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April 30, 2010, Alert No. 2,081.
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FCC Releases Tentative Agenda for May 20 Meeting

4/29. The Federal Communications Commission (FCC) released a tentative agenda [PDF] for its event on Thursday, May 20, 2010, titled "open meeting". The FCC is scheduled to adopt five items.

Mobile Wireless Competition Report. The agenda states that the FCC will adopt a report on the state of mobile wireless competition. It adds that this report will address "the broader mobile wireless ecosystem".

The relevant statute, codified at 47 U.S.C. § 332(c)(1)(C), requires the FCC to write annual reports on competition in "commercial mobile services" or CMS, which is defined in Section 332 and Section 153. The statute makes no reference to broader "ecosystems". The FCC often uses the acronym CMRS as a substitute for CMS.

This agenda does not elaborate on the meaning of broader "ecosystem". The FCC may mean the use of mobile wireless devices, including not only cell phones, by also devices such as iPods, iPhones, and iPads, to obtain broadband access to the internet, and to receive mobile video, software applications, location based services, and downloads of music and video.

This report will include the FCC's 14th annual CMS report. See, the FCC's 13th report [190 pages in PDF], adopted on January 15, 2009, and released on January 16, 2009. It is FCC DA 09-54 in WT Docket No. 08-27. See also, the FCC's 12th report [192 pages in PDF], adopted on January 28, 2008, and released on February 4, 2008. It is FCC 08-28 in WT Docket No. 07-71

WCS-SDARS R&O. The agenda states that the FCC will adopt a Report and Order (R&O) regarding mobile broadband use of 25 MHz of spectrum in the 2.3 GHz Wireless Communications Service (WCS) band.

The FCC's March 15, 2010 staff report [376 pages in PDF] titled "A National Broadband Plan for Our Future" recommended that the FCC make more spectrum available for broadband internet access services.

As a part of this recommendation, the staff report states that "The FCC should make 20 megahertz available for mobile broadband use in the 2.3 GHz Wireless Communications Service (WCS) band, while protecting neighboring federal, non-federal Aeronautical Mobile Telemetry (AMT) and satellite radio operations." (See, pages 75 and 85.)

The staff report elaborates that the FCC "established the 2.3 GHz WCS band in 1997. At that time, the FCC adopted strict operating parameters to protect operations in the adjacent Satellite Digital Audio Radio (SDARS) band. Certain WCS technical rules, particularly the out-of-band emission (OOBE) limits, largely preclude the provision of mobile broadband services in the spectrum. Based on an extensive record, the FCC should revise certain technical rules, including the WCS OOBE limits, to enable robust mobile broadband use of the 2.3 GHz WCS spectrum, while protecting federal, non-federal AMT and satellite radio operations in the neighboring SDARS band." (See, page 85. Footnotes omitted.)

Another E-Rate NPRM. The agenda states that the FCC will adopt another Notice of Proposed Rulemaking (NPRM) regarding the FCC's waste, fraud and abuse plagued e-rate tax and subsidy programs.

The agenda states that the FCC seeks to "make broadband more accessible in schools and libraries". The language of the relevant statutory section, 47 U.S.C. § 254(h)(1)(B), reaches only services of "telecommunications carriers". But then, the FCC has never taken the language of this subsection literally.

The FCC's March 15 staff report states that "The E-rate program needs to be updated and strengthened to ensure the rapid growth of online learning and data sharing in education are not limited by insufficient bandwidth." It recommends that "The FCC should initiate a rulemaking to set goals for minimum broadband connectivity for schools and libraries and prioritize funds accordingly." (See, page 236.)

The FCC has open proceedings related to e-rate programs, and has frequently issued NPRMs. See for example, Docket Nos. 96-45 and 02-6.

Most recently, it adopted a NPRM at its February 18, 2010, meeting regarding expanding the schools e-rate program to cover non-educational uses. See, story titled "FCC Expands E-Rate Program to Cover Non-Educational Services" in TLJ Daily E-Mail Alert No. 2,047, February 18, 2010. The FCC's staff report recommends that "The FCC should adopt its pending Notice of Proposed Rulemaking (NPRM) to remove barriers to off-hours community use of E-rate funded resources." (See, page 236.)

Pole Attachments Order and FNPRM. The agenda states that the FCC will adopt an Order and Further NPRM regarding access to utility poles

The FCC's statutory authority to regulate access to utility poles is codified at 47 U.S.C. § 224. It limits what the FCC might accomplish by rules.

