7/12. The state of California filed its merits brief [PDF] with the Supreme Court in Schwartzenegger v. EMA & ESA., a case regarding whether states can mandate the labeling of violent video games without violating the First Amendment free speech rights of game publishers.

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 Governor Arnold Schwarzenegger and others challenging the constitutionality of the act. The District Court held the act unconstitutional.

California appealed. The Court of Appeals affirmed. 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.

The Supreme Court granted certiorari on April 26, 2010. See, story titled "Supreme Court Grants Cert in Video Game 1st Amendment Case" in TLJ Daily E-Mail Alert No. 2,081, April 30, 2010.

California's brief states that its "prohibition on the sale of offensively violent video games to minors is constitutional. Whatever First Amendment value these games may possess for adults, such games are simply not worthy of constitutional protection when sold to minors without parental participation. There is no sound basis in logic or policy for treating offensively violent, harmful material with no redeeming value for children any different than sexually explicit material."

It continues that "The Act promotes parental authority to restrict unsupervised minors' ability to consume a narrow category of material in order to protect minors’ physical and psychological welfare, as well as their ethical and moral development. California has a vital interest in supporting parental supervision over the amount of offensively violent material minors consume. The Act ensures that parents -- who have primary responsibility for the well-being of minors -- have an opportunity to involve themselves in deciding what level of video game violence is suitable for a particular minor. In doing so, the Act does not impinge upon the rights of adults, as it was deliberately structured to accommodate parental authority over minors while leaving access by adults completely unfettered."

Michael Gallagher, head of the Entertainment Software Association (ESA), stated in a release that "Computer and video games are First Amendment protected speech. There is an unbroken chain of more than a dozen previous court rulings agreeing. Courts across the country recognize that computer and video games, like other protected expression such as movies, books, and music, have an artistic viewpoint, and use sounds and images to create an experience and immerse the player in art. That is why other courts have unanimously affirmed that video games are entitled to the same constitutional protection as movies, music, books, and other forms of art."

He continued that "California's law is no different than others before it. It is clearly unconstitutional under First Amendment principles. We look forward to presenting our arguments in the Supreme Court of the United States and vigorously defending the works of our industry’s creators, storytellers and innovators."

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.

7/14. Federal Communications Commission (FCC) Chairman Julius Genachowski sent a letter to Sen. John Rockefeller (D-WV), the Chairman of the Senate Commerce Committee (SCC), regarding an inventory of the use of spectrum by licensees and users.

Genachowski sent a substantially identical letter to Sen. John Kerry (D-MA). Sen. Rockefeller and Sen. Kerry sent a letter to Genachowki on May 28, 2010, in which they urged the FCC "to immediately begin a comprehensive inventory of the use of radio spectrum by non-federal government licensees and users under the" FCC's jurisdiction.

Genachowski (at left) wrote in the instant letters that "In order to move as expeditiously as possible in response to your request, I have already met with Assistant Secretary of Commerce for Communications and Information and NTIA Administrator Lawrence Strickling. We discussed our mutual commitment to spectrum policy that meets our nation's forward-looking needs. More specifically, we agreed to coordinate intergovernmental efforts to generate a comprehensive spectrum inventory."

He added that "we have conducted work that provides a foundation for a spectrum inventory", such as the creation of a "Spectrum Task Force", and the institution of a "Spectrum Dashboard".

FCC Commissioner Meredith Baker also issued a statement. "I am very pleased the Chairman has indicated his intention to proceed with an inventory of commercial spectrum in the US. I fully support this important initiative. I believe a comprehensive commercial spectrum inventory is critical to the development of spectrum policies to drive innovation, investment and deployment of state-of-the art-wireless networks and technologies in the coming years."

Baker (at right) continued, "I also hope that the inventory can be completed as quickly as possible and form the foundation for a comprehensive spectrum database. I will seek to ensure that the inventory's outputs are coordinated with and useful to other government agencies and especially that they are easily accessible to potential innovators and entrepreneurs."

