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March 19, 2010, Alert No. 2,059.
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House Commerce Committee Approves Radio Spectrum Inventory Act

3/10. The House Commerce Committee (HCC) amended and approved HR 3125 [LOC | WW], the "Radio Spectrum Inventory Act". See, amendment in the nature of a substitute [PDF], approved by voice vote.

Rep. Henry Waxman (D-CA), Rep. Rick Boucher (D-VA) and others introduced this bill on July 8, 2009. See, story titled "Representatives Introduce Spectrum Inventory Bill" in TLJ Daily E-Mail Alert No. 1,968, July 9, 2009.

The HCC's Subcommittee on Communications, Technology and the Internet (SCTI) held a hearing on December 15, 2009. The SCTI and amended and approved the bill on January 21, 2010. See, bill [PDF] as approved by the SCTI.

Rep. Waxman, the Chairman of the HCC, wrote in his prepared statement [PDF] for the March 10 markup that this bill "creates a process for the full inventory, mapping and accounting of current spectrum use by federal and non-federal users. It will inject transparency into the way our government and the private sector utilizes critical public resources".

Bill Summary. The bill, as amended on March 10, requires the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to "create an inventory of each radio spectrum band of frequencies listed in the United States Table of Frequency Allocations, from 225 megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz unless the NTIA and the Commission determine that the burden of expanding the inventory outweighs the benefit".

This inventory must include "the radio services authorized to operate in each band", "the identity of each Federal or non-Federal user", and "the activities, capabilities, functions, or missions (including whether such activities, capabilities, functions, or missions are spacebased, air-based, or ground-based) supported by the transmitters, end-user terminals or receivers, or other radio frequency devices authorized to operate". (Parentheses in original.)

The inventory must also include "the total amount of spectrum, by band of frequencies, assigned or licensed to each Federal or non-Federal user (in percentage terms and in sum) and the geographic areas covered by their respective assignments or licenses". (Parentheses in original.)

It must also include "the approximate number of transmitters, end-user terminals or receivers, or other radio frequency devices authorized to operate, as appropriate to characterize the extent of use of each radio service in each band of frequencies".

It must also include "an approximation of the extent to which each Federal or non-Federal user is using, by geography, each band of frequencies, such as the amount and percentage of time of use, number of end users, or other measures as appropriate to the particular band and radio service".

It must also include contour maps and certain other information.

The bill creates exceptions for certain spectrum bands.

First, where the head of a federal agency user has made a determination that disclosure would "reveal classified national security information or other information for which there is a legal basis for nondisclosure and such public disclosure would be detrimental to national security, homeland security, or public safety", it is exempt. That agency determination is final.

Second, the bill also provides that a licensee of non-federal spectrum may petition for non-disclosure. However, it bears the burden of justifying by clear and convincing evidence that it is entitled to an exemption. The decision would be made by the NTIA and FCC.

Also, the bill requires the NTIA and FCC to consult with the Executive Office of the President's (EOP) National Security Council (NSC).

The bill also requires the NTIA and FCC to submit a report to the Congress "containing a recommendation of which spectrum, if any, should be reallocated or otherwise made available for shared access and an explanation of the basis for that recommendation".

The related bill in the Senate is S 649 [LOC | WW], also titled the "Radio Spectrum Inventory Act". See, related story in this issue titled "Senate Commerce Committee Reports Radio Spectrum Inventory Act".

Senate Commerce Committee Reports Radio Spectrum Inventory Act

3/9. The Senate Commerce Committee (SCC) reported S 649 [LOC | WW], the "Radio Spectrum Inventory Act". See, Senate Report No. 111-159.

Sen. John Kerry (D-MA) introduced this bill on March 19, 2009. It now has a total of nine cosponsors. The SCC amended and approved this bill on July 8, 2009. The SCC issued its report on March 9, 2010.

Bill Summary. S 649 requires the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to "Conduct a report that includes an inventory of each radio spectrum band, at a minimum, from 300 Megahertz to 3.5 Gigahertz, managed by each such agency".

