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July 20, 2010, Alert No. 2,108.
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Genachowski Discusses ADA and Disability Access in Communications and Virtual World

7/19. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech titled "Empowering Americans with Disabilities Through Technology".

He said that the Americans with Disabilities Act (ADA) "has helped millions of people navigate the physical world. Now these same people need to navigate the virtual world as well.

Julius GenachowskiGenachowski (at left) said that "People with disabilities are at an unacceptable disadvantage in connecting with the world today."

He also discussed shifting to e-readers from paper textbooks. "E-textbooks that can be personalized can bring enormous opportunities for children with disabilities -- for example, children with hearing challenges, or autism."

The Department of Justice (DOJ), rather than the Federal Communications Commission (FCC), has already acted to regulate the design of e-book readers. See, story titled "DOJ CRD Regulates eBook Reader Designs" also in TLJ Daily E-Mail Alert No. 2,080, April 26, 2010

He also said that "Another example of our commitment to collaboration: as many of you know, the Senate Commerce Committee recently approved disabilities legislation focused on modernizing accessibility standards for the latest technologies. We, at the FCC, look forward to working with the Committee and Congress as a resource on their efforts."

The Senate Commerce Committee (SCC) has already marked up its bill to give the FCC broad new authority to regulate the design of computers, cell phones, video players, electronic devices, computers, cell phones, video players, as well as software and services. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet marked up its bill on June 30. See, story titled "Senate Commerce Committee Approves Disability Access Bill" in TLJ Daily E-Mail Alert No. 2,107, July 19, 2010.

Notably, both committees held hearings, without any witness from the FCC to testify and answer questions regarding which technologies do or do not afford access to which disability groups, the FCC's current ability to provide for disability access, or the FCC's expert advice regarding the need for new FCC authority and/or how that authority might be structured.

He also said that the "promise of the ADA" is "that every American, with or without a disability, should be able to enjoy full and equal access to the latest and best communications technologies".

Genachowski said nothing in the prepared text of this speech regarding the assertions made by DOJ officials that Title III of the ADA applies to internet, web sites, software, electronic devices, and other information technologies, and their statements of intent to write regulations.

The Chairman also said that "this morning the FCC issued a Public Notice seeking public input on how wireless devices -- including smart phones -- can be made accessible to people who are blind or have low vision, including those who are both deaf and blind." See, related story in this issue titled "FCC Releases Two Public Notices Regarding Disability Access".

FCC Releases Two Public Notices Regarding Disability Access

7/19. The FCC released two Public Notices (PNs) regarding disability access. It released one Public Notice regarding wireless phones, and another Public Notice regarding accessibility of FCC proceedings.

Wireless Public Notice. This notice states that "we are concerned that people who are blind or have other vision disabilities have few accessible and affordable wireless phone options", and that "many wireless technologies may not be compatible with Braille displays needed by individuals who are deaf-blind".

The notice states that there is software and assistive technologies available that enables disability access, but that it is "expensive".

The FCC asks for comments on six topics. First, the FCC asks for information about "wireless phone features and functions in the current marketplace that are not accessible for people who are blind, have vision loss, or are deaf-blind and the extent to which gaps in accessibility are preventing wireless communication access by these populations".

Second, it asks about "cost and feasibility of technical solutions to achieve wireless accessibility for these populations".

Third, it asks for "Reasons why there are not a greater number of wireless phones -- particularly among less expensive or moderately-priced handset models -- that are accessible to people who are blind or have vision loss".

Fourth, it asks for about "Technical obstacles, if any, to making wireless technologies compatible with Braille displays, as well as the cost and feasibility of technical solutions to achieve other forms of compatibility with wireless products and services for people who are deaf-blind".

Fifth, it ask for "Recommendations on the most effective and efficient technical and policy solutions for addressing the needs of consumers with vision disabilities, including those who are deaf-blind."

Finally, it asks for "Recommendations on actions that our bureaus or the Commission should take to address the current lack of access."

Gary Shapiro, head of the Consumer Electronics Association (CEA), testified before a House Subcommittee on June 10, 2010, that there are a "great number of products on the market which serve the needs of many in the disability community".

He said, citing CNET, that "190 wireless phones are hearing aid compatible, 401 are TTY compatible, 1,244 have vibrating alert capability, five allow audible battery alert and 304 have voice control capability". He also addressed "caption-enabled mobile media devices ranging from Blackberries to iPhones and the Sling Player Mobile, as well as wireless carrier guidance for accessible products and services and GPS software and devices for the visually impaired". See, prepared testimony.

This PN is DA 10-1324. This PN does not disclose a docket number. Initial comments are due by September 13, 2010. Reply comments are due by September 30, 2010.

