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April 12, 2010, Alert No. 2,075.
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UK Enacts Digital Economy Bill

4/8. The United Kingdom's (UK) Digital Economy Bill became law. The UK Parliament's web page for this bill states that it "imposes obligations on internet service providers to reduce online copyright infringement".

It provides, among other things, that a court may issue a "blocking injunction" "that requires a service provider to prevent its service being used to gain access to the location" that "is being or is likely to be used for or in connection with an activity that infringes copyright".

International Federation of the Phonographic Industry (IFPI) Chairman John Kennedy stated in a release that "The passing of the Digital Economy Act in the UK recognises that if a country is to have world-class creative industries, then it also needs laws that will effectively protect their rights from the crippling problem of digital piracy."

He added that "The new UK legislation is a decisive step towards dealing with P2P and other forms of illegal distribution in a way that can substantially reduce the problem. Most importantly, it recognises that internet service providers have an essential role to play in curbing online piracy and reducing infringements on their networks."

This release states that "The Digital Economy Act introduces a graduated response system, by which ISPs will write education and warning letters to copyright infringers, with the prospect of technical measures, such as temporary account suspension, being used as a sanction in response to subsequent repeat infringement."

Mitch Bainwol, head of the Recording Industry Association of America (RIAA), stated in a release that "We welcome the recognition by the U.K. government -- as with increasing numbers of countries around the world -- that ISPs have an important role to play in protecting creators and preserving the Internet as an engine of economic growth and a platform for innovative business models. To be sure, the more this trend goes global, the greater the possibilities are for a thriving music marketplace that better serves the creators of music and their fans."

The Computer and Communications Industry Association (CCIA), based in Washington DC, stated in a release that this bill "allows the government to block websites over copyright issues, requires ISPs to pass along peer to peer file sharing notices to Internet users from copyright holders and opens the door to disconnection from the Internet as a punishment for copyright infringers."

Ed Black, head of the CCIA, stated in this release that "This is about using an uzi to combat mosquitos. Sure that method may make for better movie footage, but there’s more at stake here than the box office. Once we turn our ISPs into law enforcement agents, governments with much worse human rights records are going to demand the ISPs use this same technology that catches copyright infringers to catch political dissidents."

Publishers Report on E-Book Sales

4/9. The American Association of Publishers (AAP) published data on book sales for each year from 2002 through 2009.

This data shows that e-book sales have grown from just over $7 Million in 2002 to over $313 Million in 2009. In contrast, total book sales have remained flat, with sales of just over $22 Billion in 2002, and just under $24 Billion in 2009.

The AAP stated in a release that this report "uses data from the Bureau of the Census as well as sales data from eighty-six publishers inclusive of all major book publishing media market holders".

The AAP also announced in a second release the overall sales trends for February of 2010. It states that "E-book sales soared up 339.3 percent for the month ($28.9 million), reflecting a jump of 292.3 percent for the year." The total for all book sales "for the month of February increased by 12.2 percent at $486.3 million and were up by 4.8 percent for the year."

Rep. Stupak Announces Retirement

4/9. Rep. Bart Stupak (D-MI) announced in a speech in Michigan that he will "not seek reelection to Congress".

Rep. Bart StupakRep. Stupak is a senior member of the House Commerce Committee (HCC) and its Subcommittee on Telecommunications, Technology and the Internet.

He is a Democrat who represents a large rural district in northern Michigan. He has often tried to take middle grounds on partisan political issues, as well as on technology and communications related issues. He has voted both for and against network neutrality mandates. He voted against the Tauzin Dingell bill, but for the 2006 COPE Act.

Rep. Stupak has represented certain rural interests on telecommunications issues. However, the Senate Commerce Committee's (SCC) usually includes a larger percentage of members from rural states.

The HCC's Subcommittee on Oversight and Investigations, which Rep. Stupak now chairs, held hearings in previous Congresses into waste, fraud and abuse in the Federal Communications Commission's (FCC) e-rate tax and subsidy program. Rep. Stupak defended the program against proposals that it be eliminated, cut back, or limited to poor school districts. See for example, story titled "Chairman Barton Suggests Ending E-Rate Program" in TLJ Daily E-Mail Alert No. 1,097, March 17, 2005.

