 U.S.C. § 254 to insulate minors from online content that is harmful to minors.

The CIPA required schools receiving e-rate subsidies to certify that they are enforcing "a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are (A) obscene; (B) child pornography; or (C) harmful to minors", and that they are "enforcing the operation of such technology protection measure during any use of such computers by minors".

More recently, the 110th Congress passed S 1492 [LOC | WW]. Former President Bush signed the bill on October 10, 2008. Part I of the bill is the "Broadband Data Improvement Act". Part II is the "Protecting Children in the 21st Century Act". It is Public Law No. 110-385.

Section 215 of the bill is titled "Promoting Online Safety in Schools". It adds an additional certification requirement to 47 U.S.C. § 254(h)(5)(b). A school receiving e-rate subsidies must also certify that, "as part of its Internet safety policy is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response".

The just adopted NPRM adds this clause to the FCC's e-rate regulations. However, neither the statute, nor the proposed regulations, define the terms "cyberbullying", "appropriate online behavior", "social networking websites", or "chat rooms". The FCC would leave school administrators with maximum flexibility and discretion.

Moreover, the rules proposed in this NPRM go beyond this. The NPRM proposes to make numerous technical and substantive changes to the e-rate rules.

For example, the proposed rules contain new language regarding the disabling of "a technology protection measure". The proposed language is as follows: "The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(h) must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by minors, harmful to minors. The technology protection measure must be enforced during use of computers with Internet access, although an administrator, supervisor, or other person authorized by the certifying authority under subparagraph (c)(1) may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. This Internet safety policy must also include monitoring the online activities of minors and must educate minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response."

This FCC adopted this NPRM on November 4, 2009, and released the text on November 5, 2009. It is FCC 09-96 in CC Docket No. 02-6. Initial comments are due within 30 days of publication of a notice in the Federal Register. Reply comments are due within 45 days of such publication. As of the November 9, 2009, issue of the Federal Register, this notice had not yet been published.

In This Issue
This issue contains the following items:
 • New York State Files Civil Antitrust Complaint Against Intel
 • Antitrust As a Competitive Weapon
 • FCC Approves AT&T Centennial Merger
 • FCC Adopts Order Regarding Internet Based TRS Providers
 • FCC Adopts E-Rate NPRM
Washington Tech Calendar
New items are highlighted in red.
Monday, November 9

The House will not meet.

The Senate will meet at 2:00 PM. It will resume consideration of HR 3082 [LOC | WW], the "Military Construction and Veterans Affairs Appropriations Act, 2010".

10:00 AM. Deadline for the general public to submit comments to the Office of the U.S. Trade Representative (OUSTR) in response to its request for comments regarding its Special 301 out of cycle reviews of Fiji, Israel, Philippines, Poland, and Saudi Arabia, and regarding identification of countries under Section 182 of the Trade Act of 1974. See, notice in the Federal Register, October 5, 2009, Vol. 74, No. 191, at Pages 51215-51216.

1:00 PM. The Supreme Court will hear oral argument in Bilski v. Kappos. See, story titled "Supreme Court Grants Cert in In Re Bilski" in TLJ Daily E-Mail Alert No. 1,945, June 1, 2009.

1:00 PM. The Consumer Electronics Association (CEA) will host a webcast and teleconferenced program "to brief media and answer questions regarding the latest data on the California Energy Commission's (CEC's) proposed television regulations". See, webcast page. The call in numbers are 1-888-727-6732 and 570501. For more information, contact Jennifer Bemisderfer at 703-907-4322 or jenb at CE dot org.

First of four suggested dates for submitting "white papers" to the National Institute of Standards and Technology (NIST) regarding the NIST's Technology Innovation Program (TIP). The other suggested submission dates are February 15, 2010, May 10, 2010, and July 12, 2010. The final deadline is September 30, 2010. See, notice in the Federal Register, September 4, 2009, Vol. 74, No. 171, at Pages 45823-45825.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] that requests comments regarding "identifying and remedying barriers to broadband deployment and adoption on Tribal lands". This is to aid the FCC in drafting its "National Broadband Plan". This item is DA 09-2093 in GN Docket Nos. 09-47, 09-51, and 09-137.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its interim examination instructions for evaluating patent subject matter eligibility under 35 U.S.C. § 101 pending a decision by the Supreme Court in Bilski v. Kappos. See, extension notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Page 52184.

Tuesday, November 10

12:00 NOON - 1:15 PM. The Federal Communications Commission (FCC) will hold a brown bag lunch titled "Meet the 8th Floor Media Advisors". The Federal Communications Bar Association's (FCBA) states that this is an FCBA event. Location: National Association of Broadcasters (NAB), 1771 N St., NW.

1:00 - 2:30 PM. The American Bar Association's (ABA) Section of Real Property, Trust & Estate Law will host a seminar by teleconference titled "Passwords and Personalty: Planning and Pitfalls in the Disposition of Tangible and Quasi-Tangible Property". This seminar will address the disposition of digital assets, including computer passwords, e-mail accounts and social networking profiles. Prices vary. See, notice.