FCC Accessibility Public Notice. The FCC released a second Public Notice (PN), also dated July 19, 2010, that pertains to the accessibility of FCC proceedings.

The PN states that "seeks comment on the overall accessibility of the Commission’s activities and programs. This includes, but is not limited to, the availability of sign language interpreters, physically accessible buildings and meeting spaces, Braille documents, assistive listening devices, Communication Access Realtime Translation (CART), captioning, and other forms of reasonable accommodation needed for access to Commission programs and activities."

For events such as open meetings, the FCC provides access to mobility disabled persons via, among other things, webcasts. It provides access to deaf persons with captioning, sign language interpretation, and publication of texts.

However, the FCC's open meetings are largely ceremonial events. The FCC conducts much of its activities and operations in processes that exclude access by reporters, and other persons, without discrimination on the basis of disability.

This PN is DA 10-1325 in CG Docket No. 03-123. All comments are due by September 20, 2010.

More Disability News

7/20. The House Commerce Committee (HCC) announced, with only one day notice, that it will meet to mark up HR 3101 [LOC | WW], the "Twenty-First Century Communications and Video Accessibility Act of 2010", on Wednesday, July 21, 2010. This bill would, among other things, give the FCC authority to regulate the design of certain computing, communications, video, and other devices, software and services. See, amendment in the nature of a substitute [57 pages in PDF] approved by the HCC's Subcommittee on Communications, Technology and the Internet on June 30, 2010. See, HCC's notice and hearing memorandum [13 pages in PDF]. The Senate Commerce Committee (SCC) amended and approved its version of this bill, S 3304 [LOC | WW], also titled the "Equal Access to 21st Century Communications Act", on Thursday, July 15, 2010. See, story titled "Senate Commerce Committee Approves Disability Access Bill", and related stories, in TLJ Daily E-Mail Alert No. 2,107, July 19, 2010.

7/20. The Department of Justice's (DOJ) Civil Rights Division (CRD) announced that it has entered into three TRS related settlement agreements with the town of Pomfret in the state of Connecticut, Wilson County in the state of North Carolina, and Pearl River County in the state of Mississippi. The CRD publishes settlement agreements in its web site. See, CRD web page with hyperlinks to settlement agreements. However, as of July 20 it had not published these documents. The DOJ stated in a release, release and release that the Pomfret, Wilson County and Pearl River County documents, respectively, cover "telephone relay service" and "training staff in using the relay service for telephone communications". The DOJ/CRD proceeding in this case under Title II of the Americans with Disabilities Act (ADA), which prohibits discrimination by state and local governments. See, story titled "Summary and the ADA" in TLJ Daily E-Mail Alert No. 2,080, April 26, 2010. The DOJ/CRD has also employed Title II to regulate the design of consumer electronics equipment by targeting state educational institutions that purchase such devices. See, story titled "DOJ CRD Regulates eBook Reader Designs" also in TLJ Daily E-Mail Alert No. 2,080.

7/19. The National Telecommunications and Information Administration (NTIA) announced that it has given $15 to Communication Service for the Deaf, Inc. (CSD) to "expand broadband adoption among people who are deaf and hard of hearing", pursuant to HR 1 [LOC | WW], the huge spending bill passed by the Congress in February of 2009. The NTIA added that this is part of its second round of Broadband Technology Opportunities Program (BTOP) grant awards. It stated that "CSD plans to add new staff, proficient in sign language, to its contact center in South Dakota and expects to train up to 200,000 people who are deaf and hard of hearing in the use of video, real-time text-based communications, and other specialized broadband technologies. The project also intends to facilitate improved access to enhanced 911 public safety services by those who are deaf or hard of hearing." See, NTIA release.

People and Appointments

7/20. The Senate Judiciary Committee (SJC) approved the nomination of Elena Kagan to be a Justice of the Supreme Court by a vote of 13-6. See also, statement by Sen. Patrick Leahy (D-VT), statement by Sen. Jeff Sessions (R-AL), and statement by President Obama.

7/20. The Senate Judiciary Committee (SJC) approved the nomination of James Cole to be Deputy Attorney General. See also, statement by Sen. Patrick Leahy (D-VT).

7/20. The Center for Democracy and Technology (CDT) appointed four new board members: Bill Bernstein (Manatt Phelps & Phillips), Pamela Harbour (former FTC Commissioner), Doug Lowenstein (head of the Private Equity Council), and Jimmy Wales (founder of Wikipedia).

7/19. President Obama nominated Philip Coyle to be an Associate Director of the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP). Obama gave him a recess appointment on July 7, 2010. See, White House news office release of July 19, and release of July 7..

