3/26. Sen. John Rockefeller (D-WV) introduced S 3186 [LOC | WW], the "Satellite Television Extension Act of 2010", on March 25, 2010. The Senate passed it without amendment or a roll call vote on March 25. The House passed it without amendment or a roll call vote on March 25. President Obama signed the bill into law on March 26. See, White House news office release.

This short Act provides yet another brief extension to the compulsory copyright licenses governing the retransmission of distant television signals by cable and satellite television operators.

On December 19, 2009, President Obama signed HR 3326 [LOC | WW], "Department of Defense Appropriations Act, 2010", which provided the first extension, for two months, through February 28, 2010.

On March 2, President Obama signed HR 4691 [LOC | WW], the "Temporary Extension Act of 2010", which provided the second extension, from February 28 to March 28. See also, story titled "House and Senate Provide One Month Satellite Television Extension" in TLJ Daily E-Mail Alert No. 2,054, March 3, 2010.

The just signed S 3186 provides a third extension, from March 28 to April 30.

Also on March 26, 2010, Sen. Kay Hutchison (R-TX) introduced S 3191 [LOC | WW], the "Satellite Television Extension and Localism Act of 2010". This bill contains a ten year renewal of satellite licenses. It also reauthorizes and revises the Satellite Home Viewer Extension and Reauthorization Act of 2004.

The Senate passed S  3191 without debate, without amendment, and by unanimous consent. The Senate then went on recess, as did the House.

The House has not passed this bill. However, on December 3, 2009, the House passed HR 3570 [LOC | WW], the "Satellite Home Viewer Reauthorization Act of 2009", by a vote of 394 to 11. See, Roll Call No. 930 and story titled "House Passes Satellite Home Viewer Reauthorization Act" in TLJ Daily E-Mail Alert No. 2,021, December 8, 2009. It contains a five year renewal of licenses.

See also, S 2764 [LOC | WW], the "Satellite Television Extension and Localism Act of 2009", sponsored by Sen. Jay Rockefeller (D-WV), and S 1670 [LOC | WW], the "Satellite Television Modernization Act of 2009", sponsored by Sen. Patrick Leahy (D-VT).

3/15. Sen. Amy Klobuchar (D-MN), Sen. Kirsten Gillibrand (D-NY), and Sen. Mark Begich (D-AK), introduced S 3110 [LOC | WW], the "Broadband Service Consumer Protection Act". This bill would give the FCC authority to regulate the marketing and billing practices of broadband service providers, and mandate a rulemaking proceeding.

Sen. Klobuchar issued a release that states that "Currently, there is no industry-wide standard terminology or method to assess broadband speed, and in many cases, internet services are marketed and sold at one level of performance, but received at another, lesser level. According to the FCC, the actual broadband speed consumers experience lags the advertised speed by as much as 50 percent to 80 percent. For example, a consumer may be paying for speeds ``up to´´ 12 Mbps (Megabits per second) but only getting 6 Mbps in actual use." (Parentheses in original.)

This bill would give the Federal Communications Commission (FCC) certain enumerated powers to regulate any "broadband service provider", or BSP. This bill does not define BSP. The bill does not state where in the U.S. Code this bill would be codified. This bill does not even state whether or not it amends the Communications Act.

This bill would give the Federal Communications Commission (FCC) authority:

• to "establish standard definitions for terms commonly used in the advertising and marketing of broadband service",
• to require that BSPs use these terms consistently with these definitions,
• to set "technical standards for quantifying broadband service measures of performance and other features",
• to require BSPs to apply these standards,
• to require BSPs and anyone else selling broadband service to "disclose the actual speeds of the broadband service" in advertising materials, service contracts, and web sites, and
• to regulate the content of bills sent to customers by BSPs.

This bill further provides that the FCC "shall initiate a rulemaking proceeding ... to assist consumers ... in making realistic assumptions about the actual speeds that may reasonably be expected ..." and "in monitoring their usage and determining whether they are getting the level of broadband service for which they are paying".

The bill also states that it does not preempt the laws of any state or local government.

This bill was referred to the Senate Commerce Committee (SCC).

3/15. Sen. Ron Wyden (D-OR), and Sen. Olympia Snowe (R-ME) introduced S 3117 [LOC | WW], the "Promote Nanotechnology in Schools Act".

This bill would require the National Science Foundation (NSF) to "establish a nanotechnology in the schools program to strengthen the capacity of eligible institutions to provide instruction in nanotechnology". It would also authorize appropriations for these grants.

