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July 12, 2010, Alert No. 2,102.
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FCC Discloses Data on High Cost Universal Service Subsidies

7/8. The Federal Communications Commission (FCC) responded to questions from the House Commerce Committee (HCC) regarding its high cost universal service subsidy program.

Rep. Joe Barton (R-TX), the ranking Republican on the HCC, stated in a release that "The FCC is not only wasting time chasing a network neutrality `problem´ that doesn't exist, it is wasting Americans' money by failing to reform the Universal Service Fund".

Rep. Joe BartonRep. Barton (at left) continued that "Subscribers now pay close to 14 percent of their long-distance phone bills to subsidize scores of telephone providers in each geographic market while other providers are serving the same markets without a penny of support. It is inexcusable that the FCC chairman is trying to reclassify broadband service under the pretext that the commission lacks authority to implement aspects of the national broadband plan when he should instead be focusing on bipartisan aspects of the plan that he clearly has authority to move on, such as reducing antiquated voice service subsidies."

HCC leaders sent a letter [PDF] to the FCC on June 15, 2010, in which it propounded questions.

In response, the FCC provided a list of the top ten recipients [37 pages in PDF], along with the total of subsidies which they received in 2007, 2008, and 2009.

The FCC also provided a state by state list [7 pages in PDF] of total subsidies for each of the four universal service programs.

The FCC also provided a list of the ten largest per line subsidies [11 pages in PDF]. The highest per line subsidy in 2009 was $17,763. This list also disclosed that one company in Hawaii received $23,945,376 for 2,192 customers, or a subsidy of $10,926 per customer. Also, the top five per line subsidies are all in states with representation on the Senate Commerce Committee (SCC).

The FCC also provided a list [58 pages in PDF] of the ten study areas with the most eligible telecommunications carriers (ETCs). The top ten all had at least ten ETCs.

This part of the FCC's response also contains data on carriers in the same study areas that did not receive subsidies. Rep. Cliff Stearns (R-FL) stated that "the data further reveals that some subsidized areas are highly competitive, being served in whole or in part by more than 60 providers that do not receive any support, calling into question the size, structure and purpose of the subsidies."

The FCC also provided data [22 pages in PDF] on the geographic scope of each study area in the list of top ten study areas by support and by number of ETCs. The FCC also provided data [3 pages in PDF] on local basic residential and single line business rate information for the incumbent ETCs serving the top ten study areas. The FCC also provided a state by state list [133 pages in PDF] of competitive ETCs and the names of such entities grouped by holding company. Finally, the FCC provided information on state universal service programs.

More FCC News

7/9. The Federal Communications Commission (FCC) released a Report and Order [75 pages in PDF] in its proceeding titled "In the Matter of Assessment and Collection of Regulatory Fees for Fiscal Year 2010". This item is FCC 10-123 in MD Docket No. 10-87.

7/8. The Federal Communications Commission (FCC) released an agenda [PDF] for its event on July 15, 2010, titled "open meeting". This lists the same three items as a tentative agenda [PDF] released on June 24, 2010. See, story titled "FCC Announces Tentative Agenda for July 15 Meeting" in TLJ Daily E-Mail Alert No. 2,101, June 30, 2010.

7/7. The Federal Communications Commission (FCC) announced that its Media Bureau will host an event titled "Public Forum to Discuss Proposed Comcast/NBCU/GE Joint Venture" on July 13, 2010, at 1:00 - 8:00 PM, in Chicago, Illinois. This antitrust merger review proceeding is MB Docket No. 10-56. See, notice.

6/30. House Commerce Committee (HCC) leaders sent a letter to the Federal Communications Commission (FCC) propounding questions relevant to constructing and maintaining a nationwide, interoperable public safety broadband network.

6/29. The Federal Communications Commission (FCC) announced in a release that it will "modernize and streamline how it collects, uses, and disseminates data", and will become a "model for excellence". The FCC also released three public notices in which is requests public comments regarding FCC collection, use and dissemination of data. See, Media Bureau notice (DA 10-1195 in MB Docket No. 10-103), Wireline Competition Bureau (WCB) notice (DA 10-1189 in WC Docket No. 10-132), and Wireless Telecommunications Bureau (WTB) notice (DA 10-1223 in WT Docket No. 10-131). Initial comments are due by August 13, 2010. Reply comments are due by September 13, 2010.