7/15. The Senate Banking Committee (SBC) held a hearing on the nominations of Janet Yellen, Peter Diamond, and Sarah Raskin to be members of the Federal Reserve Board (FRB). See, prepared testimony of Yellen, prepared testimony of Diamond, and prepared testimony of Raskin. See also, opening statement of Sen. Chris Dodd (D-CT), the Chairman of the SBC.

More News

7/20. The Federal Communications Commission (FCC) released a report [143 pages in PDF] titled "Sixth Broadband Deployment Report". The FCC adopted this item on July 16, 2010, and released the text on July 20, 2010. It is FCC 10-129 in GN Docket No. 09-137 and GN Docket No. 09-51.

7/20. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech in Washington DC to the Minority Media and Telecom Council. He made a number of broad statements. He said that "promoting equal opportunity, driving private sector investment, fostering an environment where new and emerging businesses can thrive" are important. He said that "entrepreneurs shouldn't have to ask permission to innovate online"; although, he was referring to "preserving internet freedom", and the "the freedom to connect, create and communicate online ", and not other areas of FCC regulation.

7/20. The Government Accountability Office (GAO) released a report [20 pages in PDF] titled "Information Technology: OMB’s Dashboard Has Increased Transparency and Oversight, but Improvements Needed".

7/20. The Department of Commerce (DOC) announced that Commerce Secretary Gary Locke met in Washington DC with Korea's Minister of Knowledge Economy Kyunghwan Choi regarding the US Korea Free Trade Agreement. The DOC stated in a release the "Both expressed support for removing barriers to trade, including finding a way forward on the U.S.-Korea Free Trade Agreement (KORUS FTA). They agreed that the KORUS FTA has the potential to provide significant benefits to manufacturers, service providers, farmers, ranchers and workers in both the United States and Korea."

7/20. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register regarding "treatment of letters submitted by applicants and patentees stating that the USPTO's patent term adjustment determination indicated on a notice of allowance, issue notification, or patent, is greater than what the applicant or patentee believes is appropriate". The USPTO announced that it "will place these letters in the file of the application or patent without further review. The USPTO will no longer review these letters or issue certificates of correction on the basis of a review of these letters. If the applicant or patentee wants the USPTO to reconsider its patent term adjustment determination, the applicant or patentee must use the procedures set forth in 37 CFR 1.705 for requesting reconsideration of a patent term adjustment determination. A patentee may also file a terminal disclaimer disclaiming any period considered in excess of the appropriate patent term adjustment. However, the USPTO does not require an applicant or patentee to file either a request for reconsideration under 37 CFR 1.705 or a terminal disclaimer when the patent term adjustment indicated on a notice of allowance, issue notification, or patent is greater than what the applicant or patentee believes is appropriate." See, Federal Register, July 20, 2010, Vol. 75, No. 138, at Pages 42079-42080.

7/19. The Federal Trade Commission (FTC) announced in a release that its "has joined an agreement with privacy enforcement authorities from other member economies of the Asia Pacific Economic Cooperation forum". The FTC added that "The APEC privacy enforcement agreement, known as the Cross-border Privacy Enforcement Arrangement, also advances the FTC’s use of the U.S. SAFE WEB Act. Signed into law in 2006, in recognition of the fact that spam, spyware, fraud, and other practices harmful to consumers are increasingly global in nature, the Act expands the FTC’s authority to share information and work cooperatively with foreign law enforcement agencies.  The Act also gives the FTC enhanced authority to protect the confidentiality of information from foreign sources."

7/16. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and National Institute of Standards and Technology (NIST) announced the "completion of an initiative" with the Internet Corporation for Assigned Names and Numbers (ICANN) and VeriSign. See, release. The NTIA and NIST stated that this is this "marks full deployment of a security technology -- Domain Name System Security Extensions (DNSSEC) -- at the Internet’s authoritative root zone (i.e. the address book of the Internet), which will help protect Internet users against cache poisoning and other related cyber attacks." (Parentheses in original.)

7/15. The Senate Commerce Committee (SCC) held a hearing titled "Protecting Youths in an Online World". See, prepared testimony [16 pages in PDF] of Jessica Rich (Federal Trade Commission), prepared testimony [7 pages in PDF] Hemanshu Nigam (News Corporation), prepared testimony [3 pages in PDF] of Jeff McIntyre (Children Now), prepared testimony [6 pages in PDF] of Michelle Collins ( National Center for Missing and Exploited Children), and prepared testimony [12 pages in PDF] of Dane Snowden (CTIA).