1:00 - 2:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a seminar by teleconference titled "Privacy & Information Security Update". The speakers will be David Fagan, Yaron Dori, Dan Cooper, Jamillia Ferris, and Erin Egan of the law firm of Covington & Burling. See, notice.

2:00 PM. The Department of Homeland Security (DHS) will host a webcast speech by Bruce McConnell (Counselor to National Protection and Programs Directorate (NPPD) Deputy Under Secretary Philip Reitinger) titled "A Perspective on National Strategy for Identity Management and Cyber Security".

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's Economic Analysis Group will host a presentation by Joe Farrell (FTC) titled "Some Welfare Analytics of Aftermarkets" To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.

Wednesday, November 11

Veterans' Day. This is a federal holiday. See, Office of Personnel Management's (OPM) web page titled "2009 Federal Holidays".

Thursday, November 12

9:00 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "Unlocking the Future of Communications". The keynote speaker will be Robert McDowell (FCC Commissioner). One panel is titled "A Bundle of Unbundling -- A Global Perspective". The speakers will be Massimiliano Trovto (Istituto Bruno Leoni), Greg Frazier (MPAA), and Scott Cleland (Precursor LLC). The other panel is titled "Insider Discussion: The Future of Communications". The speakers will be Michael McCurry (Arts + Labs) and Carolyn Brandon (Georgetown University School of Business). Lunch will be served. RSVP to Erin Humiston at 972-874-5239 or erin at ipi dot org. Location: Reserve Officer Association Building, 5th floor, 1 Constitution Ave., NE.

TIME CHANGE. 9:30 AM - 2:30 PM. The Federal Communications Commission (FCC) will hold a hearing titled "The Role of Broadband in Improving Public Safety Communications and Emergency Response" to assist it in drafting a document titled "National Broadband Plan". See, agenda. Location: Georgetown University, Leavey Center, 3900 Reservoir Rd, NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Lawrence White (New York University business school) titled "The Credit Rating Agencies: How Did We Get Here? Where Should We Go?". See, paper [24 pages in PDF] with the same title. Location: FTC, 601 New Jersey Ave., NW.

7:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "20th Annual Charity Auction". It states that "prizes are expected to include vacation packages, electronics products, tickets to various sporting events (including Redskins, Wizards, Capitals, and Nationals games), Verizon Center events, theater tickets, dinners, lunches, spa packages, and gift certificates from area businesses". Location: Hamilton Crowne Plaza Hotel, Sphinx Ballroom at the Almas Temple, 1315 K St., NW.

Day one of a two day event hosted by the American Bar Association's (ABA) Standing Committee on Law and National Security titled "Nineteenth Annual Review of the Field for National Security Law". At 8:30 to 10:00 AM there will be a panel comprised of David Kris (Assistant Attorney General in charge of the DOJ's National Security Division), Robert Litt (Office of the Director of National Intelligence General Counsel), Stephen Preston (CIA GC), Ivan Fong (DHS GC), and Jeh Johnson (DOD GC). At 10:45 AM - 12:30 PM there will be a panel on legislative developments. The speakers will be Suzanne Spaulding (Bingham Consulting Group), Chris Donesa (Republican Chief Counsel of the House Intelligence Committee), Perry Apelbaum (Staff Director and Chief Counsel of the House Committee on the Judiciary), Brandon Milhorn (Republican Staff Director and Chief Counsel of the Senate Homeland Security and Governmental Affairs Committee), and Rick DeBobes (Staff Director of the Senate Committee on Armed Services). Location: Renaissance Washington DC Hotel, Renaissance Ballroom, 999 9th St., NW.

Day one of a two day conference hosted by the American Bar Association's (ABA) Section of Antitrust Law titled "Fall Forum Agenda". At 9:00 AM, Carl Shapiro, Deputy Assistant Attorney General for Economic Analysis in the DOJ's Antitrust Division, will speak. At 9:45 AM there will be a panel titled "DOJ Enforcement Agenda". The speakers will include Phil Weiser (Deputy Assistant Attorney General for International, Policy and Appellate Matters). At 11:15 AM - 12:30 PM, there will be a panel titled "FTC Enforcement Agenda". The speakers will include Joseph Farrell (Director of the FTC's Bureau of Economics), Richard Feinstein (Director of the FTC's Bureau of Competition), and David Vladeck (Director of the FTC's Bureau of Consumer Protection). At 1:30 PM, William Kovacic (FTC Commissioner) will give a lunch speech titled "The Application of Section 5 of the Federal Trade Commission Act". At 2:30 - 3:45 PM, there will be a panel titled "Shaping Antitrust Policies: The Role of the Courts". The speakers will include Douglas Ginsburg, Judge of the U.S. Court of Appeals for the DC Circuit. See, agenda [PDF]. Location: National Press Club, 13th Floor, 529 14th St., NW.