Legislation. There is pending legislation in Congress that would require the FCC and NTIA to conduct a spectrum inventory. See, HR 3125 [LOC | WW] and S 649 [LOC | WW], both titled the "Radio Spectrum Inventory Act".

The SCC amended and approved one version on July 8, 2009. The SCC approved another version on March 9, 2010. See, story titled "Senate Commerce Committee Reports Radio Spectrum Inventory Act" in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010. However, the full Senate has not passed a bill.

Rep. Henry Waxman (D-CA), Rep. Rick Boucher (D-VA) and others introduced the House bill on July 8, 2009. See,  story titled "Representatives Introduce Spectrum Inventory Bill" in TLJ Daily E-Mail Alert No. 1,968, July 9, 2009. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet amended and approved HR 3125 on January 21, 2010. See, story titled "House Communications Subcommittee Approves Spectrum Bills" in TLJ Daily E-Mail Alert No. 2,038, January 25, 2010. The full HCC amended and approved the bill on March 10, 2010. See, story titled "House Commerce Committee Approves Radio Spectrum Inventory Act" in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010. The House passed the bill on April 14, 2010. See, story titled "House Passes Radio Spectrum Inventory Act" in TLJ Daily E-Mail Alert No. 2,078, April 15, 2010.

The Senate has not passed the House bill.

Sen. Rockefeller and Sen. Kerry wrote in their May 28 letter that "despite our repeated attempts to pass the bill through the full Senate, we remain at a stalemate."

That is, proponents of the concept have tried, but failed, to pass a spectrum inventory bill. Consequently, proponents now employ the FCC in one of its primary functions -- acting as the agent of members of the Congress and the President when the Congress does not act in the Constitutionally specified manner.

White Spaces. In addition, Sen. Kerry wrote to Genachowski on June 14 urging the FCC to "move expeditiously to conclude the TV white spaces proceeding". Also, Baker gave a speech [4 pages in PDF] the next day in which she urged the FCC to conduct a spectrum inventory and conclude it white spaces proceeding. See, stories titled "Sen. Kerry and Sen. Snowe Write FCC Regarding White Spaces" and "Baker Addresses White Spaces" in TLJ Daily E-Mail Alert No. 2,095, June 16, 2010.

Genachowski's July 14 letter does not address white space spectrum.

7/14. The House passed HR 1722 [LOC | WW], the "Telework Improvements Act of 2010", by a vote of 290-131. See, Roll Call No. 441.

This bill pertains only to teleworking at federal government agencies. It would do nothing to promote, or reduce barriers to, teleworking in the private sector.

This bill requires federal agencies to establish a plan that authorizes employees to telework. It requires agencies to designate a Telework Managing Officer. It provides for the promulgation of telework regulations by the Office of Personnel Management (OPM). It also provides for the Government Accountability Office (GAO) to evaluate and report on agency telework programs.

Rep. John Sarbanes (D-MD) introduced this bill on March 25, 2009.

The House Oversight and Government Reform Committee (HOGRC) Subcommittee on Federal Workforce, Post Office, and the District of Columbia amended and approved the bill on March 24, 2010. The full HOGRC amended and approved the bill on April 14, 2010.

The House failed to pass the bill on May 6, 2010, by a vote of 268-147. See, Roll Call No. 251. It was considered under suspension of the rules, which requires a two-thirds majority for passage.

In May, Democrats voted 244-0, while Republicans voted 24-147. In the July 14 vote, Democrats voted 245-2, while Republicans voted 45-129. That is, the bill passed the second time around because an additional score of Republicans joined in supporting the bill.

Rep. Sarbanes (at right) stated that "A robust telework program will not only improve government operations during a disaster, it could be used as a tool to reduce traffic congestion in the DC area. Telework has a positive impact on productivity, quality of life and the environment. If fully integrated, it can save taxpayers money by increasing efficiency, reducing federal office space and improving employee retention." See also, HOGRC release and Rep. Sarbanes' release.