Much of the money would go towards the purchase of nanotechnology equipment, which the bill requires to be made in the U.S.

Sen. Wyden (at right) stated in the Senate that "If high school and college students are not exposed to nanotechnology, this emerging field will not be able to reach its full potential. Without a qualified workforce that will allow nanotech companies in this country to scale-up, foreign competitors will be able to fill the vacuum in the global marketplace." See, Congressional Record, March 15, 2010, at Pages S1528-9.

He also said that this bill will "protect the U.S.'s position".

Bill Summary. The bill provides that the NSF shall award grants to "eligible institutions" "to acquire qualified nanotechnology equipment and software designed for teaching students about nanotechnology in the classroom".

It also provides grant funding for "educational services", educating teachers in the use nanotechnology in the classroom, and maintaining nanotechnology equipment.

The bill defines "eligible institutions" very broadly to include a "public, private, parochial, or charter secondary school that offers 1 or more advanced placement science courses", a community college, a two or four year "institution of higher education", and an "informal learning science and technology center".

The bill authorizes the appropriation of $15,000,000 for fiscal year 2010, and more for later years. It also provides that no individual grant may exceed $400,000.

Protectionism. The bill also indulges in trade protectionism. It defines "qualified nanotechnology equipment" as "equipment, instrumentation, or hardware ... manufactured in the United States at least 50 percent from articles, materials, or supplies that are mined, produced, or manufactured, as the case may be, in the United States".

Non-technology related companies, groups, and collective bargaining units are more prone to making protectionist demands upon the government than their tech counterparts. However, this is a technology related bill, sponsored by a Senator with a pro-technology record, that includes a made in America protectionist clause.

It was referred to the Senate Health, Education, Labor, and Pensions Committee.

3/5. Sen. Amy Klobuchar (D-MN) and others introduced S 3084 [LOC | WW], the "Export Promotion Act of 2010".

The bill would require that the Department of Commerce (DOC), for the next five years, "shall increase the number of full time departmental employees whose primary responsibilities involve promoting or facilitating participation by United States businesses in the global marketplace" to a number equal to that during the middle of the Bush administration.

This bill also would revise the National Institute of Standards and Technology's (NIST) Hollings Manufacturing Extension Partnership Program to require that the NIST "shall encourage the submission of applications for projects that have significant potential for increasing the competitiveness of small and medium-sized United States manufacturers in the global marketplace and may give a preference to applications for such projects".

The bill would also revise the NIST's Technology Innovation Program to provide that the NIST "may take into consideration whether an application has significant potential for enhancing the competitiveness of small and medium-sized United States manufacturers in the global marketplace, including promoting interstate commerce in the United States and increasing participation by United States businesses in the global marketplace".

3/25. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of S 3111 [LOC | WW], the "Faster FOIA Act of 2010", a bill to create a powerless commission that would write a toothless report on why federal officials do not comply with the federal Freedom of Information Act (FOIA). The FOIA is codified at 5 U.S.C. § 552.

3/25. Rep. Suzanne Kosmas (D-FL) introduced HR 4955 [LOC | WW], a bill regarding grants for undergraduate science, technology, engineering and mathematics (STEM) education.

3/25. Rep. Gabrielle Giffords (D-AZ) HR 4968 [LOC | WW] a bill regarding grants for masters and doctoral level science, technology, engineering and mathematics (STEM) education.

3/24. The Senate Commerce Committee (SCC) amended and approved S 2881 [LOC | WW], the "FCC Commissioners' Technical Resource Enhancement Act". See, SCC release. See also, story titled "Senate Commerce Committee to Mark Up Bill to Give FCC Commissioners More Staff" in TLJ Daily E-Mail Alert No. 2,060, March 20, 2010.

3/27. President Obama resorted to the practice of making recess appointments. On Saturday, March 27, 2010, he announced his intent to make 15 recess appointments. The Senate is on recess for two weeks.

The Constitution gives the President the authority to make recess appointments. It provides that "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."

These recess appointments will terminate with the new Congress in January of 2011. If the Senate were to confirm the nominees, then they would serve at the pleasure of the President, which could be until January of 2017.

The Constitutional purpose is to fill vacancies that may happen during a Senate recess. Recesses were much longer in legislative bodies in the late 18th Century when this clause was drafted. Both Presidents Clinton and Bush also resorted to the practice. Although, Clinton, Bush, and now Obama, have all used the process to evade the Senate confirmation process, rather than to serve the Constitutional process. That is, recent Presidents in both parties have abused their authority.