7/15. Sen. John Rockefeller (D-WV) introduced S 3605 [LOC | WW | PDF], the "America COMPETES Reauthorization Act of 2010", on July 15, 2010. See, SCC bill summary. The Senate Commerce Committee (SCC) will meet to mark up this bill on Thursday, July 22, 2010. See, notice. The House passed HR 5116 [LOC | WW], the "America COMPETES Reauthorization Act of 2010" on May 28, 2010. See, story titled "House Passes Competes Reauthorization Bill" in TLJ Daily E-Mail Alert No. 2,091, June 3, 2010.

7/15. The Senate Commerce Committee (SCC) announced that it will meet to mark up S 3490 [LOC | WW], the "Spectrum Relocation and Improvement Act of 2010" on Thursday, July 22, 2010. See, notice. Sen. Mark Warner (D-VA) introduced this bill on June 15, 2010. The House Commerce Committee (HCC) approved its version of the bill, HR 3019 [LOC | WW], the "Spectrum Relocation Improvement Act of 2009", on March 10, 2010. See, story titled "House Commerce Committee Approves Spectrum Relocation Improvement Act" in TLJ Daily E-Mail Alert No. 2,059, March 19, 2010.

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In This Issue
This issue contains the following items:
 • Genachowski Discusses ADA and Disability Access in Communications and Virtual World
 • FCC Releases Two Public Notices Regarding Disability Access
 • More Disability News
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Tuesday, July 20

The House will meet at 10:30 AM for morning hour debate, and at 12:00 NOON for legislative business. The schedule includes consider of numerous bills under suspension of the rules, including HR 4842 [LOC | WW], the "Homeland Security Science and Technology Authorization Act of 2010", HR 5566 [LOC | WW], the "Prevention of Interstate Commerce in Animal Crush Videos Act of 2010", and S 1749 [LOC | WW], the "Cell Phone Contraband Act of 2010", a bill pertaining to the use of cell phones in prisons. See, Rep. Hoyer's schedule for the week of July 19, and schedule for July 20.

Sen. Harry Reid (D-NV), the Senate Majority Leader, announced on July 15 that the next Senator from the state of West Virginia will be sworn in at 2:15 PM on July 20, and that the Senate will then hold a cloture vote on HR 4213 [LOC | WW], the "American Jobs and Closing Tax Loopholes Act of 2010". Section 241 of this huge bill contains a one year extension of the research and development tax credit. Section 253 extends the deduction of corporate contributions of computer inventory for educational purposes. Section 255 extends the special rules for expensing certain movie and television productions.

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 - 5:30 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. The USPTO will also webcast this event. See, notice. 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] regarding Dish Network's Application for Certification as a qualified carrier pursuant to the Satellite Television Extension and Localism Act of 2010. See, Section 105 of S 3333 [LOC | WW], signed into law on May 27, 2010. See also, story titled "Obama Signs Satellite TV Bill" in TLJ Daily E-Mail Alert No. 2,089, May 28, 2010. This item is DA 10-1036 in MB Docket No. 10-124.

Wednesday, July 21

The House will meet at 10:00 AM for legislative business. The House is scheduled to hold a postponed suspension vote on HR 5566 [LOC | WW], the "Prevention of Interstate Commerce in Animal Crush Videos Act of 2010". See, Rep. Hoyer's schedule for the week of July 19, and schedule for July 21.

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.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up several bills. The first item on the agenda is HR  3101[LOC | WW], the "Twenty-First Century Communications and Video Accessibility Act of 2010", a bill that would, among other things, give the FCC authority to regulate the design of certain computing, communications, video, and other devices, software and services. See, amendment in the nature of a substitute [57 pages in PDF] approved by the HCC's Subcommittee on Communications, Technology and the Internet on June 30, 2010. See, HCC's notice and hearing memorandum [13 pages in PDF]. Location: Room 2123, Rayburn Building.

10:00 AM. The House Foreign Affairs Committee (HFAC) will hold a hearing titled "Protecting U.S. Intellectual Property Overseas: The Joint Strategic Plan and Beyond". The witnesses will be Victoria Espinel (U.S. Intellectual Property Enforcement Coordinator), John Morton (Director of the DHS's Immigration and Customs Enforcement), and Chris Israel. See, notice. Location: Room 2172, Rayburn Building.

10:00 AM - 3:00 PM. The Senate Banking Committee (SBC) will hold a hearing titled "Semiannual Monetary Policy Report to the Congress". The witness will be Ben Bernanke, Chairman of the Board of Governors of the Federal Reserve System. See, notice. Location: Room SD-G50, Dirksen Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Subcommittee on Commerce, Justice, Science and Related Agencies will meet to mark up the Fiscal Year 2011 Commerce, Justice, Science and related agencies appropriations bill. Location: Room 192, Dirksen Building.

