1/5. Sen. Olympia Snowe (R-ME), a senior member of the Senate Commerce Committee (SCC), sent a letter [PDF] to the Federal Communications Commission (FCC) regarding allocating more spectrum for wireless broadband.

Sen. Snowe wrote that the FCC "has several open rulemaking proceedings that appear ready for prompt decisions that could enable the quick roll-out of significant additional spectrum to meet near-to-midterm demand for additional commercial wireless broadband spectrum".

She is a sponsor of S 649 [LOC | WW], the "Radio Spectrum Inventory Act".

She added that "it is imperative that the FCC first clear the table of outstanding spectrum-related items that have lingered at the Commission before extensively exploring other avenues".

She identified six sets of spectrum in her letter, as set forth in the table below.

WCS. In 2007 the FCC adopted a Notice of Proposed Rulemaking (NPRM) and Second Further NPRM [28 pages in PDF] regarding rules and policies for licensing satellite digital audio radio service (SDARS) terrestrial repeaters in the 2320-2345 MHz frequency band.

It wrote then that "A principal challenge in establishing a regulatory framework for SDARS repeaters has been the difficulty of resolving potential interference issues between SDARS repeaters and the proposed operations of terrestrial licensees in the Wireless Communications Service (WCS) in adjacent frequency bands that will permit the two services to co-exist."

That item is FCC 07-215 in WT Docket No. 07-293 and IB Docket No. 95-91. The FCC adopted it on December 17, 2007, and released it on December 18, 2007.

Sen. Snowe (at right) wrote that "This issue has been before the FCC for over a decade. It appeared the Commission was poised to act on a rulemaking late last year that would have adopted final technical rules governing spectrum in the WCS band but no action was taken. This lack of resolution has needlessly delayed the deployment of broadband services by the WCS community and therefore should be concluded."

AWS-3. The FCC designated this block for Advanced Wireless Service (AWS) in 2005. On September 19, 2007, the FCC released a Notice of Proposed Rulemaking (NPRM) [86 pages in PDF] in its proceeding titled "In the Matter of Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band". It is FCC 07-164 in WT Docket No. 07-195. See, story titled "FCC Releases NPRM for Service Rules for 2155-2175 MHz Band" in TLJ Daily E-Mail Alert No. 1,645, September 25, 2007.

This band is sometimes referred to as AWS-3. The 90 MHz in the 1710-1755 MHz and 2110-2155 MHz bands are AWS-1. The 20 MHz in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz bands are AWS-2.

Sen. Snowe wrote that "Currently this block is capable of operating either on an unpaired basis or as additional base-to-mobile spectrum for the adjacent AWS-I band. Some parties advocate that it could be paired with spectrum currently used by Federal agencies at 1755-1775 MHz, thereby expanding the AWS-l band. The FCC should decide how it will proceed with this band-license now unpaired or work with NTIA to possibly reallocate the 1755-1775 MHz band from Federal to commercial use-so that parties can have greater certainty in moving forward with the business and rollout plans."

D Block. The D Block is 10 MHz of paired spectrum (758-763 and 788-793) that was part of the 700 MHz auction (Auction No. 73) in early 2008. It was to have been auctioned as one nationwide license, and subject to a Public/Private Partnership. That is, the plan was for a commercial licensee to build a nationwide broadband interoperable network for use by public safety entities. It would then have preemptible secondary access to the spectrum. However, no bidder bid the reserve price.

The FCC adopted and released a 2ndFNPRM [101 pages in PDF] on May 14, 2008. It is FCC 08-128 in WT Docket No. 06-150 and PS Docket No. 06-229.

See also, related stories:

• "FCC Closes 700 MHz Auction" and "Rep. Markey Announces Hearing on 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008.
• "FCC Releases Details of 700 MHz Auction" and "FCC Will Not Offer D Block in Auction 76" in TLJ Daily E-Mail Alert No. 1,735, March 24, 2008.
• "FCC Releases Inspector General's D Block Investigation Report" in TLJ Daily E-Mail Alert No. 1,755, April 28, 2008.
• "FCC Announces NPRM for D Block Auction" in TLJ Daily E-Mail Alert No. 1,766, May 14, 2008.