It should also be noted that many of these recess appointments have been for technology related positions. Clinton gave a recess appointment to former Federal Communications Commission (FCC) Commissioner Susan Ness in December of 2000. President Bush gave a recess appointment to Michael Gallagher to be head of the National Telecommunications and Information Administration (NTIA) during the July 4, 2004 recess. This followed Senate delay after Nancy Victory's ethics related resignation. However, a Republican Senator had placed a hold on the nomination because of a dispute with the President that had nothing to do with either Victory, Gallagher or the NTIA.

Six of Obama's just announced recess appointments are for positions at technology related agencies: two are for positions at the Department of the Treasury (DOT), and four are for trade related positions at the Department of Commerce (DOC) and Office of the U.S. Trade Representative (OUSTR).

Of these, four were approved by the Committee with jurisdiction in late December of 2009, just before the long session end recess. Two had confirmation hearings on March 2, 2010, but have not yet received a Committee vote. For one of these two, the Committee is waiting for answers to questions about "his prior work at a private equity firm that used offshore blocker corporations in the Cayman Islands to avoid U.S. taxes".

See, related stories in this issue:

• "Obama Gives Recess Appointment to Punke for OUSTR/WTO Post"
• "Obama Gives Recess Appointment to Hirschhorn to Head BIS"
• "Obama Gives Recess Appointment to Mundaca for Tax Policy Position"
• "Obama Gives Recess Appointment to Goldstein for Treasury Position"
• "Obama Gives Recess Appointment to Siddiqui for OUSTR Position"

Recess appointments of federal judges are rare. None of the just announced appointments are for judgeships. However, former President Clinton gave a recess appointment in December of 2000 to Roger Gregory to serve on the U.S. Court of Appeals (4thCir). President Bush later nominated Gregory, and the Senate confirmed him in 2001. President Bush gave recess appointments to Judge William Pryor to serve on the U.S. Court of Appeals (11thCir) in February of 2004, and Judge Charles Pickering to serve on the U.S. Court of Appeals (5thCir).

Judges are appointed for life, and are expected to serve for decades. A judicial recess appointment provides only a small fraction of the intended term. In contrast, most executive branch appointees serve only a few years. A recess appointment can account for a significant percentage of the intended term of service.

Recess appointments derive from an abuse of power. But, for the same reason, they can also add to the prestige and authority of the appointees. That a President was willing to abuse his authority to obtain the appointment suggests some special relationship between the appointee and the President. Some recess appointees flaunt this once in office.

President Obama issued a release that blamed "Republican obstruction". Yet, most recipients of recess appointments have not received any roll call vote, which renders blame assignment non-empirical. Moreover, historically, Presidents' problems in obtaining confirmations have resulted in part from opposition from, or the vote trading strategies of, members of their own party.

Sen. Charles Grassley (R-IA), whose efforts to delay confirmations has led Republican and Democratic Presidents alike to make recess appointments, complained about these latest appointments. He wrote in a release that "A lot of presidents have used recess appointments, but it shows a lot of disregard for the Senate's advise-and-consent role to bypass not just the full Senate, but also the committee of jurisdiction that was in the middle of vetting the nominees in its jurisdiction."

He added that "Now that the vetting process has been interrupted, these individuals will take their jobs without the public knowing whether they have experience that bears negatively (or positively) on their ability to serve the taxpayers. Also, the President should be more precise in his claims of Republican obstructionism. Finance Committee vetting is bipartisan.  Beyond that, senators have every right to draw attention to an issue of concern by highlighting a nominee." (Parentheses in original.)

3/27. President Obama announced his intent to give a recess appointment to Michael Punke, his nominee to be Deputy Trade Representative -- Geneva in the Office of the U.S. Trade Representative (OUSTR). See, White House news office release release.

That is, he is now the U.S. representative to the World Trade Organization (WTO).

President Obama announced his intent to nominate Punke on September 3, 2009. The Senate Finance Committee (SFC) approved his nomination on December 23, 2009. See, Congressional Record, December 23, 2009, at Page S13882.

He is a Montanan, as is Sen. Max Baucus (D-MT), Chairman of the SFC. He worked in the OUSTR during the Clinton administration on intellectual property and other issues. Before that, he was counsel to Sen. Baucus. He has also worked for the law firm of Mayer Brown.