Meredith Baker6/28. Federal Communications Commission (FCC) Commissioner Meredith Baker (at right) gave a speech in Stockholm, Sweden, titled "Spectrum Management -- Updating the Framework for the Broadband Era". She said that "First, we should promote the creation of interoperable, dynamic spectrum data bases. Second, we must actively promote innovation and investment in state of the art radiocommunications technologies and infrastructures that can take advantage of the information the database provides. Third, we need to look at service rules to ensure they enable and encourage spectrum users to take advantage of the new information and technology. Fourth, we need to ensure secondary market rules encourage efficient spectrum use. Finally, we need to look at ways to make the international spectrum process less cumbersome. We need to work collaboratively and cooperatively to ensure our international institutions can support the new technologies that will bring new services and opportunities to people around the world who will need and use them." She also said that "I see no choice but for regulators around the world to identify other spectrum that can be used for mobile broadband services, both above and below 3GHz."

USPTO Releases Draft Five Year Plan

7/9. The U.S. Patent and Trademark Office (USPTO) released a draft [76 pages in PDF] of its "FY 2010-2015 Strategic Plan".

The USPTO also published a notice in the Federal Register that announces and describes this draft, and sets the deadline for comments (July 26, 2010). See, Federal Register, July 9, 2010, Vol. 75, No. 131, at Pages 39493-39494.

David KapposDavid Kappos (at right), head of the USPTO, stated in a release that this is "a plan that will strengthen the USPTO, enhance the U.S. IP system and help drive innovation, job creation and economic growth".

This draft plan states that it "is designed to strengthen the capacity of the USPTO, improve the quality of patents and trademarks issued and shorten the time it takes to get a patent". This draft adds that the USPTO ability to accomplish this is contingent upon its receiving adequate funding, fee setting authority, and enhanced post grant reexamination authority.

"For most of the last century, the United States has been the clear leader in developing new technologies, products and entire industries", the plan states. But, it also states that the U.S. innovation edge is at risk.

It states that "patent pendency has a direct impact on American competitiveness" because the longer it takes to issue a patent, the longer it takes for the patentee to reaps the benefits.

It also states that the USPTO "must adopt more private sector business practices and market-driven services for patent application processing. The traditional ``one-size-fits-all´´ examination timing does not work for all applicants. While seeking an optimal pendency time that is efficient for applicants generally, USPTO will seek to provide applicants greater control over the timing of examination".

"The USPTO must also improve the quality of application review. Without well-defined claims, the value of a patent is uncertain. Uncertainty means risk that a patent is invalid; risk that a patent does not protect the patentee’s product; and risk that a good faith competitor cannot determine its scope to responsibly avoid infringement. Such patents exact a high cost by decreasing public confidence in the IP system."

It also states that "globally integrated economies and companies, along with increased electronic processing capability, require us to have full electronic processing that is safe, secure, and continually available to employees, applicants and stakeholders. While significant challenges to interoperability and standards exist, the USPTO’s strategic plan includes developing an IT system incorporating an operating platform that enables the transition of the patent application process to one in which applications are submitted, handled and prosecuted electronically using fully machine-readable formats and open standards."

This draft plan enumerates eight "Strategic Objectives/Priorities".

  • Provide timely examination of patent applications: Reduce the average time to first office action on the merits for patent applications to 10 months, and average total pendency to 20 months.
  • Improve the quality of patent examination.
  • Improve/enhance patent appeal and post-grant processes.
  • Optimize trademark quality and maintain pendency.
  • Demonstrate global leadership in all aspects of IP policy development.
  • Improve information technology (IT) infrastructure and tools.
  • Implement a sustainable funding model for operations.
  • Improve relations with employees and stakeholders.
USPTO To Allow All Applicants Special Status for Examination Who Abandon a Copending Unexamined Application

6/24. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register in which it announced that it is extending and expanding the Patent Application Backlog Reduction Stimulus Plan.