Sen. Snowe wrote that "the FCC unsuccessfully attempted to auction this block in 2008 in order to create a public/private partnership with the licensee of the adjacent public safety broadband block to create a nationwide public safety broadband network. The FCC sought comment on potential modifications to the D block rules in 2008, but has yet to act. It goes without saying; this nation has for too long lacked a nationwide public safety network so a decision by the Commission is long overdue on what option-whether it's re-auction, direct allocation, or some other solution-it believes will be most viable for resolving this deficiency."

2 GHz MSS. Sen. Snowe wrote that "the FCC initially authorized, in 2001, eight new mobile satellite services (MSS) systems to use 70 MHz of spectrum in the 2 GHz band to enable state-of-the-art global and regional mobile satellite systems. In 2005, after several potential operators abandoned plans or failed to meet milestones, the FCC determined that the two remaining operators would each receive 20 MHz of spectrum. Although both operators have launched satellites in this band, neither is yet offering service and one licensee is now in bankruptcy. Given that this spectrum is currently unused, the Commission may want to consider reallocating a portion of this band (possibly up to 20 MHz) to terrestrial mobile uses." (Parentheses in original.)

H and J Blocks. Sen. Snowe wrote that "in 2004, the FCC designated these blocks for broadband and advanced wireless services and initiated a rulemaking proceeding on service rules. The FCC subsequently issued a Further Notice in 2008 to refresh the record but has yet to take action. The Commission should finalize the service rules and then auction the spectrum."

The FCC adopted its NPRM on September 9, 2004, and released the text on September 24, 2004. It is FCC 04-218 in WT Docket No. 04-356 and WT Docket No. 02-353. See also, story titled "FCC Makes Additional 20 MHz of Spectrum Available for Advanced Wireless Services" in TLJ Daily E-Mail Alert No. 975, September 13, 2004.

The FCC adopted and released its Further Notice of Proposed Rulemaking (FNPRM) [45 pages in PDF] on June 20, 2008. It is FCC 08-158 in WT Docket Nos. 07-195 and 04-356.

1/8. The Federal Communications Commission (FCC) released a Memorandum Opinion and Order [8 pages in PDF] in its proceeding titled "In the Matter of Cablevision Systems Corporation's Request for Waiver of Section 76.630(a) of the Commission's Rules". This order grants Cablevision's request for a waiver of the prohibition on encryption of the basic service tier set forth in Section 76.630(a) of the FCC's rules.

The FCC wrote that "Cablevision has provided cogent reasons for and concrete benefits attributable to its request to encrypt the basic service tier for its systems in New York City. If Cablevision encrypts the basic service tier, it will realize the benefits that result from remote connection and disconnection: reduced costs for Cablevision, improved customer service, and reduced fuel consumption and CO2 emissions. Cablevision's subscribers will also benefit from reduced installation charges and avoid the inconvenience of waiting for service calls. Furthermore, by providing basic-only subscribers with set-top boxes or CableCARDs without charge for significant periods of time, Cablevision will substantially limit burdens associated with basic tier encryption." (Footnote omitted.)

Harold Feld of the Public Knowledge (PK) stated in a release that "The unique facts presented in this case by Cablevision justified granting a waiver for encryption of basic cable service. We are also pleased that the Media Bureau will monitor Cablevision’s commitment to provide free set-top boxes. At the same time, we are still concerned that the Commission is proceeding on a case-by-case basis on a variety of set top box issues. Cablevision's conversion to all-digital service is part of a broader cable digital transition that has been recognized as part of the Commission’s National Broadband Plan. It would be much better for the Commission to take a comprehensive look at all set-top box issues as part of one rulemaking, as we have suggested."

This order is DA 10-34 in MB Docket No. 09-168.