Rep. Henry Waxman (D-CA), the Chairman of the HCC, stated in a release that "This is a huge loss for the Committee.  Rep. Stupak has been a brilliant Oversight and Investigations Committee Chairman".

In 2006, when the House passed HR 5319 (109th Congress), the "Deleting Online Predators Act of 2006", a bill to require schools and libraries receiving e-rate subsidies to block access to social networking web sites and chat rooms, Rep. Stupak criticized the bill, but then voted for it. See, story titled "House Approves DOPA" in TLJ Daily E-Mail Alert No. 1,426, August 7, 2006.

In the 107th Congress, the House passed HR 1542, the "Internet Freedom and Broadband Deployment Act of 2001", also known as the Tauzin Dingell Bill. Rep. Stupak voted against the bill in Committee on May 9, 2001. See, roll call votes. But first, he offered an amendment to impose build out requirements. It failed 17-37.

The full House passed the bill on February 27, 2002. Rep. Stupak voted against the bill. See, Roll Call No. 45. The Senate did not pass the bill.

In 2006 the House, but not the Senate, passed HR 5252 (109th Congress), the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act.

The HCC's Subcommittee on Telecommunications and the Internet amended and approved the COPE Act on April 5, 2006. See, stories titled "House Subcommittee Approves COPE Act", "House Subcommittee Rejects Network Neutrality Amendment", and "Amendment by Amendment Summary of Subcommittee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1,344, April 6, 2006.

Rep. Markey offered a network neutrality amendment. It failed on a role call vote of 8-23. Rep. Stupak voted against it. For roll call votes on this and other proposals to impose network neutrality mandates in the 109th Congress, see "Table 5. Votes of Members of the House Commerce Committee (HCC) & Subcommittee on Telecom and the Internet (STI) in the 109th & 110th Congresses" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007.

The full Committee marked up the bill on April 27, 2006. Rep. Ed Markey (D-MA) offered another network neutrality amendment. Rep. Stupak voted in favor. It failed on a roll call vote of 22-34. Rep. Stupak then voted in favor of final passage by the HCC. See, stories titled Amendment by Amendment Summary of Full Committee Mark Up of COPE Act" and "Roll Call Votes On COPE Act" in TLJ Daily E-Mail Alert No. 1,360, April 28, 2006.

The full House amended and passed the bill on June 8, 2006. Rep. Stupak voted in favor another network neutrality amendment. See, Roll Call No. 239. He then voted for final passage. See, Roll Call No. 241. See also, story titled "House Approves COPE Act, Without Network Neutrality Amendment" in TLJ Daily E-Mail Alert No. 1,388, June 9, 2007.

At the April 6 markup, the Subcommittee approved amendments offered by Rep. Stupak. One required the FCC to "promulgate regulations to require a cable operator with a national franchise under this section to prevent the distribution of child pornography ... over its network." Another Stupak amendment would have required the FCC to prepare annual reports on cable service.

He also offered, but withdrew, an amendment regarding extending intercarrier compensation and universal service contribution obligations to VOIP service providers. He offered a related amendment on April 27, which failed on a roll call vote.

Johnsen Nomination to be Withdrawn

4/9. Sen. Jeff Sessions (R-AL), the ranking Republican on the Senate Judiciary Committee (SJC), stated in a release that the nomination of Dawn Johnsen to be head of the Department of Justice's (DOJ) Office of Legal Counsel (OLC) "would be withdrawn".

She is a professor at the Indiana University School of Law -- Bloomington, where she teaches courses on constitutional law, courts, and "Sexuality, Reproduction and the Constitution". Before that, she worked in the DOJ during the administration of former President Clinton. And before that, she worked for the National Abortion and Reproductive Rights Action League (NARRAL).

President Obama announced his intent to nominate her on January 5, 2009. The SJC approved her nomination on March 19, 2009.

Sen. Sessions stated that "I am pleased that the President has heeded the concerns raised by many who care deeply about the Department of Justice regarding the nomination of Dawn Johnsen. Ms. Johnsen's record of partisanship and her long history of extreme views and troubling activism relating to issues such as abortion and national security made her an unacceptable choice to fill this crucial role in the Department of Justice. It is not surprising that the Democrat-controlled Senate never made an effort to bring her nomination to a vote on the floor. Had they done so, the nomination certainly would have faced bipartisan opposition. The Office of Legal Counsel has a significant legal role in the war on terror, and it is my sincere hope that the President will nominate someone who is prepared to vigorously defend the military's legitimate actions in the fight against terrorism."