Ron Kirk, head of the OUSTR, praised this recess appointment. The OUSTR issued a release that states that "Punke also will serve as U.S. Ambassador and Permanent Representative to the World Trade Organization (WTO)".

Kirk stated in this release that "Michael Punke will be a valuable asset as WTO Ambassador as USTR works to conclude a balanced and ambitious Doha Round of trade negotiations that will benefit American workers, farmers, ranchers, manufacturers, and service providers. Michael will also work on behalf of American businesses and entrepreneurs at the WTO -- helping USTR to remove trade barriers, increase exports, and support well-paying jobs here at home."

Punke is also the author of the book titled "The Revenant: A Novel of Revenge" (Amazon sales rank 3,074,427 for books), the book titled "Last Stand: George Bird Grinnell, the Battle to Save the Buffalo, and the Birth of the New West" (Amazon sales rank 796,511 for books), and the book titled "Fire and Brimstone: The North Butte Mining Disaster of 1917" (Amazon sales rank 563,341 for books).

3/27. President Obama announced his intent to give a recess appointment to Eric Hirschhorn, his nominee to be Under Secretary of Commerce for Export Administration, and head of the Bureau of Industry and Security (BIS). See, White House news office release release.

The BIS regulates exports, including dual use products, such as computers, software, and communications and encryption products.

President Obama nominated him in September of 2009. The Senate Banking Committee (SBC) approved his nomination on December 17, 2009. See, SBC release and Congressional Record, December 17, 2009, at Page S13382.

Hirschhorn is a a partner in the Washington DC office of the law firm of Winston & Strawn. He was Deputy Assistant Secretary for Export Administration in the administration of former President Jimmy Carter.

3/27. President Obama announced his intent to give a recess appointment to Michael Mundaca, his nominee to be Assistant Secretary for Tax Policy at the Department of the Treasury (DOT). See, White House news office release release.

President Obama nominated him in October of 2009. The Senate Finance Committee (SFC) approved his nomination on December 23, 2009. See, Congressional Record, December 23, 2009, at Page S13882.

The person who holds this position, at least nominally, is responsible for formulating policy with respect to taxation that affects technology and innovation. However, in recent years many of the activities of this position have been directed by other persons in the DOT or the Executive Office of the President (EOP).

Mundaca is currently is Senior Advisor for Policy within the DOT's Office of Tax Policy and the acting Assistant Secretary for Tax Policy. He also worked in Ernst & Young's National Tax Department's International Tax Services group. Before that, he worked in the DOT during the Clinton administration. He held, among other positions, the DOT's Senior Advisor on Electronic Commerce. And before that, he worked in the New York office of the law firm of Sullivan & Cromwell.

He is also an adjunct professor at Georgetown University's law school.

3/27. President Obama announced his intent to give a recess appointment to Jeffrey Goldstein, his nominee to be Under Secretary for Domestic Finance at the Department of the Treasury (DOT). See, White House news office release release.

He is currently a Counselor to the Secretary of the Treasury. Before that, he was a Managing Director of Hellman & Friedman LLC, a private equity investment firm.

President Obama nominated Goldstein in July of 2009. The Senate Finance Committee (SFC) held a hearing on his nomination on March 2, 2010. The SFC has yet to approve the nomination.

Sen. Charles Grassley (R-IA) wrote in his prepared testimony on March 2 that Goldstein's "position as managing director of the private equity firm was of particular interest to me because of its offshore investments. The President campaigned against businesses operating offshore. This committee has held hearings on the use of offshore blocker corporations. We learned that the more than 12,000 businesses located at the Ugland House in the Cayman Islands had no purpose for being there other than tax avoidance. Similarly, the private equity firm of which Mr. Goldstein was a managing director set up blocker corporations at the Walker House, which appears to be down the street and around the corner from the Ugland House".

Sen. Grassley wrote in a release on March 27 that Goldstein was still "undergoing the Finance Committee's vetting process" and "was answering my final questions about his prior work at a private equity firm that used offshore blocker corporations in the Cayman Islands to avoid U.S. taxes".

3/27. President Obama announced his intent to give a recess appointment to Islam Siddiqui, his nominee to be Chief Agricultural Negotiator at the Office of the U.S. Trade Representative (OUSTR). See, White House news office release release.