Rep. Ed Towns (D-NY), the Chairman of the HOGRC, stated that "Providing employees with the ability to telework will help prevent loss of productivity in the Federal government during periods of severe and hazardous weather and improve preparedness in the event of an emergency."

Rep. Bob Wittman (R-VA), one of the Republicans who voted for the bill, stated in a release that "This bill will help ensure that Federal employees who are eligible to telework are able to do so and have access to facilities that can accommodate them".

He is also the sponsor of a bill that would promote teleworking in the private sector. See, related story in this issue titled "Congress Inactive on Private Sector Telework Bills".

The Senate has not passed this bill. However, S 707 [LOC | WW], the "Telework Enhancement Act of 2010", has many similarities to HR 1722. The Senate passed that bill on May 24, 2010.

7/14. The 111th Congress could enact legislation that incents teleworking in the private sector. However, it is not doing so.

The Congress could, for example, create an telework tax credit for employers and/or employees to incent greater use of teleworking. This would be accomplished by amending the Internal Revenue Code to provide a credit against income tax for expenses associated with teleworking.

Moreover, there are many such legislative proposals in the current Congress. See, for example:

• HR 2826 [LOC | WW], the "Family Work Flexibility Act of 2009", introduced by Rep. Melissa Bean (D-IL) on June 11, 2009.
• Section 11 of HR 3271 [LOC | WW], the "Green Routes to Work Act", introduced by Rep. Earl Blumenauer (D-OR), on July 21, 2009.
• HR 4348 [LOC | WW], the "Telework Tax Incentive Act", introduced by Rep. Rob Wittman (R-VA) on December 16, 2009.
• S 1291 [LOC | WW], the "Family Work Flexibility Act of 2009", introduced by Sen. Kirsten Gillibrand (D-NY) on June 18, 2009. This is the companion bill to HR 2826.

None of these bills have been passed by either the House of Senate, or any committee or subcommittee. None has received a hearing.

Similarly, the Congress could address the employee deduction for business use of home, and acquisition of information technology and communications equipment and services, for teleworking purposes.

Congress could also address the Internal Revenue Service's (IRS) attribution of employer expenditures to provide employees with information technology and communications equipment and services that enable teleworking as taxable income of the employees.

Congress could also address the problem of taxation by multiple jurisdictions of teleworking employees. That is, some states aggressively impose state income taxation upon individuals who do not live in their states, but have a teleworking connection to the state. Such individuals may also be subject to state income taxation in the state in which they reside. This disincents teleworking.

The state of New York has a history. See, stories titled "Supreme Court Denies Cert in Challenge to State Income Tax on Out of State Teleworkers" and "Connecticut Legislators Seek End to New York's Taxation of Out of State Workers" in TLJ Daily E-Mail Alert No. 1,244, November 1, 2005.

For legislative proposals to address this barrier to telecommuting, see for example:

• S 2785 (108th Congress), the "Telecommuter Tax Fairness Act of 2004".
• S 1097 (109th Congress), the "Telecommuter Tax Fairness Act of 2005".
• S 785 (110th Congress) [LOC | WW], the "Telecommuter Tax Fairness Act of 2007", sponsored by Sen. Chris Dodd (D-CT) and Sen. Joe Lieberman (D-CT).
• HR 2558 (109th Congress), the "Telecommuter Tax Fairness Act of 2005", sponsored by former Rep. Chris Shays (D-CT).
• HR 1360 (110th Congress) [LOC | WW], the "Telecommuter Tax Fairness Act of 2007", sponsored by former Rep. Chris Shays (D-CT).
• HR 2600 (111th Congress) [LOC | WW], the "Telecommuter Tax Fairness Act of 2009", introduced by Rep. James Himes (D-CT) on May 21, 2009.