It is extended through December 31, 2010, or the date that 10,000 applications have been accorded special status. It is expanded to include all applicants. Previously, the Plan only applied to small entity applicants.

See, Federal Register, June 24, 2010, Vol. 75, No. 121, at Pages 36063-36064.

The USPTO published a notice in the Federal Register on November 27, 2009, in which it announced the Patent Application Backlog Reduction Stimulus Plan, effective through February 28, 2010. See, Federal Register, November 27, 2009, Vol. 74, No. 227, at Pages 62285-62287.

The USPTO wrote then that "New patent applications are normally taken up for examination in the order of their United States filing date." However, "The USPTO has a procedure under which an application will be advanced out of turn (accorded special status) for examination if the applicant files a petition to make special with the appropriate showing."

This notice announced that "The USPTO is providing an additional basis under which a small entity applicant may have an application accorded special status for examination if the applicant expressly abandons another copending unexamined application. The application for which special status is sought and the expressly abandoned application must either be owned by the same party or name at least one inventor in common. This procedure allows a small entity applicant who has multiple applications currently pending before the USPTO to have one of the applications accorded special status for examination if the applicant is willing to expressly abandon an application that has not been examined."

The USPTO published a notice in the Federal Register on February 2, 2010, in which it announced the extension of the plan through June 30, 2010. See, Federal Register, February 1, 2010, Vol. 75, No. 20, at Page 5041.

The June notice states that the "USPTO is expanding the Patent Application Backlog Reduction Stimulus Plan to permit all applicants to participate by eliminating the small entity status requirement and adding a few new requirements in view of the expansion. The program is also being extended until December 31, 2010, or the date that 10,000 applications have been accorded special status for examination under the Patent Application Backlog Reduction Stimulus Plan, whichever occurs earlier. These changes allow more applicants to take advantage of the program."

The USPTO notice adds that "Applicants are cautioned to exercise care in filing a letter of express abandonment in an application. The USPTO cannot revive an application once the letter of express abandonment is recognized by the USPTO because the application was expressly and intentionally abandoned by the applicant."

More IP News

7/8. NTP Inc. filed a complaint in the U.S. District Court (EDVa) against Apple, Google, HTC, LG, Microsoft and Motorola alleging patent infringement in connection with technology for delivering e-mail messages to cell phones.

7/2. Ed Black, head of the Computer and Communications Industry Association (CCIA), released a statement regarding ongoing negotiations to draft an Anti-Counterfeiting Trade Agreement (ACTA). He wrote that "If this agreement goes forward, it is going to subject U.S. companies to broad new liability at a time of economic stress. The cost of innovative companies having to defend themselves in foreign courts for activity that is legal in the U.S. could drive these companies out of foreign markets. We need to protect the jobs in the U.S. technology sector -- not foreign IP lawyers." He added that U.S. negotiators "are developing consensus with other nations on issues that are actually quite controversial among the general public and a broad array of industries domestically. This is backwards." Finally, he said that "We call on USTR to make public the latest draft of ACTA, and slow the rush to conclusion until greater consensus develops." Sanford McCoy of the Office of the U.S. Trade Representative (USTR) is scheduled to speak at a panel discussion on the ACTA on Tuesday, July 13, 2010, at 8:30 AM, at Clyde's of Gallery Place, 707 7th St., NW. The other speakers include Matthew Schruers (CCIA), Michael Carroll (American University law school), Steve Metalitz (Mitchell Silberberg & Knupp), Heidi Salow (DLA Piper), and Sarah Stirland.