President Obama nominated him in September of 2009. The Senate Finance Committee (SFC) approved his nomination on December 23, 2009. See, Congressional Record, December 23, 2009, at Page S13882.

He is now VP for Science and Regulatory Affairs at CropLife America. He held several agriculture and trade related positions during the Clinton administration.

Ron Kirk, head of the OUSTR, praised this recess appointment. He stated in a release that states that "He brings to this office incredible agricultural expertise built over years of work in both the government and private sector, and can be counted on to stand up for American farmers, ranchers, and families in all our negotiations -- from the Doha round talks to bilateral discussions. If we want to double American exports in the next five years, we have to seize every opportunity to grow agricultural exports, as well as exports of goods and services. Isi is going to make sure we don't leave any of those opportunities on the table."

3/27. President Obama announced his intent to give a recess appointment to Frank Sánchez, his nominee to be Under Secretary for International Trade at the Department of Commerce (DOC). See, White House news office release release. He is currently a Senior Advisor to Commerce Secretary Gary Locke on international trade issues. Before that, he worked on the Obama Presidential election campaign. He also held various positions during the Clinton administration. The Senate Finance Committee (SFC) held a hearing on his nomination on March 2, 2010. The SFC has yet to approve the nomination.

3/25. Howard Scheck was named Chief Accountant of the Securities and Exchange Commission's (SEC) Division of Enforcement. He previously worked in the Forensic & Dispute Consulting practice of Deloitte Financial Advisory Services'. See, SEC release.

3/25. President Obama nominated Judge Mary Helen Murguia to be a Judge of the U.S. Court of Appeals for the Ninth Circuit. See, White House news office release and release. She has been a Judge of the U.S. District Court (DAriz) since 2000. She was appointed by former President Clinton. Before that she held various state and federal prosecutorial positions.

3/25. President Obama nominated Melinda Haag to be the U.S. Attorney for the Northern District of California for the term of four years. See, White House news office release and release. She is a partner in the San Francisco office of the law firm of Orrick Herrington & Sutcliffe. From 1999 until 2003 she worked in the U.S. Attorneys Office (USAO) for the Northern District of California (NDCal). From 1993 until 1999 she was a partner at the former law firm of Landels Ripley & Diamond. Before that, she worked at the USAO (CDCal). And before that, she worked at the law firm of Gibson Dunn.

3/25. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of several judicial nominees: Sharon Coleman (to be a Judge of the U.S. District Court for the Northern District of Illinois), Gary Feinerman (USDC/NDIll), and William Martinez (USDC/DColo).

3/24. The Senate Judiciary Committee (SJC) postponed its hearing on the nominations of Goodwin Liu to be a Judge of the U.S. Court of Appeals (9thCir) and Kimberly Mueller to be Judge of the U.S. District Court for the Eastern District of California to April 16, 2010. The hearing had been scheduled for March 24. See, notice.

Passover begins at sunset.

The House will not meet the week of March 29 - April 2, 2010, or the week of April 5-9, 2010. See, 2010 House calendar. It will next meet at 2:00 PM on Tuesday, April 13.

The Senate will not meet the week of March 29 - April 2, 2010, or the week of April 5-9, 2010. See, 2010 Senate calendar. It will next meet at 2:00 PM on Monday, April 12.

12:00 NOON - 1:30 PM. The Internet Caucus Advisory Committee (ICAC) will host a panel discussion titled "Actualizing The National Broadband Plan: What Will Congress and the FCC Have To Do?". The speakers will be Adam Bender (Warren News), Michael Calabese (New America Foundation), Rick Cimerman (National Cable & Telecommunications Association), Barbara Esbin (Progress & Freedom Foundation), and Derek Turner (Free Press). See, notice. For more information, contact Tim Lordan at 202-638-4370 or tim at netcaucus dot org. Location: Room CVC-217, Capitol Building.

12:00 NOON - 1:15 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Antitrust Criminal Penalty Enhancement and Reform Act of 2004: Consequences for Antitrust Enforcement". This event is free and open to the public. See, notice and registration page [PDF].

3:00 PM. Deadline to submit to the National Institute of Standards and Technology (NIST) a "Letter of Intent" to request grant money under the NIST Construction Grant Program for FY 2010. This $50 Million program subsidizes the construction of research science buildings of colleges, universities, and non-profit science research organizations. See, notice in the Federal Register, March 2, 2010, Vol. 75, No. 40, at Pages 9392-9397.