1/8. A grand jury of the U.S. District Court (NDTex) returned a superseding indictment that charges 19 defendants with various e-mail based crimes related to defrauding communications companies and others. The Federal Bureau of Investigation (FBI) stated in a release that "The indictment alleges that from March 2003 through July 2009, the defendants conspired to defraud various telecommunications companies, including AT&T; Verizon; XO Communications; SMARTnet VOIP; Waymark Communications; the lessors of properties at 2020 Live Oak, 2323 Bryan Street and 1950 Stemmons Freeway, in Dallas; various financial institutions; leasing companies and creditors, including Wells Fargo, AT&T Capital Services, and the credit reporting agencies; and various other service providers, such as power companies, insurance companies, air-conditioning companies, website developers, and others for goods and services amounting to more than $15 million." The FBI added that "the conspirators made false representations to obtain goods, such as computer and telecommunications equipment and infrastructure, to include racks to hold computer equipment, generators to provide power for the equipment, and office space to install the equipment, as well as services related to the operation and use of computers and telecommunications". The FBI added that many of the defendants remain fugitives. See also, release of the Office of the U.S. Attorney for the Northern District of Texas.

1/7. The U.S. District Court (SDOhio) sentenced Kyle J. Tschiegg to serve 90 months in prison, three years of supervised release, and payment of restitution to victims, following his previous plea of guilty to interstate transmission of threatening communications, interstate extortion, computer fraud, and identity theft. The Department of Justice (DOJ) stated in a release that he "sent threats via e-mail and cell phone to a group of approximately 40 individuals and businesses in Ohio, Florida and elsewhere, from October 2007 until his arrest in February 2009. At one point, approximately 3,500 e-mail accounts were being copied on the threatening e-mails. Tschiegg admitted he used several methods to conceal his identity, including using his laptop computer to access the Internet through the unsecured wireless networks of his neighbors in Sarasota." The DOJ release adds that he "hacked into a Florida state legislator's e-mail account in October 2008" and "sent two e-mails threatening to injure the legislator, the legislator's family and supporters, unless the legislator withdrew from the race."

1/7. Stuart Wolff, a former Ch/CEO of Homestore.com, entered into a plea agreement, filed with the U.S. District Court (CDCal) on January 7, 2010, under which he agrees to plead guilty to one count of conspiracy to commit securities fraud. This relates to the artificial inflation of company revenue back in 2001. Wolff was previously convicted, but the U.S. Court of Appeals (9thCir) reversed that conviction. See, Department of Justice (DOJ) release.

12/29. The Department of Justice announced in a release that Albert Gonzalez pled guilty in the U.S. District Court (DMass) to "two counts of conspiracy to gain unauthorized access to the payment card networks operated by, among others, Heartland Payment Systems, a New Jersey-based card processor; 7-Eleven, a Texas-based nationwide convenience store chain; and Hannaford Brothers Co. Inc., a Maine-based supermarket chain". Gonzalez also pled guilty in September of 2009 to 19 counts of conspiracy, computer fraud, wire fraud, access device fraud and aggravated identity theft relating to TJX Companies, BJ's Wholesale Club, OfficeMax, Boston Market, Barnes & Noble and Sports Authority. The DOJ stated that "Gonzalez leased or otherwise controlled several servers, or "hacking platforms," and gave access to these servers to other hackers, knowing that they would use them to store malicious software, or "malware," and launch attacks against corporate victims. Malware used against several of the corporate victims was also found on a server controlled by Gonzalez. Gonzalez tested malware by running multiple anti-virus programs in an attempt to ascertain if the programs detected the malware. According to information in the plea agreement, it was foreseeable to Gonzalez that his co-conspirators would use malware to steal tens of millions of credit and debit card numbers, affecting more than 250 financial institutions." See also, story titled "DOJ Announces Cyber Crime Indictments" in TLJ Daily E-Mail Alert No. 1,808, August 7, 2008.

1/11. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Online Safety and Technology Working Group (OSTWG) announced that it will hold a public meeting at the DOC on February 4, 2010, from 8:40 AM to 5:00 PM.. The agenda includes presentations and discussions on "online safety and technology, with an emphasis on issues relevant to the work of the subcommittees on data retention and child pornography reporting". See, notice in the Federal Register, January 11, 2010, Vol. 75, No. 6, at Pages 1338-1339.