More News

4/12. Trade representatives of the U.S. and other nations will meet in Wellington, New Zealand, to discuss the proposed Anti-Counterfeiting Trade Agreement (ACTA). The Office of the U.S. Trade Representative (OUSTR) stated in a release that "In this upcoming round of ACTA negotiations, the U.S. delegation will be working with other delegations to resolve some fundamental issues, such as the scope of the intellectual property rights that are the focus of this agreement. Progress is necessary so that we can prepare to release a text that will provide meaningful information to the public and be a basis for productive dialogue. We hope that enough progress is made in New Zealand in clearing brackets from the text so that participants can be in a position to reach a consensus on sharing a meaningful text with the public."

4/12. Deputy U.S. Trade Representative Demetrios Marantis will arrive in Beijing, People's Republic of China. See, OUSTR calendar.

4/9. The Interactive Advertising Bureau (IAB) issued a release regarding internet advertising revenues in 2009. It states that although "U.S. Internet advertising revenues, at $22.7 billion for the year, showed a 3.4% decline from 2008, there are signs of an emergent recovery in the industry. The fourth quarter of 2009 hit a record quarterly high of $6.3 billion, a 2.6% increase year-over-year and a 14% increase over the third quarter of 2009."

4/8. Federal Reserve Board Governor Donald Kohn gave a speech in San Francisco, California, regarding the state of the U.S. economy. He said that "Business outlays for equipment and software appear to be rebounding appreciably, consistent with improved financial conditions and business sentiment. Exports are another bright spot. International trade tends to be highly sensitive to the business cycle, and foreign demand for U.S. products fell sharply during the global slump. But with economic conditions improving abroad, export volumes have rebounded since the middle of last year." He also said that the U.S. "has been through a severe recession -- a consequence of the correction of excesses that had accumulated in the economy and financial markets. ... To summarize in a sentence: We have worked through a lot of the problems that initiated and deepened the downturn, but not all of them, and thus the pace of the recovery is likely to be restrained."

3/26. The Federal Trade Commission (FTC) submitted a comment to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [31 pages in PDF] regarding "empowering parents and protecting children in an evolving media landscape". This item is FCC 09-94 in MB Docket No. 09-194. The FCC adopted this NOI on October 22, 2009, and released it on October 23, 2009. See also, March 26 reply comment of the CDT (stating that "Most content-based regulations would be unconstitutional"), reply comment of Disney, reply comment of the NAB, reply comment of the ESA, reply comment of the NCTA, reply comment of the CEA, reply comment of Viacom, and reply comment of TiVo.

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In This Issue
This issue contains the following items:
 • UK Enacts Digital Economy Bill
 • Publishers Report on E-Book Sales
 • Rep. Stupak Announces Retirement
 • Johnsen Nomination to be Withdrawn
 • More News
Washington Tech Calendar
New items are highlighted in red.
Monday, April 12

The House will not meet.

The Senate will return from its spring recess. It will meet at 2:00 PM. It will resume consideration of HR 4851 [LOC | WW], the "Continuing Extension Act of 2010", a bill to provide numerous short extensions to expiring statutes.

5:30 - 8:45 PM. The DC Bar Association will host an event titled "Covenants Not To Compete". The speakers will be Edward Isler (Isler Dare Ray) and Leslie Tabackman. The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division regarding the proposed settlement of the DOJ's Clayton Act action against Ticketmaster and Live Nation. See, notice in the Federal Register, February 10, 2010, Vol. 75, No. 27, at Pages 6709-6728. See also, story titled "DOJ Requires Ticketmaster Live Nation to License Ticket Software and Divest Ticketing Assets" in TLJ Daily E-Mail Alert No. 2,038, January 25, 2010.

Deadline to submit comments to the Federal Communications Commission's (FCC) International Bureau (IB) to assist it in developing recommendations to the Department of State for U.S. proposals and positions at the upcoming World Telecommunication Development Conference (WTDC) and the Plenipotentiary Conference of the International Telecommunication Union (ITU). See, notice. This proceeding is IB Docket No. 10-68.