This report "shall include ... the licenses or government user assigned in the band", "the total spectrum allocation, by band, of each licensee or government user (in percentage terms and in sum)", "the number of intentional radiators and end-user intentional radiators that have been deployed in the band with each license or government user", and if such information is available -- (i) the type of intentional radiators operating in the band; (ii) the type of unlicensed intentional radiators authorized to operate in the band; (iii) contour maps that illustrate signal coverage and strength; and (iv) the approximate geo-location of base stations or fixed transmitters".

S 649 provides the following national security exemption. "A licensee or government user of spectrum may petition the Commission or the National Telecommunications and Information Administration for a partial or total exemption from inclusion on the website and in the report required by subsection (a). Such an exemption may be granted only to the extent that each such agency determines that disclosure of such information would be harmful to the national security of the United States. The licensee or government user seeking an exemption under this subsection bears the burden of justifying the exemption and shall provide clear and convincing evidence to support such an exemption. Any such exemption shall apply only for 2 years and shall expire upon the end of such 2-year period unless the licensee or government user seeks and obtains an extension in accordance with this subsection. Any information that is excluded from public disclosure pursuant to this subsection shall still be compiled and reported to the Committees of Congress described in subsection (a)(4) on a confidential basis.".

Comparison of House and Senate Bills. S 649 is shorter and simpler than the House bill, HR 3125 [LOC | WW], also titled the "Radio Spectrum Inventory Act". See, related story in this issue titled "House Commerce Committee Approves Radio Spectrum Inventory Act".

The House bill potentially covers more spectrum -- up to 10 GHz. The House bill requires more detailed information to be included in the inventory.

However, the House bill provides for broader exemptions. The House bill's federal spectrum exemption applies to national security, homeland security, and public safety. The Senate bill refers only to national security. The House bill allows federal users to claim exemptions, based solely upon their own determinations, while the Senate bills leaves final decisions to the NTIA and FCC.

House Commerce Committee Approves Spectrum Relocation Improvement Act

3/10. The House Commerce Committee (HCC) approved, without amendment, HR 3019 [LOC | WW], the "Spectrum Relocation Improvement Act of 2009", by voice vote. However, this bill is likely to be revised before being considered by the full House.

Rep. Jay Inslee (D-WA) introduced this bill on June 24, 2009. The HCC's Subcommittee on Communications, Technology, and the Internet (SCTI) held a hearing on December 15, 2009. The SCTI approved the bill without amendment on January 21, 2010. The bill has bipartisan support.

Rep. Rick Boucher (D-VA), the Chairman of the SCTI, stated at the meeting that this bill "would address an urgent need which was brought to light after the FCC auctioned the advanced wireless services spectrum in 2006. While that spectrum was auctioned more than 3 years ago, the winners of the commercial licenses still do not have full use of the spectrum because it has not been fully cleared of the government users." See, meeting transcript [PDF].

Rep. Rick BoucherRep. Boucher (at right) explained that HR 3109 "would hasten the process of clearing federal users from spectrum that the government has reallocated for commercial uses. It would require the NTIA to publish the transition plan of each federal entity to be relocated after a spectrum auction. It would also clarify the steps that the federal spectrum users must take to receive payment for their relocation costs from the spectrum relocation fund."

Rep. Henry Waxman (D-CA), the Chairman of the HCC, wrote in his opening statement [PDF] that "the Administration has identified several issues of concern. I am committed to working closely with the Administration and members of this Committee to address these concerns prior to floor consideration. Specifically, we will need to address whether the agencies have adequate resources to plan properly for relocation once suitable spectrum has been identified."

"In addition, we need to consider whether the agencies have the ability to upgrade their capabilities as part of a relocation process. It would not make sense to require agencies performing critical government functions to be saddled with outdated or inefficient technology", said Rep. Waxman.