The Congress could also address the high and burdensome level of federal, state and local taxation of communications services. It could also eliminate the specter of OSHA regulation of home offices.

7/14. President Obama nominated Beryl Howell to be a Judge of the U.S. District Court for the District of Columbia. See, White House news office release and release. From 2003 to 2009, she was Executive Managing Director and General Counsel of Stroz Friedberg. Before that, she was a Senate Judiciary Committee (SJC) staff assistant to Sen. Patrick Leahy (D-VT).

7/14. President Obama nominated Victoria Nourse to be a Judge of the U.S. Court of Appeals for the 7th Circuit. See, White House news office release and release. She is a professor at the University of Wisconsin law school.

7/14. President Obama nominated Marco Hernandez and Michael Simon to be Judges of the U.S. District Court for the District of Oregon. See, White House news office release and release. Hernandez is a state court Judge. Simon is a partner in the Portland, Oregon, office of the law firm of Perkins Coie. Long ago he was a trial attorney in the Department of Justice's (DOJ) Antitrust Division.

7/14. President Obama nominated Steve Jones to be a Judge of the U.S. District Court for the Northern District of Georgia. See, White House news office release and release. He is a long time state court Judge.

7/14. President Obama renominated (for a different seat) Sue Myerscough to be a Judge of the U.S. District Court for the Central District of Illinois. See, White House news office release and release.

7/14. President Obama nominated Diana Saldaña to be a Judge of the U.S. District Court for the Southern District of Texas. See, White House news office release and release. She is currently a federal Magistrate Judge.

7/14. Joan McKown, Chief Counsel of the Securities and Exchange Commission's (SEC) Division of Enforcement, will leave the SEC. She will join the Washington DC office of the law firm of Jones Day.

7/14. The Association of American Publishers (AAP) stated in a release that book sales for the month of May "increased by 9.8% percent on the prior year to $715.3 million and were up by 11.6 percent for the year-to-date". It also stated that "Physical Audio Book sales posted an increase of 5.1 percent in May with sales totaling $12.9 million; sales for the to-date are up by 13.1 percent. Downloaded Audio Books increased 72.9 percent on last year, with sales of $5.9 million this May; the category was also up 33.3 percent year-to-date. E-book sales grew 162.8 percent for the month ($29.3 million), year-to-date eBook sales are up 207.4 percent. Year-To-Date E-book sales of the 13 submitting publishers to that category currently comprise 8.48 % of the total trade books market, compared to 2.89% percent for the same period last year".

7/14. The Federal Communications Commission (FCC) adopted and released a Report and Order [18 pages in PDF] that amends the FCC's amateur radio service rules "to permit amateur radio operators to transmit messages, under certain limited circumstances, during either government-sponsored or non-government sponsored emergency and disaster preparedness drills, regardless of whether the operators are employees of entities participating in the drill". This item is FCC 10-124 in WP Docket No. 10-72 and WP Docket No. 10-54.

7/14. The Department of Homeland Security (DHS) issued a release in which it announced the winners of its National Cybersecurity Awareness Challenge.

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, and schedule for July 14.

The Senate will meet at 10:00 AM.

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 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.

RESCHEDULED FOR JULY 15. 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.

The House will meet at 10:00 AM for legislative business. It will consider HR 5114 [LOC | WW], the "Flood Insurance Reform Priorities Act of 2010", subject to a rule. See, Rep. Hoyer's schedule for the week of July 12, and schedule for July 15.

The Senate will meet at 9:30 AM. It will resume consideration of the conference report to accompany HR 4173 [LOC | WW], the "Restoring American Financial Stability Act of 2010", a massive (1616 pages in PDF) bill to expand federal regulation of financial services. The House approved this conference report on June 30, 2010. See, Roll Call No. 413.