Tuesday, April 13

The House will return from its spring recess. It will meet at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for the week of April 12.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will hold a partially closed meeting. See, notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14426-14427. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Aves., NW.

9:00 AM - 12:45 PM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will host an event titled "Workshop on Communications Infrastructure and Information Collection". The deadline to register to attend is April 9, 2010. See, registration page. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

10:30 AM - 12:00 NOON. The Heritage Foundation will host a panel discussion titled "Is the Chinese RMB Really Hurting the American Economy?" The speakers will be David Kavanaugh (office of Sen. John Ensign (R-NV)), Daniel Ikenson (Cato Institute), Derek Scissors (Heritage), and Walter Lohman (Heritage). See, notice. The Heritage Foundations will webcast this event. Location: Heritage, 214 Massachusetts Ave., NE.

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, March 25, 2010, Vol. 75, No. 57, at Pages 14454-14455. Location: National Press Club, Ballroom, 529 14th St.,  NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar presented by Joshua Gans (Melbourne University) titled "Collusion on the Extensive Margin". 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.

2:30 PM. The Senate Homeland Security and Government Affairs Committee's (SHSGAC) Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security will hold a hearing titled "Removing the Shroud of Secrecy: Making Government More Accountable and Transparent II". The witnesses will be John Wonderlich (Sunlight Foundation), Rob Pinkerton (Adobe Systems), Stephen O'Keeffe (Meri Talk Online), and Thomas Blanton (National Security Archive). See, notice. Location: Room 342, Dirksen Building.

Day one of a three day event hosted by the National Institute of Standards and Technology (NIST) titled "9th Symposium on Identity and Trust on the Internet". See, notice. The price to attend is $180. Location: NIST, Administration Building, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Wednesday, April 14

The House will meet at 10:00 AM for legislative business. The schedule for the week includes consideration of HR 4954 [LOC | WW], an untitled bill regarding false patent markings, HR 3506 [LOC | WW], the "Eliminate Privacy Notice Confusion Act", HR 1258 [LOC | WW], the "Truth in Caller ID Act of 2009", and HR 3125 [LOC | WW], the "Radio Spectrum Inventory Act". See, Rep. Hoyer's schedule for the week of April 12.

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) HIT Policy Committee's NHIN Workgroup will meet by webcast and teleconference. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Pages 12752-12753.

RESCHEDULED FROM 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. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will meet to consider a yet to to be introduced bill regarding National Science Foundation (NSF) programs. The HSC will webcast this event. Location: Room 2318, Rayburn Building.

10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "How IT is Driving the Self-Service Economy". The speakers will be Rob Atkinson (ITIF), Daniel Castro (ITIF), and Steve DelBianco (NetChoice). This event is free and open to the public. The ITIF will webcast this event. Location: ITIF, 1101 K St., NW.

12:00 NOON - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, March 24, 2010, Vol. 75, No. 56, at Page 14205. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a teleconferenced and webcast panel discussion titled "Data Protection vs. Global Interconnectivity: What Every Employment Lawyer Must Know About the Cross Border Transfer of Personal Information". The speakers will be Philip Berkowitz (Nixon Peabody), Andrea Blander (Oracle), Boris Dzida (Freshfields Bruckhaus Deringer), and Miriam Wugmeister (Morrison & Foerster). See, notice. Prices vary.

2:00 PM. The House Oversight and Government Reform Committee (HOGRC) will hold an executive business meeting. The agenda includes consideration of HR 1722 [LOC | WW], the "Telework Improvements Act of 2009". See, notice. Location: Room 2154, Rayburn Building.

RESCHEDULED FROM MARCH 23. 2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Reviewing the National Broadband Plan". FCC Chairman Julius Genachowski will testify. 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. See, SCC notice. Location: Room 253, Russell Building.

Day two of a three day event hosted by the National Institute of Standards and Technology (NIST) titled "9th Symposium on Identity and Trust on the Internet". See, notice. The price to attend is $180. Location: NIST, Administration Building, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its report to Congress regarding the Open-Market Reorganization for the Betterment of International Telecommunications Act (ORBIT Act). See, notice [PDF]. This proceeding is IB Docket No. 10-70.