"Finally, we need to improve the so-called "early entry" process to ensure that auction winners and the agencies have more certainty regarding timing and process. We need to allow companies access to purchased spectrum as quickly as possible, but we also need to allow federal agencies clear guidelines as to what we expect from them."

House Commerce Committee Approves Truth in Caller ID Act

3/10. The House Commerce Committee (HCC) amended and approved HR 1258 [LOC | WW], the "Truth In Caller ID Act Of 2010", by voice vote. See, amendment in the nature of a substitute [4 pages in PDF].

The bill does not require truth in caller ID information. Callers would remain free to block caller ID information. Callers would remain free to transmit false caller ID information, provided it is not with intent to defraud. And, law enforcement and intelligence agencies would remain free to do whatever they choose with caller ID information.

Overview of Pending Bills. Rep. Eliot Engel (D-NY) and Rep. Joe Barton (R-TX) introduced this bill on March 3, 2009. The HCC's Subcommittee on Communications, Technology, and the Internet (SCTI) marked up HR 1258 on October 8, 2009. See, bill [4 pages in PDF] as adopted by the Subcommittee, and story titled "House Communications Subcommittee Approves Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009.

The companion bill to HR 1258 in the Senate is S 30 [LOC | WW], also titled the "Truth in Caller ID Act of 2009". Sen. Bill Nelson (D-FL) introduced it on January 7, 2009. The Senate Commerce Committee (SCC) amended and approved it on November 2, 2009. The full Senate amended and approved it on February 23, 2010.

These two Commerce Committee bills are different. However, both deal with caller ID spoofing by amending the Communications Act.

There is also a House bill that would address the same problem by amending the Criminal Code.

Rep. Bobby Scott (D-NC) introduced HR 1110 [LOC | WW], the "Preventing Harassment through Outbound Number Enforcement Act of 2009", or "PHONE Act", on February 23, 2009. It was referred to the House Judiciary Committee (HJC), which amended and approved it on October 7, 2009. See, House Report No. 111-321. The full House passed it on December 16, 2009. See, story titled "House Passes PHONE Act" in TLJ Daily E-Mail Alert No. 2,025, December 18, 2009.

Summary of HR 1258. HR 1258, as approved by the HCC on March 10, would amend 47 U.S.C. 227 to provide that "It shall be unlawful for any person within the United States, in connection with any real time voice communications service, regardless of the technology or network utilized, to cause any caller ID service to transmit misleading or inaccurate caller ID information, with the intent to defraud or deceive".

In addition, the bill provides that it does not "prevent or restrict any person from blocking the capability of any caller ID service to transmit caller ID information".

That is, the bill does not make caller ID spoofing illegal. It only reaches spoofing that is also done with intent to defraud or deceive.

Rep. Henry Waxman (D-CA) explained in his opening statement [PDF] that "This legislation recognizes that there are legitimate business services that change caller ID information and directs the FCC to implement rules in a fashion that allows such services to continue, while making fraudulent and deceptive caller ID manipulation unlawful."

Also, there is an exception for any authorized "investigative, protective, or intelligence activity of a law enforcement agency", federal, state or local, any U.S. intelligence agency, and any activity authorized under 18 U.S.C. 3521-3528, which pertains to protection of witnesses.

The bill directs the Federal Communications Commission (FCC) to write implementing regulations.

Robocalls. The bill also directs the FCC to use this rulemaking proceeding to examine its regulations regarding restrictions on the use of automated telephone equipment.

The bill directs the FCC to determine whether its regulations "should be revised to require calls that are not made for a commercial purpose to residential telephone lines using an artificial or prerecorded voice to deliver a message to transmit caller ID information that is not misleading or inaccurate".

The bill does not reference any section of the Code of Federal Regulations, any FCC order, or any FCC proceeding.

However, the FCC adopted a Notice of Proposed Rulemaking (NPRM) on January 20, 2010, that contains draft rules. The FCC released the text [37 pages in PDF] of this NPRM on January 22, 2010. This NPRM is FCC 10-08 in CG Docket No. 02-278. See also, story titled "FCC Adopts NPRM Regarding Limiting Some Robocalls" in TLJ Daily E-Mail Alert No. 2,037, January 20, 2010.