5:00 PM. Extended deadline to submit to the Rural Utilities Service (RUS) applications under the second round Notice of Funds Availability (NOFA) for the Broadband Initiatives Program (BIP). See, notice in the Federal Register, March 8, 2010, Vol. 75, No. 44, at Pages 10455-10456.

Deadline to submit comments to the Rural Utilities Service (RUS) in response to its Notice of Proposed Rulemaking (NPRM) regarding changing the requirements for Emergency Restoration Plans (ERPs) to include compliance with the requirements established by the Federal Emergency Management Agency (FEMA) for public assistance grant eligibility in the event of a declared disaster. See, notice in the Federal Register, January 26, 2010, Vol. 75, No. 16, at Pages 4006-4007.

8:45 AM - 5:00 PM. Day one of a two day meeting of the National Nanotechnology Coordination Office (NNCO) and the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Nanoscale Science, Engineering, and Technology (NSET) Subcommittee. The meeting will address "science related to environmental, health, and safety aspects of nanomaterials". See, notice in the Federal Register, February 26, 2010, Vol. 75, No. 38, at Pages 9007-9008. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

9:00 AM - 5:00 PM. Day one of a two day meeting of Department of Energy's (DOE) Office of Science's Advanced Scientific Computing Advisory Committee (ASCAC). The agenda for March 30 includes "Exascale Computing". See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Page 9887. Location: American Geophysical Union, 2000 Florida Ave., NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar presented by James Roberts (Duke University) titled "Entry and Selection in Auctions". For more information, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2ndFNPRM) regarding the Emergency Alert System (EAS) The FCC adopted this item on January 12, 2010, and released the text [23 pages in PDF] on January 14. It is FCC 10-11 in EB Docket No. 04-296. See, notice in the Federal Register, January 29, 2010, Vol. 75, No. 19, at Pages 4760-4768.

8:00 AM - 4:00 PM. Day two of a two day meeting of the National Nanotechnology Coordination Office (NNCO) and the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Nanoscale Science, Engineering, and Technology (NSET) Subcommittee. The meeting will address "science related to environmental, health, and safety aspects of nanomaterials". See, notice in the Federal Register, February 26, 2010, Vol. 75, No. 38, at Pages 9007-9008. Location: Holiday Inn Rosslyn-Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.

9:00 AM - 12:00 NOON. Day one of a two day meeting of Department of Energy's (DOE) Office of Science's Advanced Scientific Computing Advisory Committee (ASCAC). See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Page 9887. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:30 - 11:30 AM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will hold a meeting regarding the public safety and homeland security related portions of the FCC's March 16, 2010, staff report [376 pages in PDF] titled "National Broadband Plan". Location: FCC, Commission Meeting Room.

1:00 - 5:00 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host an event titled "Media Regulation and the First Amendment in the 21st Century". The price to attend ranges from $50 to $350. This event qualifies for continuing legal education (CLE) credits. However, it is not in the nature of legal education. Rather, there will be three panel discussions on prospective policy making. The first panel is titled "Technologies of Freedom: What are the Regulatory Implications of the Evolving Media Environment?". The speakers will be Alan Davidson (Google), Joe Waz (Comcast), and Gigi Sohn (Public Knowledge). The second panel is titled ""The Future of Journalism: Is it Time for a Bailout?". The speakers will be Barbara Cochran (RTNDA), Steven Waldman (FCC), Barbara Wall (Gannett), Andy Schwartzman (Media Access Project), and Gene Policinski (Freedom Forum). The third panel is titled "New Technology and the First Amendment: What is the Rationale for Regulation?". The speakers will be Bob Corn-Revere (Davis Wright Tremaine), Marvin Ammori (Free Press), and Christopher Yoo (University of Pennsylvania). See, notice. Location: Newseum, 555 Pennsylvania Ave., NW.

5:00 PM. Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for National Medal of Technology and Innovation awards. See, nomination form [MS Word].

Deadline for the Office of the U.S. Trade Representative (OUSTR) to issue its Section 1377 report 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) requesting comments on the Petition for Rulemaking [18 pages in PDF] regarding 700 MHz band mobile equipment design and procurement practices. This PN is DA 10-278 in RM No. 11592. The FCC released it on February 18, 2010. The Petition was filed on September 29, 2009, by four lower 700 MHz Band A Block licensees. See, notice in the Federal Register, March 1, 2010, Vol. 75, No. 39, at Pages 9210-9211.