Extended deadline to submit comments to the Internet Corporation for Assigned Names and Numbers (ICANN) regarding the ICANN paper [13 pages in PDF] titled "Proposed Initiatives for Improved DNS Security, Stability and Resiliency", and the ICANN paper [18 pages in PDF] titled "Global DNS-CERT Business Case: Improving the Security, Stability and Resiliency of the DNS". See also, ICANN notice.

Thursday, April 15

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of April 12.

8:15 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, March 24, 2010, Vol. 75, No. 56, at Page 14205. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications, Technology and the Internet will hold a hearing titled "The National Broadband Plan: Competitive Availability Of Navigation Devices". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes 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), which is codified at 5 U.S.C. § 552. The agenda also includes consideration 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). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Appropriations Committee (SAC) will hold a hearing on the FY 2011 budget for the Federal Bureau of Investigation (FBI). The witness will be FBI Director John Mueller. Location: Room 192, Dirksen Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Annamaria Lusardi (Dartmouth University Department of Economics). She focuses on consumers' financial education and literacy. Location: FTC, Conference Center, 601 New Jersey Ave., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Relationship Between Intellectual Property and Government Contracts". This is the first of a two part series. The second is on April 22. The speakers will be David Bloch (Winston & Strawn), Richard Gray (DOD Office of General Counsel), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129. Most DC Bar events are not open to the public. This event qualifies for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day three of a three day event hosted by the National Institute of Standards and Technology (NIST) titled "9th Symposium on Identity and Trust on the Internet". See, notice. The price to attend is $180. Location: NIST, Administration Building, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

11:59 PM. Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) regarding President Obama's documents titled "Strategy for American Innovation" and release titled "Grand Challenges of the 21st Century". See, notice in the Federal Register: February 3, 2010, Vol. 75, No. 22, at Pages 5634-5636.

Friday, April 16

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of April 12.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing on HR 2266 [LOC | WW] and HR 2267 [LOC | WW], bills to legalize, regulate, and tax certain internet gambling businesses. See, notice. Location: Room 2128, Rayburn Building.

RESCHEDULED FROM MARCH 24. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on the embattled nomination of Goodwin Liu to be a Judge of the U.S. Court of Appeals (9thCir). This hearing will also cover the nominations of Kimberly Mueller to be Judge of the U.S. District Court (EDCal), Richard Gergel (USDC/DSCar), Michelle Childs (USDC/DSCar), and Catherine Eagles (USDC/MDNC). Sen. Dianne Feinstein (D-CA) will preside. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM - 1:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee's Strategic Plan Workgroup will meet by webcast and teleconference. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Pages 12752-12753.

12:00 NOON - 2:15 PM. The Free State Foundation (FSF) will host an event titled "Future of Media Inquiry: What Is The FCC Is Doing -- And Why?". The speakers will include Steve Waldman (FCC), Deborah Tate, Donna Gregg, and James Taranto (Wall Street Journal). Lunch will be served. This event is free and open to the public. Register with Susan Reichbart at sreichbart at freestatefoundation dot org. Location: National Press Club, 13th Floor, 529 14th St. NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event titled "Public Safety Provisions in the National Broadband Plan". Jamie Barnett, Chief of the FCC's Public Safety and Homeland Security Bureau, will preside. Other FCC officials will also be present. The FCBA asserts that this is an FCBA event. Location: Holland & Knight, 2099 Pennsylvania Ave., NW.

Monday, April 19

Day one of a three day event hosted by the American Cable Association (ACA) titled "ACA's 17th Annual Summit". See, notice. Location: Gaylord National Resort, 201 Waterfront Street, National Harbor, MD.

Deadline to submit reply 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in its proceeding titled "In the Matter of Jurisdictional Separations and Referral to the Federal-State Joint Board". The FCC adopted this item on March 26, 2010, and released the text [22 pages in PDF] on March 29, 2010. This NPRM is FCC 10-47 in CC Docket No. 80-286. Jurisdictional separations is the process by which incumbent local exchange carriers (ILEC) apportion regulated costs between the intrastate and interstate jurisdictions. There is an order in effect, which the FCC keeps extending, that freezes category relationships and jurisdictional cost allocation factors, pending some hypothetical future comprehensive reform. This NPRM proposes to once again extend the freeze, which is currently set to expire on June 30, 2010, until June 30, 2011. See, notice in the Federal Register, April 5, 2010, Vol. 75, No. 64, at Pages 17109-17111.