Caller ID Bills in Prior Congresses. Finally, it should be noted that the Congress worked on the problem of caller ID spoofing in the 109th and 110th Congresses, without enacting a statute.

For the 110th Congress, see S 704 [LOC | WW] the "Truth in Caller ID Act of 2007", and HR 251 [LOC | WW], also titled the "Truth in Caller ID Act of 2007". See also, stories titled "Senate Commerce Committee Approves Caller ID Bill" in TLJ Daily E-Mail Alert No. 1,604, June 29, 2007, and "House Approves Caller ID Spoofing Bill" in TLJ Daily E-Mail Alert No. 1,594, June 13, 2007. The full House passed its bill, HR 251. The Senate did not pass the House bill. The SCC, but not the full Senate, approved S 704.

For the 109th Congress, see HR 5126, the "Truth in Caller ID Act of 2006", which the House, but not the Senate, passed.

In This Issue
This issue contains the following items:
  House Commerce Committee Approves Radio Spectrum Inventory Act
  Senate Commerce Committee Reports Radio Spectrum Inventory Act
  House Commerce Committee Approves Spectrum Relocation Improvement Act
  House Commerce Committee Approves Truth in Caller ID Act
  President Obama Addresses Export Policy
Washington Tech Calendar
New items are highlighted in red.
Friday, March 19

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of March 15.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Pages 9898-9899. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit to the Federal Communications Commission (FCC) replies to statements in support of or in opposition to the petition for rulemaking [22 pages in PDF] submitted by the California Public Utilities Commission (CPUC) regarding direct access to the FCC's Network Outage Reporting System (NORS). See, notice in the Federal Register, February 9, 2010, Vol. 75, No. 26, at Pages 6339-6340. This proceeding is RM-11588 and ET Docket No. 04-35.

Monday, March 22

9:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Pages 9899-9900. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 2:00 PM. The DC Bar Association will host an event titled "State Secrets Privilege". The speakers will be Judge Royce Lambeth (USDC/DC), Arthur Spitzer (ACLU), Stephen Vladeck (American University law school), and Edwin Huddleston. See also, stories titled "Holder Issues Memorandum on State Secrets Privilege" in TLJ Daily E-Mail Alert No. 1,988, September 24, 2009, and "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009. The price to attend is $20. 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.

5:30 PM. The House Judiciary Committee (HJC) will hold a hearing titled "Design Patents and Auto Replacement Parts". See, notice. Location: Room 2141, Rayburn Building.

Tuesday, March 23

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "NIST Structure and Authorities, Its Role in Technical Standards, and Federal Coordination on Technical Standards". The HSC will webcast this event. Location: Room 2318, Rayburn Building.

1:00 PM. The Securities and Exchange Commission (SEC) will host a public seminar on eXtensible Business Reporting Language (XBRL), which enables interactive data. See, notice. Location: SEC, 100 F St., NE.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Reviewing the National Broadband Plan". See, FCC staff report [376 pages in PDF] titled "A National Broadband Plan for Our Future" and story titled "FCC Releases National Broadband Plan" in TLJ Daily E-Mail Alert No. 2,058, March 15, 2010. Location: Room 253, Russell Building.

Wednesday, March 24

8:00 - 9:00 AM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host an event titled "Coffee and Croissants with London Data Privacy Partner, Cynthia O'Donoghue". Register with Desiree Logan at dlogan at reedsmith dot com or 202-414-9318. Location: Reed Smith, East Tower, 1301 K St., NW.

8:30 AM - 5:00 PM. Day one of a two day meeting of the Department of the Interior's (DOI) U.S. Geological Survey's (USGS) National Geospatial Advisory Committee (NGAC). See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10309. Location: One Washington Circle Hotel, 1 Washington Circle, NW.