6/24. The Progress & Freedom Foundation (PFF) issued a statement regarding the June 23, 2010, opinion and order [30 pages in PDF] of the U.S. District Court (SDNY) in Viacom v. YouTube. The District Court held that the activities of YouTube at issue in this action fall within the safe harbor protection of the Digital Millennium Copyright Act (DMCA), which is codified at 17 U.S.C.§ 512(c). See, story titled "District Court Grants Summary Judgment to YouTube in Copyright Infringement Case" in TLJ Daily E-Mail Alert No. 2,100, June 23, 2010. The PFF's Thomas Sydnor wrote that the District Court Judge Louis Stanton's holding is "bizarre" and should be reversed. For example, wrote Sydnor, "Section 512(c)(A)(ii) denies safe-harbor protections to any hosting-site operator that ``is aware of facts and circumstances from which infringing activity is apparent.´´ But Judge Stanton persuaded himself that a hosting-site operator can actually know that ``infringement is 'ubiquitous'´´ on its site, yet be wholly unaware of any ``facts and circumstances from which infringing activity is apparent.´´ Appellate courts should find such self-contradiction most unpersuasive." Sydnor added that "It is tragic and wasteful to force copyright owners to re-litigate Grokster in order to re-establish that federal law does not provide a civil safe-harbor for entities that intentionally induce mass piracy." Finally, he urged copyright owners suing hosting sites that may have intentionally used mass piracy to plead civil violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), which is codified at 18 U.S.C. §§ 1961-1968, on the basis that it contains no safe harbor. 18 U.S.C. § 1962 provides the prohibition. 18 U.S.C. § 1964(c) then provides a private right of action. See also, section titled "Civil RICO Actions" in story titled "Swedish Criminal Court Convicts Pirate Bay Operators" in TLJ Daily E-Mail Alert No. 1,928, April 16, 2009.

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In This Issue
This issue contains the following items:
 • FCC Discloses Data on High Cost Universal Service Subsidies
 • More FCC News
 • USPTO Releases Draft Five Year Plan
 • USPTO To Allow All Applicants Special Status for Examination Who Abandon a Copending Unexamined Application
 • More IP News
Washington Tech Calendar
New items are highlighted in red.
Monday, July 12

The House will not meet. See, Rep. Hoyer's schedule for the week of July 12.

The Senate will meet at 2:00 PM for morning business.

Fourth of four suggested dates for submitting "white papers" to the National Institute of Standards and Technology (NIST) regarding the NIST's Technology Innovation Program (TIP). The other remaining suggested submission dates are May 10, 2010, and July 12, 2010. The final deadline is September 30, 2010. See, notice in the Federal Register, September 4, 2009, Vol. 74, No. 171, at Pages 45823-45825.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Second Further Notice of Proposed Rulemaking [94 pages in PDF] regarding extending automatic roaming obligations to certain mobile data services, including mobile broadband internet access services (BIAS) that are provided without interconnection to the public switched telephone network (PSTN). The FCC adopted and released this item on April 21, 2010. It is FCC 10-59 in WT Docket No. 05-265. See also, notice in the Federal Register, April 28, 2010, Vol. 75, No. 81, Pages 22263-22276.

Deadline to submit initial comments to the Department of Energy (DOE) regarding the communications requirements of utilities, including, but not limited to the requirements of the Smart Grid. See, notice in the Federal Register, June 14, 2010, Vol. 75, No. 113, at Pages 33611-33612.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rule Making (NPRM) regarding unlicensed personal communications services devices in the 1920-1930 MHz band. The FCC adopted this NPRM on May 4, 2010, and released the text [19 pages in PDF] on May 6, 2010. It is FCC 10-77 in ET Docket No. 10-97. See, notice in the Federal Register, June 11, 2010, Vol. 75, No. 112, at Pages 33220-33226.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding regulation of ownership of media companies. The FCC adopted and released this item on May 25, 2010. It is FCC 10-92 in MB Docket No. 09-182. See, notice in the Federal Register, June 11, 2010, Vol. 75, No. 112, at Pages 33227-33237. See also, story titled "FCC Adopts Broadcast Ownership NOI" in TLJ Daily E-Mail Alert No. 2,087, May 26, 2010.