The FCC's March staff report states that "Infrastructure such as poles, conduits, rooftops and rights-of-way play an important role in the economics of broadband networks. Ensuring service providers can access these resources efficiently and at fair prices can drive upgrades and facilitate competitive entry. In addition, testbeds can drive innovation of next-generation applications and, ultimately, may promote infrastructure deployment." It recommends that the FCC "Establish low and more uniform rental rates for access to poles, and simplify and expedite the process for service providers to attach facilities to poles." (See, page xii.)

This report further recommends that "The FCC should establish rental rates for pole attachments that are as low and close to uniform as possible, consistent with Section 224 of the Communications Act of 1934, to promote broadband deployment." (See, page 108.)

The report notes that "the rental rates paid by communications companies to attach to a utility pole vary widely -- from approximately $7 per foot per year for cable operators to $10 per foot per year for competitive telecommunications companies to more than $20 per foot per year for some incumbent local exchange carriers (ILECs)".

The report also recommends that the FCC "implement rules that will lower the cost of the pole attachment ``makeready´´ process" and "establish a comprehensive timeline for each step of the Section 224 access process and reform the process for resolving disputes regarding infrastructure access". (See, page 111.)

But, the report adds that "without statutory change, the convoluted rate structure for cable and telecommunications providers will persist. Moreover, due to exemptions written into Section 224, a reformed FCC regime would apply to only 49 million of the nation's 134 million poles." Hence, it recommends that the Congress amend the statute. (See, page 112.)

This would require that the Congress enact legislation taking away pole regulatory authority from the states. Many states would likely oppose such legislation, and therefore, the Congress would be unlikely to act.

Local Number Portability R&O. The agenda states that the FCC will adopt a R&O "standardizing the processes for transferring telephone numbers in one business day to ensure the benefits of competition for consumers".

The FCC does not always hold its scheduled meetings at the scheduled time or date. The FCC does not always adopt all of the items on its agenda. The FCC usually does not release at its meetings the items that it adopts at its meetings. The FCC does not debate, draft, amend, or revise items at its meetings. These meetings are in large part ceremonial events.

The FCC announced that it will webcast this event. The FCC sometimes fails to webcast as announced.

Supreme Court Grants Cert in Video Game 1st Amendment Case

4/26. The Supreme Court granted certiorari in Schwarzenegger v. Entertainment Merchants Association, a case regarding application of the First Amendment to video games. See, April 26, 2010, Orders List [10 pages in PDF] at page 1, and Supreme Court docket.

At issue is whether state legislatures can mandate the labeling of violent video games without violating the First Amendment free speech rights of game publishers. The U.S. District Court (NDCal) and U.S. Court of Appeals (9thCir) both held a California statute unconstitutional.

Precedent. Other state and local governments have passed laws regulating video games. Industry groups have prevailed in constitutional challenges. See for example, the March 17, 2008, opinion [8 pages in PDF] of the U.S. Court of Appeals (8thCir) in Entertainment Software Association v. Swanson, and story titled "8th Circuit Affirms Injunction of State Regulation of Violent Video Games" in TLJ Daily E-Mail Alert No. 1,732, March 18, 2008.

See also, the 8th Circuit's June 3, 2003 opinion [9 pages in PDF] in Interactive Digital Software Association v. St. Louis County, which is reported at 329 F.3d 954, and story titled "Eighth Circuit Holds Ban on Sales of Violent Video Games to Minors Violates First Amendment" in TLJ Daily E-Mail Alert No. 673, June 4, 2003.

See also, the 7th Circuit's March 23, 2001, opinion in American Amusement Machine Association v. Kendrick, 244 F.3d 572, the U.S. District Court's (NDIll) 2005 opinion in ESA v. v. Blagojevich, 404 F. Supp. 2d 1051, and U.S. District Court's (EDMich) 2006 opinion in ESA v. Granholm, 426 F. Supp. 2d 646.

The Supreme Court tends not to grant certiorari for the purpose of affirming lower court judgments, and confirming settled law. Hence, that the Supreme Court has granted certiorari in this case is unfortunate for the video game industry.

Proceedings Below in This Case. The California legislature enacted an act that regulates the sale of a "violent video game", which is defined as games that include "killing, maiming, dismembering, or sexually assaulting an image of a human being". The act imposes a labeling requirement -- a two inch by two inch black and white label on the front of the game's packaging. See, California Civil Code §§ 1746-1746.5.