1/11. Google published in its YouTube web site a set of videos titled "Steering Clear of Cyber Tricks", "Detecting Lies and Staying True", "Playing and Staying Safe Online", and "Staying Safe on YouTube".

1/8. The American Antitrust Institute (AAI) release a short paper titled "Distinctions Between the Impact of the Ticketmaster -- Live Nation Merger in the U.S. and the U.K.". On December 22, 2009, the United Kingdom Competition Commission (UKCC) approved the proposed merger of Ticketmaster and Live Nation. See, story titled "UK Clears Ticketmaster Live Nation Merger" in TLJ Daily E-Mail Alert No. 2,028, December 28, 2009. However, the Department of Justice's (DOJ) Antitrust Division is still sitting on this transaction, almost one year after it was announced.

1/8. The Department of Justice's (DOJ) Antitrust Division filed a Motion to Enforce the Final Judgment and Memorandum in Support with the District Court (DSC) in US v. CMLS. This is an antitrust action involving real estate brokers. One of the original allegations was that restrictions on out of area brokers blocks internet and technology based competition. See also, story titled "Antitrust Division Files Brief in US v. CMLS" in TLJ Daily E-Mail Alert No. 1,902, February 23, 2009. This case is U.S. v. Consolidated Multiple Listing Service, Inc., U.S. District Court for the District of South Carolina, D.C. No. 3:08-CV-01786-SB.

1/7. The Institute for Policy Innovation (IPI) released a short piece on the Free Press's letters to the U.S. antitrust regulators urging them to investigate TV Everywhere for illegal collusion. See, story titled "Free Press Asks DOJ and FTC to Investigate Alleged Collusion to Undermine Internet TV" in TLJ Daily E-Mail Alert No. 2,031, January 4, 2010. The IPI wrote that "Sensing an opportunity to deliver more content to more places and provide consumers with more freedom, content companies negotiated with distributors to enable not just TV Everywhere but also the many announced and planned competitors to the concept. Simply put, TV Everywhere and similar concepts are products that allow the consumer to choose the venue and timing for enjoying content that they've already paid for. What possible complaint could so-called consumer activists have with this clear benefit to consumers? That not everyone can get the content for which others have paid. That is, if you've paid for television programming then you can watch it anywhere, but those who didn't pay for it cannot have it for free."

1/11. The Social Security Administration (SSA) published a notice in the Federal Register that announces that it has fixed the price that it will pay "to non-Federal medical providers for their costs in supplying medical records through health IT in response to a request". See, Federal Register, January 11, 2010, Vol. 75, No. 6, at Pages 1446-1447.

1/8. Morris Davis filed a complaint [pages in PDF, redacted] in the U.S. District Court (DC) against James Billington, the Librarian of Congress, alleging wrongful termination of employment as Assistant Director at the Congressional Research Service because of an op-ed and a letter to the editor that he wrote for publication in the Wall Street Journal and the Washington Post. Davis, who is represented by the American Civil Liberties Union (ACLU), alleges violation of his First Amendment free speech rights, and his Fifth Amendment due process rights. See also, ACLU release.

1/7. The CTIA release a statement on Federal Communications Commission (FCC) Chairman Julius Genachowski's letters stating that the FCC will not meet the February 17, 2010, statutory deadline for completion of the document titled "National Broadband Plan".

1/7. The Commerce Department's (DOC) National Telecommunications and Information Administration (NTIA) and the U.S. Department of Agriculture's (USDA) Rural Utilities Service (RUS) announced an "online tool to facilitate partnerships among prospective applicants" for broadband grants and loans under the NTIA and RUS programs created in February of 2009 by HR 1. The web page is titled "Broadband Match". See also, NTIA release.

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Notices & Disclaimers
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The House will not meet.

The Senate will not meet.

8:45 AM - 1:30 PM. The American Enterprise Institute (AEI) will host a conference titled "Locating the Source of Taxable Income in a Global Economy". See, notice. Location: AEI.

10:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Privacy & Security Policy Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

Day one of a two day event hosted by the Public Knowledge (PK) titled "World Fair Use Day". The PK will webcast this event. See, event web site. Various locations.
 • 4:30 - 6:00 PM. Panel discussion titled "ACTA: The Global Treaty that Could Reshape the Internet". The speakers will include Rob Pegoraro (Washington Post), author of the November 15, 2009, article titled "Copyright overreach goes on world tour". Location: Google, 2nd floor, 1101 New York Ave., NW.
 • 6:00 - 7:00 PM. Event titled "Happy Hour". Location: Google.
 • 7:00 - 9:00 PM. Brett Gaylor will screen his film titled "RIP: A Remix Manifesto" and Kembrew McLeod will screen his film titled "Copyright Criminals". Both will then speak and answer questions. Location: Dewey & LeBoeuf, 1101 New York Ave., NW.

SUSPENDED. Extended deadline to file with the Federal Communications Commission (FCC) Form 323, the broadcast ownership report. See, notice of extension. See, December 23, 2009, order (DA 09-2618) suspending deadline while the FCC rewrites Form 323.

The House will hold a quorum call for the 111th Congress, 2nd Session, at 6:30 PM. See, Rep. Hoyer's schedule for the week of January 11.

The Senate will not meet.

8:00 AM - 5:00 PM. Day one of a two day closed meeting of the Defense Intelligence Agency (DIA) National Defense Intelligence College (NDIC) Board of Visitors. See, notice in the Federal Register, November 10, 2009, Vol. 74, No. 216, at Page 58005. Location: NDIC, Boling Air Force Base.

9:00 AM. The Federal Communications Commission's (FCC) Media Bureau (MB) will host an event titled "media ownership workshop" as part of its 2010 quadrennial review proceeding. The FCC stated in its notice that this event will address "how new media are affecting broadcasters, the lending and investment practices in traditional media, and how market size affects financial issues related to broadcasting". See also, January 5, 2010, release. This is MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Strategic Plan Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

1:00 - 4:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Nationwide Health Information Infrastructure Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. See, notice in the Federal Register: December 22, 2009, Vol. 74, No. 244, at Page 68071. Location: National Press Club, Ballroom, 529 14th St., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "How to Litigate a Patent Infringement Case". The speaker will be Patrick Coyne (Finnegan Henderson). 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) credit. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day two of a two day event hosted by the Public Knowledge (PK) titled "World Fair Use Day". See, event web site. The PK will webcast this event. Various locations.
 • 9:10 - 9:40 AM. Speech by Rep. Mike Doyle (D-PA). Location: Newseum, 555 Pennsylvania Ave., NW.
 • 9:45 - 11:00 AM. Panel titled "Artistic Innovations and Participatory Culture". Location: Newseum.
 • 11:05 AM - 12:20 PM. Panel titled "Emerging Media: Commentary, Criticism and the New Publishing". The speakers will be Lincoln Bandlow (Lathrop & Gage), Ian Shapira (Washington Post), Mike Masnick (TechDirt founder), Pat Aufderheide (American University's Center for Social Media), and David Bollier. Location: Newseum.
 • 12:30 - 1:15 PM. Lunch. The speakers will be Anthony Falzone (Stanford University law school) and Peter Jaszi (American University law school). Location: Newseum.
 • 1:20 - 2:30 PM. Panel titled "Tech Unbound: Fair Use for Innovation". The speakers will be Andrew McLaughlin (Executive Office of the President), Dan Reetz (DIY Book Scanner), Rakesh Agrawal (SnapStream), Michael Robertson, and Laurie Racine. Location: Newseum.
 • 2:50 - 4:00 PM. Panel titled "Speed Fair(Us)e". Location: Newseum.
 • 4:00 - 6:00 PM. Event titled "Happy Hour". Location: Capitol City Brewery, 2 Massachusetts Ave, NE.

The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for the week of January 11.

The Senate will not meet.

8:00 AM - 12:00 NOON. Day two of a two day closed meeting of the Defense Intelligence Agency (DIA) National Defense Intelligence College (NDIC) Board of Visitors. See, notice in the Federal Register, November 10, 2009, Vol. 74, No. 216, at Page 58005. Location: NDIC, Boling Air Force Base.