Deadline to initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry and otice of Proposed Rulemaking (NOI and NPRM) [222 pages in PDF] regarding high cost universal service subsidies and broadband. The FCC adopted and released this item on April 21, 2010. It is FCC 10-58 in WC Docket No. 10-90, GN Docket No. 09-51, and WC Docket No. 05-337. See, notice in the Federal Register, May 13, 2010, Vol. 75, No. 92, at Pages 26906-26916.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [24 pages in PDF] regarding whether the FCC should establish a voluntary program under which participating communications service providers would be certified by the FCC or a third party for their adherence to a set of cyber security objectives and/or practices. The FCC adopted and released this NOI on April 21, 2010. This NOI is FCC 10-63 in PS Docket No. 10-93. See, notice in the Federal Register, May 11, 2010, Vol. 75, No. 90, at Pages 26171-26180.

Extended deadline to submit comments to the Federal Trade Commission (FTC) regarding its review of the Children's Online Privacy Protection Act (COPPA) Rule. See, FTC notice.

Tuesday, July 13

The House will meet at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:00 PM. See, Rep. Hoyer's schedule for the week of July 12.

The Senate will meet at 10:00 AM.

8:00 AM - 5:00 PM. Day one of a two day public workshop hosted by the National Nanotechnology Coordination Office (NNCO). The deadline to register is 4:00 PM on July 7, 2010. See, notice in the Federal Register, June 2, 2010, Vol. 75, No. 105, at Pages 30874-30875. Location: Hotel Palomar Arlington, 1121 North 19th Street, Arlington, VA.

8:00 - 10:00 AM. Broadband Census News LLC will host an event titled "The Anti-Counterfeiting Trade Agreement Treaty". The speakers will include Sanford McCoy (Office of the U.S. Trade Representative), Michael Carroll (American University law school), Steve Metalitz (Mitchell Silberberg & Knupp), Heidi Salow (DLA Piper), Matthew Schruers (CCIA), and Sarah Stirland. Breakfast will be served. This event is free and open to the public. Location: Clyde's of Gallery Place, 707 7th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of HR 2765 [LOC | WW], an untitled bill to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Using IT to Create a More Sustainable World". The speakers will be Bill Tomlinson (UC Irving), Skip Laitner and Robert Atkinson (ITIF). See, notice. Location: ITIF, Suite 610A, 1101 K St., NW.

1:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Smart Grid SOS: Will Consumers Abandon Ship?". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting. Location: Room 219, Hart Building.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts and Competition Policy will hold a hearing titled "Impact of China’s Antitrust Law and other Competition Policies on U.S. Companies". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [30 pages in PDF] regarding Section 629 of the Telecommunications Act of 1996, which is codified at 47 U.S.C. § 549(a), and enabling electronics manufacturers to offer smart video devices at retail that can be used with the services of any MVPD and without the need to coordinate or negotiate with MVPDs. The FCC adopted and released this item on April 21, 2010. It is FCC 10-60 in MB Docket No. 10-91, CS Docket No. 97-80, and PP Docket No. 00-67. See, notice in the Federal Register, May 14, 2010, Vol. 75, No. 93, at Pages 27264-27271.

Wednesday, July 14

The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. The schedule for the week also includes consideration, subject to a rule, of HR 1722 [LOC | WW], the "Telework Improvements Act of 2010". See, Rep. Hoyer's schedule for the week of July 12.

8:00 AM - 4:00 PM. Day two of a two day public workshop hosted by the National Nanotechnology Coordination Office (NNCO). The deadline to register is 4:00 PM on July 7, 2010. See, notice in the Federal Register, June 2, 2010, Vol. 75, No. 105, at Pages 30874-30875. Location: Hotel Palomar Arlington, 1121 North 19th Street, Arlington, VA.

9:15 - 11:30 AM. The American Enterprise Institute (AEI) will host an event titled "Export-Control Reform: Security Enhancement and Economic Boom?". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "The Future of Speech on the Borderless Internet". The speakers will be Danielle Citron (University of Maryland School of Law), Steve Sheinberg (Anti-Defamation League), Christopher Wolf (Hogan Lovells), Chuck Cosson (Microsoft), Mark McCarthy (Georgetown University), and Adam Thierer (PFF). See, notice. Lunch will be served. This event is free and open to the public. Location: Hogan Lovells, 555 13th St., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced event titled "June In-house Counsel Antitrust Update". See, notice.