9:00 AM - 4:00 PM. The Office of the National Coordinator for Health Information Technology's HIT Policy Committee will meet. See, notice in the Federal Register, February 26, 2010, Vol. 75, No. 38, at Pages 8954-8955. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

10:00 AM. The House Ways and Means Committee (HWMC) will hold a hearing titled "China's Exchange Rate Policy". The HWMC will webcast this event. See, notice. Location: Room 1100, Longworth Building.

10:30 AM - 12:30 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "Supporting Innovation in the 21st Century Economy". The witnesses will include Aneesh Chopra (EOP's Office of Science and Technology Policy), Rob Atkinson (Information Technology and Innovation Foundation), Dan Breznitz (Georgia Tech University), and Paul Holland (Foundation Capital). The HSC will webcast this event. Location: Room 2318, Rayburn Building.

2:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, February 5, 2010, Vol. 75, No. 24, at Pages 6031-6032. Location: FCC, Commission Meeting Room, 445 12th St., SW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Goodwin Liu to be a Judge of the U.S. Court of Appeals (9thCir). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Simon Anderson (University of Virginia Department of Economics). His research focuses on advertising, search and information. For more information, contact Loren Smith lsmith2 at ftc dot gov or Tammy John tjohn at ftc dot gov. Location: FTC, Conference Center, 601 New Jersey Ave., NW.

5:00 PM. Deadline to submit comments to the Executive Office of the President's (EOP) Office of Management and Budget's (OMB) Intellectual Property Enforcement Coordinator regarding coordination of federal efforts to enforce intellectual property rights. See, notice in the Federal Register, February 23, 2010, Vol. 75, No. 35, at Page 8137-8139.

TIME? The U.S.-China Economic and Security Review Commission will hold a hearing titled "China's Industrial Policy and its Pillar Industries". This event is open to the public. Location: Room 236, Russell Building, Capitol Hill.

Thursday, April 1

9:00 AM - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10328. Location: NSF, RM 375, 4201 Wilson Boulevard, Arlington, VA.

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) HIT Standards Committee's Privacy & Security Workgroup will meet by webcast. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Page 12753.

Friday, April 2

Good Friday.

9:00 AM - 3:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10328. Location: NSF, RM 375, 4201 Wilson Boulevard, Arlington, VA.

9:30 - 11:00 AM. The New America Foundation (NAF) will host a panel discussion titled "Can You Hear Me Now? Why Your Cell Phone is So Terrible". This event is free and open to the public. See, notice and registration page. Location: NAF, 1899 L St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7628 [305 pages in PDF] titled "Smart Grid Cyber Security Strategy and Requirements".

President Obama Addresses Export Policy

3/11. President Obama signed an executive order titled "National Export Initiative". In addition, the White House news office issued a release on the same subject.

This order states that the U.S. will work to "remove trade barriers abroad". It says nothing about removing U.S. trade barriers to imports from abroad. Neither the executive order nor the release announce support for Congressional approval of the already concluded free trade agreements with Korea, Colombia and Panama. Nor do they announce any new bilateral free trade negotiations.

This order states that the Office of the U.S. Trade Representative (OUSTR) "shall take steps to improve market access overseas for our manufacturers, farmers, and service providers by actively opening new markets, reducing significant trade barriers, and robustly enforcing our trade agreements".

The order creates a "Export Promotion Cabinet", made up of the heads of a large number of executive branch entities. The release announces the "relaunch" of the "President's Export Council", a body made up of private sector representatives.

The release also addresses U.S. imposed barriers to the export from the U.S. of encryption based products.

It states that "Currently, a U.S. exporter of a product with encryption capabilities (e.g., a cell phone or a network storage system) needs to file with the Department of Commerce for a technical review of the product before they can export. The review can take between 30-60 days. There are over 3,300 such filings each year." (Parentheses in original.)

It continues that a "proposed rule is intended to replace the current review-and-wait process with a more efficient one-time notification notification-and-ship process which may eliminate up to 85 percent of all the technical reviews of these products (about 2,800)." (Parentheses in original.)

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