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". See, notice. 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". See, agenda. 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". The witnesses will be Jessica Rich (Federal Trade Commission), Hemanshu Nigam (News Corporation), Jeff McIntyre (Children Now), Michelle Collins ( National Center for Missing and Exploited Children), and Dane Snowden (CTIA). See, notice. Location: Room 253, Russell Building.

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

RESCHEDULED FROM JULY 14. 4:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The witnesses will be Mary Helen Murguia (nominated to be a Judge of the U.S. Court of Appeals for the 9th Circuit), Edmond E-Min Chang (USDC/NDIll), Leslie Kobayashi (USDC/DHawaii), Denise Casper (USDC/DMass), and Carlton Reeves (USDC/SDMiss). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

5:30 - 7:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Decoding Digital Activism". The speakers will include Robin Lerner (Counsel, Senate Foreign Relations Committee), Katharine Kendrick (Department of State), and others. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

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.

Rep. Hoyer's schedule for the week of July 12 states that the House will meet at 10:00 AM for legislative business. On July 14 House leaders announced that there will be no votes.

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".

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.

8:00 - 10:00 AM. Broadband Census News LLC will host an event titled "The Smart Grid, Telecommunications and the Electric Infrastructure". The speakers will include Brett Kilbourne (Utilities Telecom Council), Nick Sinai (FCC), and Cynthia Brumfeld (UTC). Breakfast will be served. The price to attend is $47.12. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 AM. Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC). Most of this meeting is closed to the public. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Page 39955. Location: 4075 Wilson Blvd., Liberty Conference Center, 3rd floor, Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Elena Kagan to be a Justice of the Supreme Court and James Cole to be Deputy Attorney General. See, notice. The SJC will webcast this event. Location: Room 216, Hart Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Investigations and Oversight will hold a hearing titled "Building a Science of Economics for the Real World". Location: Room 2318, Rayburn Building.

The Federal Communications Commission's (FCC) Auction 88 (construction permits for 11 commercial FM stations, one commercial FM translator station, and one commercial AM station) is scheduled to begin. See, FCC's June 7, 2010, Public Notice (DA 10-1009).

1:00 PM. The House Ways and Means Committee will hold a hearing titled "Efforts to Promote the Adoption and Meaningful Use of Health Information Technology". See, notice. Location: Room 1100, Longworth Building.

1:30 PM. The U.S. Patent and Trademark Office (USPTO) will hold a meeting regarding its proposed three track patent examination system. The deadline to register to attend is 5:00 PM on July 16. The deadline to submit written comments is August 20, 2010. 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. Location: USPTO, South Auditorium, Madison West, 600 Dulany Street, Alexandria, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding revising its Part 17 rules regarding the construction, marking, and lighting of antenna structures. The FCC adopted this NPRM on April 12, 2010, and released the text [54 pages in PDF] on April 20, 2010. It is FCC 10-53 in WT Docket No. 10-88. See, notice in the Federal Register, May 21, 2010, Vol. 75, No. 98, at Pages 28517-28540.

9:00 AM. Day two of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC). Most of this meeting is closed to the public. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Page 39955. Location: 4075 Wilson Blvd., Liberty Conference Center, 3rd floor, Arlington, VA .

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will hold meeting "to discuss issues related to foreign ownership of common carrier wireless licenses under section 310(b)(4) of the Communications Act". Staff from the FCC's International Bureau and Office of the General Counsel (OGC) will preside. Reporters may be barred from attending this event. The FCBA asserts that this is a FCBA event. Location: Verizon, Suite 400 West, 1300 I St., NW.

TIME? The American Bar Association's (ABA) Section of Intellectual Property Law will host a webcast and teleconferenced event titled "Bilski vs. Kappos: When Is a ``Process´´ Patentable?".

Deadline to submit requests to the Consumer Electronics Association (CEA) to speak at the convention titled "2011 International CES", to be held on January 6-9, 2011, in Las Vegas, Nevada.

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