The Video Software Dealers Association (VSDA), which is now the Entertainment Merchant Association (EMA), and the Entertainment Software Association (ESA) filed a complaint in the District Court against Arnold Schwarzenegger, in his capacity of Governor of California, and others, challenging the constitutionality of the act. The District Court held the act unconstitutional.

California appealed. The Court of Appeals affirmed.

It held that the act is a "presumptively invalid content-based restriction on speech", and that it subject to the "strict scrutiny" standard of review, rather than the "variable obscenity" standard articulated by the Supreme Court in its 1968 opinion in Ginsberg v. New York, 390 U.S. 629.

The Court of Appeals held that "the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State's expressed interests."

It also held that "the Act's labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State's controversial opinion."

See February 20, 2009, opinion, and story titled "9th Circuit Holds California Video Games Statute Unconstitutional" in TLJ Daily E-Mail Alert No. 1,902, February 23, 2009.

California filed a petition for writ of certiorari with the Supreme Court, which granted certiorari on April 26, 2010.

Reaction. Michael Gallagher, head of the Entertainment Software Association (ESA), which represents the video game industry, stated in a release that "Courts throughout the country have ruled consistently that content-based regulation of computer and video games is unconstitutional. Research shows that the public agrees, video games should be provided the same protections as books, movies and music."

Gallagher added, "As the Court recognized last week in the US v. Stevens case, the First Amendment protects all speech other than just a few `historic and traditional categories´ that are `well-defined and narrowly limited.´ We are hopeful that the Court will reject California’s invitation to break from these settled principles by treating depictions of violence, especially those in creative works, as unprotected by the First Amendment."

Adam Thierer, head of the Progress & Freedom Foundation (PFF), stated in a release that "I hope the Supreme Court is taking this case to affirm the free speech rights of game creators and users, and not to overturn ten years of solid, sensible lower court decisions granting video games the same First Amendment protections as books, film, music and other forms of entertainment."

He continued that "Government regulation of game content is unnecessary because parents have been empowered with sophisticated video game parental controls and a highly descriptive ratings system that is widely recognized and easy to use. Lawmakers should focus their efforts on making sure parents are better aware of existing tools and ratings instead of trying to censor game content in such a plainly unconstitutional fashion. Let's hope the Supreme Court affirms that educational approach and Ninth Circuit's decision at the same time."

This case is Arnold Schwarzenegger, et al. v. Entertainment Merchants Association, et al., Supreme Court of the U.S., Sup. Ct. No. 08-1448, on petition for writ certiorari to the U.S. Court of Appeals for the 9th Circuit. The Court of Appeals, App. Ct. No. 07-16620, heard an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-05-04188-RMW.

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In This Issue
This issue contains the following items:
 • FCC Releases Tentative Agenda for May 20 Meeting
 • Supreme Court Grants Cert in Video Game 1st Amendment Case
Washington Tech Calendar
New items are highlighted in red.
Friday, April 30

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

3:00 - 4:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee's Implementation Workgroup will meet by webcast and teleconference. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Page 12753.

3:00 PM. Deadline to submit "Expressions of Interest" to participate in the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) program titled "700 MHz Public Safety Broadband Demonstration Network". See, notice in the Federal Register, March 3, 2010, Vol. 75, No. 41, at Pages 9586-9587, and story titled "NIST Announces Creation of 700 MHz Public Safety Broadband Demonstration Network" in TLJ Daily E-Mail Alert No. 2,055, March 4, 2055.

5:00 PM. Deadline to submit applications for financial assistance under the National Institute of Standards and Technology's (NIST) Center for Nanoscale Science and Technology's (CNST) Postdoctoral Researcher and Visiting Fellow Measurement Science and Engineering Program. See, notice in the Federal Register, March 24, 2010, Vol. 75, No. 56, at Pages 14128-14131.

The Office of the U.S. Trade Representative (OUSTR) may release its report containing determinations that identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The OUSTR is required to make these Special 301 determinations by Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242. See, notice in the Federal Register, January 15, 2010, Vol. 75, No. 10, at Pages 2578-2580.

Deadline to submit reply 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.

Extended expiration date of extension to the compulsory copyright licenses governing the retransmission of distant television signals by cable and satellite television operators. See, S 3186 [LOC | WW], the "Satellite Television Extension Act of 2010", signed into law on March 26, 2010, and story titled "Satellite Licenses Extended for One Month" in TLJ Daily E-Mail Alert No. 2,066, March 29, 2010.