12:15 - 2:00 PM. The The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "A Current View of Doing Business in the Cuban Telecoms Market: What does it mean for U.S. Telecoms Carriers?". The speakers will be Eric Farnsworth (Council of Americas), James Ball (FCC International Bureau), Philip Peters (Lexington Institute), Christopher Sabatini (Council of the Americas), and Linda Wellstein (Wellstein Mora Rodriguez). The FCBA bars reporters from some of its events. Location: Verizon, Suite 400 West, 1300 I St., NW.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Bonus Depreciation: What It Means for Small Business". TechAmerica has argued that bonus depreciation would create investment incentives. See, December 2009 letter to President Obama. Location: Room 2360, Rayburn Building.

1:00 - 4:00 PM. The U.S. Patent and Trademark Office (USPTO) will host set of panel discussions on combating counterfeiting. Three panels will discuss regulatory procedures, criminal procedures, and training and public awareness. The deadline to submit requests to attend is 5:00 PM on July 7. See, notice in the Federal Register, June 24, 2010, Vol. 75, No. 121, Page 36062-36063. Location: USPTO, Madison Auditorium, Concourse Level, 600 Dulany Street, Alexandria, VA.

4:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

5:30 - 7:00 PM. Google will host an event titled "What Does Light Taste Like?". The speakers will be José Andrés (chef) and Vint Cerf (Google). See, notice and registration page. Location: Google, 2nd floor, 1101 New York Ave., NW.

6:00 - 8:00 PM. The DC Bar Association will host a panel discussion titled "Speed Mentoring for Antitrust and Consumer Protection Lawyers". The speakers will be Sondra Mills (Department of Justice, Civil Division, Office of Consumer Litigation) and Don Resnikoff (Finkelstein Thompson). This event is free. Reporters are barred from attending. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

Ron Kirk, the U.S. Trade Representative, will hold a phone meeting with the South Korean Trade Minister Kim Jong-Hoo. See, Office of the USTR notice.

Thursday, July 15

The House will meet at 10:00 AM for legislative business. The schedule for the week includes consideration, subject to a rule, of HR 1722 [LOC | WW], the "Telework Improvements Act of 2010". See, Rep. Hoyer's schedule for the week of July 12.

9:00 AM. Third Way will host an event titled "China: What's Next?". The speakers will include Rep. Adam Smith (D-WA) and Demetrios Marantis (Deputy U.S. Trade Representative). See, notice. Location: The Columbus Club, Union Station, 50 Massachusetts Ave., NW.

10:00 AM. The Senate Banking Committee (SBC) will hold a hearing on the nominations of Janet Yellen, Peter Diamond, and Sarah Raskin to be members of the Federal Reserve Board (FRB). See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will meet to mark up several bills, including S 3304 [LOC | WW], the "Equal Access to 21st Century Communications Act". Location: Room 253, Russell Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "Planning for the Future of Cyber Attack Attribution". The witnesses will be David Wheeler (Institute for Defense Analyses), Robert Knake (Council on Foreign Relations), Ed Giorgio (Ponte Technologies), and Marc Rotenberg (Electronic Privacy Information Center). The HSC will webcast this event. For more information, contact Karly Schledwitz at 202-225-6375 or karly dot schledwitz at mail dot house dot gov. Location: Room 2318 Rayburn Building.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:30 - 2:30 PM. The DC Bar Association will host a panel discussion titled "The ABCs of IP: A Primer on Patent, Copyright, and Trademark Law". The speakers will be Janet Fries (Drinker Biddle & Reath), Gary Krugman (Sughrue Mion), Steven Warner (Fitzpatrick Cella), and Mark Williamson (Fitzpatrick Cella). The price to attend ranges from $25 to $35. Reporters are barred from attending most DC Bar events. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "e-Discovery in Small Cases". See, notice.