Deadline for facilities based carriers that provide international telecommunications services to file a Circuit Status Report with the Federal Communications Commission (FCC). See, notice.

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.

1:00 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Privacy & Information Security Update". The speakers will be Becky Burr (Wilmer Hale) and Lynn Charytan (Wilmer Hale), and Erin Egan (Covington & Burling). This event is free and open to the public. See, notice and registration page [PDF].

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.

TIME CHANGE. 10:00 - 11:30 AM. The New America Foundation (NAF) will host a panel discussion titled "Can You Hear Me Now? Why Your Cell Phone is So Terrible". The speakers will be Farhad Manjoo (Slate Magazine), Sascha Meinrath (NAF), Tim Wu (Columbia University law school), and Nicholas Thompson (NAF). 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".

Easter.

The House will not meet the week of April 5-9, 2010. See, 2010 House calendar.

The Senate will not meet the week of April 5-9, 2010. See, 2010 Senate calendar.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ring Plus v Cingular Wireless, App. Ct. No. 2009-1537, an appeal from the U.S. District Court (EDTex) in a patent infringement case regarding ring back tones. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in FujiFilm Corporation v. Benun, App. Ct. No. 2009-1487, an appeal from the U.S. District Court (DNJ) in a patent infringement case involving the issue of international exhaustion. Location: Courtroom 201, 717 Madison Place, NW.

12:30 - 2:00 PM. The DC Bar Association will host an event titled "General Counsels Series: Ivan Fong, General Counsel, U.S. Department of Homeland Security". The speaker will be Ivan Fong. The price to attend ranges from $0 to $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.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Micron Technology v. Rambus, App. Ct. No. 2009-1263, and Hynix Semiconductor v. Rambus, App. Ct. No. 2009-1299. Location: Courtroom 201, 717 Madison Place, NW.

4:00 PM. The George Mason University law school will host a lecture by Robert Corn-Revere (Davis Wright Tremaine) titled "The First Amendment and the End of History: Does Media Convergence Mean the End of Regulation or is it Just the Beginning?". See, notice. Location: GMU law school, Room 120, 3301 Fairfax Drive, Arlington, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Order and Notice of Proposed Rulemaking (NPRM) regarding expanding the FCC's e-rate tax and subsidy program to cover non-educational uses. This NPRM is FCC 10-33 in CC Docket No. 02-6. The FCC adopted it on February 18, 2010, and released the text [26 pages in PDF] on February 19, 2010. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10199-10203, and story titled "FCC Expands E-Rate Program to Cover Non-Educational Services" in TLJ Daily E-Mail Alert No. 2,047, February 18, 2010.

3/26. The Federal Communications Commission (FCC) published notices in the Federal Register the week of March 22-26 setting comment deadlines for three rule making proceeding.

May 10 and June 8 are the initial and reply comment deadlines for the FCC's Notice of Proposed Rulemaking (NPRM) regarding numerous proposed changes to the FCC's procedural rules and organizational rules. The FCC adopted this item on February 18, 2010, and released the text [23 pages in PDF] on February 22, 2010. It is FCC No. 10-32 in GC Docket No. 10-44. See, notice in the Federal Register: March 25, 2010, Vol. 75, No. 57, at Pages 14401-14409.

May 10 and June 8 are the initial and reply comment deadlines for the FCC's Notice of Proposed Rulemaking (NPRM) regarding making minor and superficial changes to its rules pertaining to ex parte communications with the FCC. The FCC adopted this item on February 18, 2010, and released the text [27 pages in PDF] on February 22, 2010. It is FCC No. 10-31 in GC Docket No. 10-43. See, notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14409-14417.

May 21 and June 21 are the initial and reply comment deadlines for the FCC's Notice of Proposed Rulemaking (NPRM) regarding robocalls, and revisions to FCC rules under the Telephone Consumer Protection Act (TCPA) that would harmonize those rules with the Federal Trade Commission's (FTC) recently amended Telemarketing Sales Rule (TSR). This FCC adopted this NPRM on January 20, 2010, and released the text [37 pages in PDF] on January 22, 2010. It is FCC 10-18 in CG Docket No. 02-278. See, notice in the Federal Register, March 22, 2010, Vol. 75, No. 54, at Pages 13471-13482. See also, story titled "FCC Adopts NPRM Regarding Limiting Some Robocalls" in TLJ Daily E-Mail Alert No. 2,037, January 20, 2010.

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