Deadline to submit initial comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding "the application of Title 17 to the termination of certain grants of transfers or licenses of copyright, specifically those for which execution of the grant occurred prior to January 1, 1978 and creation of the work occurred on or after January 1, 1978." These recaptures rights are codified at 17 U.S.C. §§ 304(c)&(d) and 203. The CO adds that "the deadlines for serving notices of termination for 1978 grants will begin to expire in 2011 and some stakeholders have raised questions with the Office and some Congressional Offices". See, notice in the Federal Register, March 29, 2010, Vol. 75, No. 59, at Pages 15390-15391.

Monday, May 3

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Seiko Epson v. Coretronic, App. Ct. No. 2009-1439, an appeal from the U.S. District Court (NDCal) in a patent infringement case involving technology for cooling and optical components for LCD projectors. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Rothe Development Corporation v. Department of Defense, App. Ct. No. 2009-1565, an appeal from the U.S. District Court (WDTex) in a case involving the Constitutionality of government minority contracting programs. See, November 4, 2008, opinion [PDF] of the Court of Appeals, reported at 545 F.3d 1023. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ceiv Logi v. Frame Media, App. Ct. No. 2009-1448, an appeal from the U.S. District Court (CDCal) in a patent infringement case involving technology for delivering digital pictures via the internet to picture frames. Location: Courtroom 402, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Level 3 Communications v. Limelight Networks, App. Ct. No. 2009-1480, an appeal from the U.S. District Court (EDVa) in a patent infringement case involving technology for internet content delivery. Location: Courtroom 201, 717 Madison Place, NW.

The U.S. Court of Appeals (FedCir) will consider on the briefs Tony Colida v. Panasonic, App. Ct. No. 2009-1582, an appeal from the U.S. District Court (NJ) another of Colida's pro se patent infringement actions.

5:00 PM. Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for grants under the Pan-Pacific Education and Communications Experiments by Satellite (PEACESAT) Program. See, notice in the Federal Register, March 18, 2010, Vol. 75, No. 52, at Pages 13085-13087.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding whether, how, and under what circumstances federally recognized Native American Tribes and Alaska Native Villages should receive a bidding credit in auctions for new radio stations, and whether and how the Tribal Priority adopted in the First Report and Order (First R&O) in this proceeding might be claimed by Tribes that do not possess defined tribal lands. This FNPRM is FCC 10-24 in MB Docket No. 09-52. The FCC adopted it on January 28, 2010, and released the text [58 pages in PDF] on February 3, 2010. See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Pages 9856-9859.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice regarding the buildout requirements for the 2.3 GHz Wireless Communications Services (WCS) band. The FCC adopted this item on March 26, 2010, and released the text [8 pages in PDF] on March 29, 2010. It is FCC 10-46 in WTB Docket No. 07-293. See, notice in the Federal Register, April 6, 2010, Vol. 75, No. 65, at Pages 17349-17352.

Tuesday, May 4

7:30 AM - 4:00 PM. Day one of a two day partially closed meeting of the National Science Foundation's (NSF) National Science Board. The items on the open agenda for May 4 include "DataNet". The items on the closed agenda include "NCAR Supercomputing Center Construction Project". See, notice in the Federal Register, April 28, 2010, Vol. 75, No. 81, at Pages 22432-22433. Location: 4201 Wilson Blvd., Rooms 1235 and 1295, Arlington, VA.

9:30 AM - 12:45 PM. The DC Bar Association will host an event titled "Software Development Contracts: Practical Advice on Drafting, Managing, and Litigating". The speakers will be David Temeles (Bean Kinney & Korman), Raighne Delaney (Bean Kinney & Korman), John Sweeney (Rutherfoord), and Todd Trivet (Jeff Parmet & Associates). 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.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Encyclopedia Britannica v. Alpine Electronics of America, App. Ct. No. 2009-1544, an appeal from the U.S. District Court (WDTex) in a patent infringement case involving technology for searching and retrieving textual and graphical information from electronic databases. Location: Courtroom 201, 717 Madison Place, NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar presented by John Rust (University of Maryland) titled "Search, Design and Market Structure". 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 initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding assessment and collection of regulatory fees for Fiscal Year 2010. The FCC adopted this NPRM on April 12, 2010, and released the text [53 pages in PDF] on April 13, 2010. It is FCC 10-51 in MD Docket No. 10-87. See, notice in the Federal Register, April 26, 2010, Vol. 75, No. 79, at Pages 21536-21567.