Day one of a three day event hosted by the Federalist Society for Law and Public Policy Studies titled "2009 National Lawyers Convention". At 12:00 NOON - 2:00 PM there will be a panel titled "Intellectual Property and Economic Growth". See, conference web site. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-78-2 [20 pages in PDF] titled "Cryptographic Algorithms and Key Sizes for Personal Identification Verification (PIV)".

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] regarding numerous topics, including public safety mobile wireless broadband networks, "Next Generation 911", cybersecurity, and and emergency alert and warning systems. The FCC seeks answers to questions to assist it in drafting a document titled "National Broadband Plan", and for other purposes. This item is DA 09-2133 in GN Docket Nos. 09-47, 09-51, and 09-137; PS Docket Nos. 06-229, 07-100, and 07-114; WT Docket No. 06-150; CC Docket No. 94-102; and WC Docket No. 05-196.

Friday, November 13

12:30 -1:30 PM. Tthe Federal Communications Bar Association's (FCBA) Legislative Committee will host a closed brown bag lunch titled "Telecommunications Issues Before Congress". Location: Goodfriend Government Affairs, 5th floor, 1300 19th St., NW.

Day two of a two day event hosted by the American Bar Association's (ABA) Standing Committee on Law and National Security titled "Nineteenth Annual Review of the Field for National Security Law". At 12:30 PM Janet Napolitano will give the keynote address. At 2:30 - 4:15 PM there will be a panel titled "Cyber Security and Cyber Warfare". The speakers will be Spike Bowman (University of Virginia School of Law), Bradford Bleier (Supervisory Special Agent of the FBI's Cyber Division), Philip Reitinger (DHS Deputy Undersecretary of National Protection and Programs Directorate), Chris Painter (acting Senior Director for Cybersecurity at the National Security Council), Kim Taipale (Center for Advanced Studies in Science and Technology Policy. Location: Renaissance Washington DC Hotel, Renaissance Ballroom, 999 9th St., NW.

Day two of a two day conference hosted by the American Bar Association's (ABA) Section of Antitrust Law titled "Fall Forum Agenda". At 8:30 - 10:00 AM, there will be a panel on antitrust enforcement by states. At 10:00 - 11:15 AM, there will be a panel titled "Major Developments Abroad: Recent Developments in EC Enforcement, Early Returns on Chinese Enforcement and Developments in Canada". At 11:30 AM - 12:45 PM, there will be a panel titled "The Role of Sector Specific Regulators In Merger Review". The speakers will include James Bird, head antitrust merger reviews at the Federal Communications Commission (FCC). See, agenda [PDF]. Location: National Press Club, 13th Floor, 529 14th St., NW.

Day two of a three day event hosted by the Federalist Society for Law and Public Policy Studies titled "2009 National Lawyers Convention". At 3:15 - 4:45 PM there will be a panel titled "The Fairness Doctrine". See, conference web site. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Deadline to submit reply 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 initial comments to the Copyright Office and the U.S. Patent and Trademark Office ((USPTO) in response to the Notice of Inquiry (NOI) regarding the draft treaty [PDF] proposed to the World Intellectual Property Organization's (WIPO) Standing Committee on Copyright and Related Rights (SCCR) by Brazil, Ecuador, and Paraguay. See, notice in the Federal Register, October 13, 2009, Vol. 74, No. 196, at Pages 52507-52509, and story titled "Copyright Office and USPTO Issue NOI Regarding Treaty Based Exemption to Anti-Circumvention Provisions" in TLJ Daily E-Mail Alert No. 2,003, October 15, 2009.

Saturday, November 14

Day three of a three day event hosted by the Federalist Society for Law and Public Policy Studies titled "2009 National Lawyers Convention". At 10:45 AM - 12:15 PM there will be a panel titled "Broadband Policy -- One Year In". At 2:30 - 4:15 PM there will be a panel titled "Control of the Bureaucracy". See, conference web site. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Monday, November 16

7:00 AM - 8:30 PM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Nanotechnology Coordination Office (NNCO) will hold an event titled "Nanotechnology Primer Public Pre-meeting". See, notice in the Federal Register, October 30, 2009, Vol. 74, No. 209, at Pages 56246. Location: Holiday Inn Rosslyn Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host a reception for Jonathan Blake, Judith Harris, and Henry Rivera. Register by contacting Desiree Logan at dlogan at reedsmith dot com. Location: Reed Smith, East Tower, Penthouse, 1301 K St., NW.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] regarding the proposed creation of a "broadband clearinghouse". The FCC has received comments making such a proposal. See for example, comment [PDF] of the Public Knowledge at page 40. The FCC This item is DA 09-2167 in GN Docket Nos. 09-47, 09-51, and 09-137.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding the report [232 pages in PDF] issued by the Harvard University Law School titled "Next Generation Connectivity: A review of broadband Internet transitions and policy from around the world". See, FCC Public Notice. 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.

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