2:00 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Protecting Youths in an Online World". See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host a panel discussion titled "Antitrust Investigations: Tactical and Ethical Issues". The speakers will be Ann O'Brien (Department of Justice), Ray Hartwell (Hunton & Williams), Kathryn Fenton (Jones Day), and Donald Klawiter (Sheppard Mullin). The price to attend ranges from $89 to $129. Reporters are barred from attending most DC Bar events. This event qualifies for CLE credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

11:59 PM. Deadline to submit requests for money from the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) under its Technology Innovation Program (TIP). See, notice in the Federal Register, April 19, 2010, Vol. 75, No. 74, at Pages 20326-20334, and notice in the Federal Register, June 11, 2010, Vol. 75, No. 112, at Pages 33268-33269.

Demetrios Marantis (Deputy U.S. Trade Representative) will meet with Japanese Senior Vice Minister Takemasa of the Foreign Ministry. See, Office of the USTR notice.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [64 pages in PDF] that proposes to reclassify broadband internet access services as Title II services. The FCC adopted and released this NOI on June 17, 2010. It is FCC 10-114 in GN Docket No. 10-127. See, stories titled "FCC Adopts Broadband Reclassification NOI", "Reaction to FCC Reclassification NOI", and "Congress, the FCC, and Broadband Regulation " in TLJ Daily E-Mail Alert No. 2,097, June 18, 2010. See also, story titled "FCC Employs Fast Tracking and Stacking in Reclassification Proceeding" in TLJ Daily E-Mail Alert No. 2,098, June 21, 2010. See also, notice in the Federal Register, June 24, 2010, Vol. 75, No. 121, at Pages 36071-36088.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rule Making (NPRM) regarding amateur radio use of the allocation at 5 MHz. The FCC adopted this NPRM on May 4, 2010, and released the text on May 7, 2010. It is FCC 10-76 in ET Docket No. 10-98. See, notice in the Federal Register, June 15, 2010, Vol. 75, No. 114, at Pages 33748-33752.

Deadline for the Federal Communications Commission (FCC) to respond to questions from the House Commerce Committee (HCC) regarding constructing and maintaining a nationwide interoperable public safety broadband network. See, HCC letter.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding Global-Tel Corporation's March 4, 2010, Petition for Expedited Clarification and Declaratory Ruling regarding application of the Telephone Consumer Protection Act (TCPA). This PN is DA 10-997 in CG Docket No. 02-278. See, notice in the Federal Register, June 30, 2010, Vol. 75, No. 125, at Pages 37803-37804.

Friday, July 16

Rep. Hoyer's schedule for the week of July 12 states that the House will meet at 10:00 AM for legislative business.

5:00 PM. Deadline to register to attend the U.S. Patent and Trademark Office (USPTO) July 20, 2010, hearing regarding its proposed three track patent examination system. See, notice in the Federal Register, June 4, 2010, Vol. 75, No. 107, at Pages 31763-31768. See also, story titled "USPTO Proposes Three Track Patent Examination System" in TLJ Daily E-Mail Alert No. 2,092, June 4, 2010.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-131 [27 pages in PDF] titled "Recommendation for the Transitioning of Cryptographic Algorithms and Key Lengths".

Monday, July 19

11:00 AM - 3:00 PM. The Federal Communications Commission (FCC) and the Department of Commerce (DOC) will host an event titled "Technology Showcase". The agenda also includes speeches and the showing of a video. This event pertains to the impact of technology on people with disabilities. See, notice. Location: Main Foyer, DOC, 1401 Constitution Ave., NW.

12:15 - 1:30 PM. The Executive Office of the President's (EOP) Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) will host a meeting regarding enforcement of intellectual property laws. Victoria Espinel (IPEC) will speak. Reporters are barred. The Federal Communications Bar Association (FCBA) states that this is an FCBA event. Location: Hogan Lovells, 555 13th St., NW.

5:00 PM. Deadline to register to attend the two day joint meeting of the Federal Communications Commission (FCC) and Food and Drug Administration (FDA) titled "Enabling the Convergence of Communications and Medical Systems: Ways to Update Regulatory and Information Processes". See, FCC Public Notice (DA 10-1071 in ET Docket No. 10-120).

Extended deadline to submit comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) regarding interoperability, out-of-band emissions, and equipment certification for 700 MHz public safety broadband networks. See, May 18, 2010, public notice, and June 14, 2010, public notice extending the deadline.