Wednesday, May 5

7:30 AM - 3:30 PM. Day two of a two day partially closed meeting of the National Science Foundation's (NSF) National Science Board. The items on the open agenda for May 5 include "Next Generation of STEM Innovators White Paper". See, notice in the Federal Register, April 28, 2010, Vol. 75, No. 81, at Pages 22432-22433. Location: 4201 Wilson Blvd., Rooms 1235 and 1295, Arlington, VA.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The May 5 session is open to the public, and will be teleconferenced. See, notice in the Federal Register, April 21, 2010, Vol. 75, No. 76, at Page 20817. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Teknowledge v. Cellco, App. Ct. No. 2009-1523, an appeal from the U.S. District Court (EDTex) in a patent infringement case involving technology for sending notices to cell phones. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM - 5:00 PM. The Department of Health and Human Services (DHHS) Agency for Healthcare Research and Quality will host an event titled "Meeting for Software Developers on the Technical Specifications for Common Formats for Patient Safety Data Collection and Event Reporting". See, notice in the Federal Register, April 2, 2010, Vol. 75, No. 63, at Pages 16817-16818. Location: Hyatt Regency Baltimore, 300 Light Street, Baltimore, MD.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "U.S. Patent and Trademark Office". The HJC will web cast this event. See, notice. Location: Room 2141, Rayburn Building.

12:00 NOON - 2:00 PM. Bob Bahr, the U.S. Patent and Trademark Office's (USPTO) acting Associate Commissioner for Patent Examination Policy will give a speech titled "The Patent Office Speaks" to the DC Bar Association. This event is closed to reporters. The price to attend ranges from $55 to $70. See, notice. Location: City Club of Washington at Franklin, 1300 I St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a lunch titled "Technologies of the Future: Current DARPA Research That Might Lead to Future Commercial Technologies". For more information, contact Laura Stefani at 202-429-4900 or lstefani at g2w2 dot com. Location: Wiley Rein, 1776 K St., NW.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights and Civil Liberties will hold a hearing titled "Electronic Communications Privacy Act Reform". The HJC will web cast this event. See, notice. Location: Room 2141, Rayburn Building.

6:00 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host an event titled "How the Internet Works: A Tech Tutorial for Communications and Copyright Attorneys". This event qualifies for continuing legal education credit. The price to attend ranges from $25 to $150. The deadline to register is 5:00 PM on May 3. See, registration form. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

Thursday, May 6

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The May 6 session is closed to the public. See, notice in the Federal Register, April 21, 2010, Vol. 75, No. 76, at Page 20817. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Stephan Meier (Columbia University business school). For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: FTC, Room 4100, 601 New Jersey Ave., NW.

2:30 - 5:30 PM. The President's National Security Telecommunications Advisory Committee will hold its annual meeting. See, notice in the Federal Register, March 31, 2010, Vol. 75, No. 61, at Pages 16159-16160. Location: U.S. Chamber of Commerce, 1615 H St., NW.

Deadline to submit comments to the National Archives and Records Administration's (NARA) Information Security Oversight Office (ISOO) regarding its proposed amendments to National Industrial Security Program Directive No. 1. The NARA stated that these changes provide "guidance to agencies on release of certain classified information (referred to as ``proscribed information´´) to contractors that are owned or under the control of a foreign interest and have had the foreign ownership or control mitigated by an arrangement known as an Special Security Agreement (SSA)". See, notice in the Federal Register, April 6, 2010, Vol. 75, No. 65, at Pages 17305-17307.

Friday, May 7

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, April 14, 2010, Vol. 75, No. 71, at Page 19428. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

9:00 AM - 3:00 PM. The National Telecommunications and Information Administration (NTIA) and International Trade Administration (ITA) will hold a meeting titled "Information Privacy and Innovation in the Internet Economy". See, notice in the Federal Register, April 16, 2010, Vol. 75, No. 73, at Page 19942. Location: Polaris Room, Ronald Reagan International Trade Center, 1300 Pennsylvania Ave., NW.

9:00 - 10:45 AM. The Progress & Freedom Foundation (PFF) will host an event titled "What Should the Next Communications Act Look Like?". The speakers will be Thomas Tauke (Verizon Communications), Peter Pitsch (Intel), Walter McCormick (US Telecom), Ray Gifford (Wilkinson Barker & Knauer), Michael Calabrese (New America Foundation), Barbara Esbin (PFF), and Adam Thierer (PFF). See, notice. Location: National Press Club., Holeman Lounge, 13th Floor, 529 14th St., NW.