9:00 AM - 12:00 PM. The Cato Institute will host a program titled "The Obama Administration's Counterterrorism Policy at One Year". Among the many speakers will be Jim Harper (Cato) who focuses on policy related to information technologies, identification, and privacy. See, notice and registration page. This event is free and open to the public. The Cato Institute will webcast this event. Lunch will be served after the program. Location: Cato, 1000, Massachusetts Ave., NW.

10:00 AM - 12:00 NOON. The New America Foundation (NAF) will host a panel discussion titled "Does Broadband Boost Economic Development". The speakers will be Sacha Meinrath (NAF), Jed Kolko (Public Policy Institute of California), Joanne Hovis (Columbia Telecommunications Corporation), and Benjamin Lennett (NAF). This event is free and open to the public. See, notice and registration page. Location: NAF, 1899 L St., NW.

12:30 - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion titled "Fundamentals of Antitrust Exemptions and Immunities". The speakers will include Gregory Luib (FTC's Competition Bureau). The ABA will teleconference this event. This event is free and open to the public. See, notice.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its proposal to change its procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. See, notice in the Federal Register, December 14, 2009, Vol. 74, No. 238, at Pages 66097-66098.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of January 11.

The Senate will not meet.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion titled "Counseling Clients about the New FTC Rules for Use of Testimonials and Endorsements in Advertising". These rules include, among other things, disparate treatment of the speech of "bloggers" and "traditional media". See, story titled "FTC Makes Law Abridging the Freedom of Bloggers" in TLJ Daily E-Mail Alert No. 1,997, October 6, 2009. The ABA will teleconference and web cast this event. Prices vary. This event is open to the public. See, notice.

Day one of a two day event titled "House Democratic Caucus Issues Conference". See, 2010 House calendar.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [107 pages in PDF] that proposes to regulate the network management practices of broadband internet access service providers. The FCC titles this proceeding "In the Matter of Preserving the Open Internet Broadband Industry Practices". This NPRM is FCC 09-93 in GN Docket No. 09-191 and WC Docket No. 07-52. See, notice in the Federal Register, November 30, 2009, Vol. 74, No. 228, at Pages 62637-62662. See also, stories titled "FCC Adopts Internet Regulation NPRM", "Text of Proposed Internet Regulation Rules", "Statutory Authority and Ancillary Jurisdiction", "More Praise for the FCC's NPRM", "More Criticism of the FCC's NPRM", and "Sen. McCain Introduces Bill to Block FCC Regulation of Internet or IP-Enabled Services" in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009.

Rep. Hoyer's schedule for the week of January 11 states that "no votes are expected in the House".

The Senate will not meet.

12:00 NOON. Deadline to submit reply comments to the Office of the U.S. Trade Representative (OUSTR) regarding the operation, effectiveness, and implementation of, and compliance with, the telecommunications provisions of the World Trade Organization (WTO) General Agreement on Trade in Services, the North American Free Trade Agreement (NAFTA), free trade agreements (FTAs) with Australia, Bahrain, Chile, Morocco, Oman, Peru, and Singapore, and the Dominican Republic -- Central America -- U.S. Free Trade Agreement (CAFTA-DR). See, notice in the Federal Register, November 17, 2009, Vol. 74, No. 220, at Pages 59339-59340.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host a brown bag lunch titled "Privacy Issues in Cloud Computing and Net Neutrality". The speakers will be Genie Barton (US Telecom), Maureen Ohlhausen (Wilkinson Barker Knauer), and Christopher Wolf (Hogan & Hartson). For more information, contact Jenell Trigg at Strigg at Lermansenter dot com or 202-416-1090. Location: Hogan and Hartson, 555 13th St., NW.

Day two of a two day event titled "House Democratic Caucus Issues Conference". See, 2010 House calendar.

Deadline to submit comments to the Copyright Royalty Judges in response to their notice of proposed rulemaking regarding the rates for the satellite digital audio radio services' use of the ephemeral recordings statutory license under the Copyright Act, at 17 U.S.C. § 112(e) and 17 U.S.C. § 114, for the period 2007 through 2012. See, notice in the Federal Register, December 16, 2009, Vol. 74, No. 240, at Pages 66601-66602.

Birthday of Martin Luther King. This is a federal holiday. See, Office of Personnel Management's (OPM) web page titled "2010 Federal Holidays".

8:00 AM - 12:00 NOON. The American Bar Association's (ABA) Section of Antitrust Law will host a series of panel discussions on developments in antitrust law. At 8:00 - 9:30 AM there will be a panel comprised of Jonathan Leibowitz (FTC Chairman), Judge Douglas Ginsburg (U.S. Court of Appeals for the District of Columbia), and others. The ABA will teleconference and web cast this event. Prices vary. This event is open to the public. January 15 is the deadline to register. See, notice.

Monday, January 11.

The Judicial Conference of the United States' Advisory Committee on Rules of Criminal Procedure will hold a meeting. See, notice in the Federal Register, December 1, 2009, Vol. 229, No. 74, at Page 62821. Location: Atlanta, Georgia.

Wednesday, January 13.

5:00 PM. The Federal Communications Commission (FCC) will host the first in a series of events titled "public workshops for the FCC's open Internet proceeding". The speakers will be Ajay Agarwal (Bain Capital Ventures), Tim Berners-Lee (World Wide Web Consortium), David Clark (MIT), Jeffrey Glueck (Skyfire), Shane Greenstein (Northwestern University), Nabeel Hyatt (Conduit Labs), Susie Kim Riley (Camiant, Inc.), Paul Sagan (Akamai), Lynn St. Amour (Internet Society), Amy Tykeson (BendBroadband), Barbara van Schewick (Stanford Law School), Marcus Weldon (Alcatel-Lucent), Christopher Yoo (University of Pennsylvania Law School), Sharon Gillett (FCC Wireline Competition Bureau), and Paul de Sa (FCC Office of Strategic Planning and Policy Analysis). The FCC's release and release do not contain a proceeding title or number. The FCC has a proceeding titled "In the Matter of Preserving the Open Internet Broadband Industry Practices". The FCC adopted and released its Notice of Proposed Rulemaking (NPRM) [107 pages in PDF] on October 22, 2009. This NPRM is FCC 09-93 in GN Docket No. 09-191 and WC Docket No. 07-52. Initial comments are due by January 14, 2010. Reply comments are due by March 5, 2010. In this proceeding the FCC proposes to regulate the network management practices of broadband internet access service providers. See, story titled "FCC Adopts Internet Regulation NPRM" and related stories in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009. The FCC's release adds that this event "will address innovation, investment, and the open Internet". Location: Massachusetts Institute of Technology (MIT), Media Lab, Cambridge, MA.

Thursday, January 14.

9:00 AM - 5:15 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will host the third of five public workshops regarding amending the Horizontal Merger Guidelines (HMG). See, DOJ release, FTC list of questions, and FTC HMG Project web site. See also, stories titled "Antitrust Division and FTC May Amend Horizontal Merger Guidelines" in TLJ Daily E-Mail Alert No. 1987, September 23, 2009, and "DOJ's Shapiro Discusses Upcoming Revisions to Horizontal Merger Guidelines" in TLJ Daily E-Mail Alert No. 2,015, November 16, 2009. Location: Stanford University, Encina Hall, Bechtel Conference Room, 616 Serra Street, Stanford, California.

12:45 - 2:00 PM. Stanford University law school and the Stanford Intellectual Property Association will host a presentation titled "Lessons Learned in Three Decades as a Silicon Valley Patent Prosecutor". The speaker will be Ken Allen (Towsend). See, notice. Location: Stanford University, Palo Alto, California.

Friday, January 15.

11:00 AM. The House Foreign Affairs Committee (HFAC) will hold a hearing titled "The Impact of U.S. Export Controls on National Security, Science and Technological Leadership". The witnesses will include John Hennessey (President of Stanford University) and William Potter (Monterey Institute of International Studies). See, notice. Stanford University will webcast this event. Location: Stanford University, Palo Alto, California.

Day one of a five day conference of the American Library Association (ALA) titled "ALA 2010 Midwinter Meeting". See, notice. Location: Boston Convention and Exhibition Center, 415 Summer St., Boston, Massachusetts.