10:00 AM. The American Association of People with Disabilities (AAPD) will host an event related to proposals to expand the Americans with Disabilities Act (ADA) with respect to new information and communications technologies. The speakers will include Eric Holder (Attorney General). Location: Room 345 (Cannon Caucus Room), Cannon Building.

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.

12:30 - 2:00 PM. 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?". The speakers will be Erik Hawes (Morgan Lewis & Bockius), Brian Pandya (Wiley Rein), Denise DeFranco (Finnegan Henderson), Thomas Goldstein (Akin Gump), and William Teoli (Syngenta). See, notice. Prices vary. CLE credit.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "The Impact of Intellectual Property on Entrepreneurship and Job Creation". The witnesses will be Steven Friedman (T3T, Inc., on behalf of the Computer & Communications Industry Association), Rick Carnes (Songwriters Guild of America), Robert Holleyman (Business Software Alliance), Peter Carnes (Traffax Inc., on behalf of the Association for Competitive Technology), William Mansfield (ABRO Industries, on behalf of the Motor & Equipment Manufacturers Association). See, notice. Location: Room 2360, Rayburn Building.

1:00 - 3:00 PM. The American Bar Association's (ABA) Section of Taxation Law will host a webcast and teleconferenced event titled "Implications of Bilski on Patenting Tax Strategies". The speakers will be Dennis Drapkin (Jones Day), Ellen Aprill (Loyola Law School), Barry Grossman (Foley & Lardner), and Matthew Young (AICPA). See, notice. Prices vary. CLE credit.

2:00 PM. The House Financial Services Committee (HFSC) will hold a hearing on HR 2267 [LOC | WW], the "Internet Gambling Regulation, Consumer Protection, and Enforcement Act", a bill that would legalize, regulate, and tax certain internet gambling businesses. See, notice. Location: Room 2128, Rayburn Building.

2:30 - 4:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Open Forum on U.S. and OECD Innovation Policy". The speakers will be Andrew Wycoff (OECD), Karen Kornbluh (U.S. Ambassador to the OECD), Aneesh Chopra (EOP), and Robert Atkinson (ITIF). See, notice. Location: ITIF, Suite 610A, 1101 K St., NW.

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.

Thursday, July 22

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 19.

9:30 AM - 4:45 PM. The DC Bar Association will host a panel discussion titled "Legal Cybersleuth’s Guide to the Internet-Full Day". The speakers will be Carole Levitt and Mark Rosch. The price to attend ranges from $169 to $229. 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.

10:00 AM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Terrorism, Nonproliferation and Trade will hold a hearing titled "Transshipment and Diversion: Are U.S. Trading Partners Doing Enough to Prevent the Spread of Dangerous Technologies?". The witnesses will be Kevin Wolf (head of the Department of Commerce's Bureau of Industry and Security) and Vann Van Diepen (acting head of the Department of State's Bureau of International Security and Nonproliferation). See, notice. Location: Room 2172, Rayburn Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Leading Innovations in Healthcare Technology". The speakers will be Robert Epstein (Medco) and Robert Atkinson (ITIF). See, notice. Location: Room 2226, Rayburn Building, Capitol Hill.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCC) Young Lawyers Committee will host a brown bag lunch. The speaker will be Phil Weiser (EOP's National Economic Council). For more information, contact Micah Caldwell at mcaldwell at fh-law dot com or Mark Brennan at  mark dot brennan at hoganlovells dot com. Location: Hogan Lovells, 555 13th St., NW.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing on two privacy bills, HR __ [PDF], the "Building Effective Strategies To Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act", or "BEST PRACTICES Act", and HR __ [PDF], a discussion draft of a yet to be introduced bill to require notice to and consent of an individual prior to the collection and disclosure of certain personal information relating to that individual. See, notice. Location: Room 2322, Rayburn Building.

2:00 PM. The House Judiciary Committee (HJC) will hold a hearing titled "Americans with Disabilities Act at 20 -- Celebrating Our Progress, Affirming Our Commitment". The witnesses will be Rep. Steny Hoyer (D-MD), Rep. James Langevin (D-RI), Tom Perez (Assistant Attorney General in charge of the DOJ's Civil Rights Division), Richard Thornburg, Cheryl Sensenbrenner, Adrian Villalobos, Casandra Cox, and Jonathan Young. The HJC will webcast this event. See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy, Census and National Archives will hold a hearing titled "Government 2.0: Federal Agency Use Of Web 2.0 Technologies". See, notice. Location: Room 2247, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold an executive session. It will mark up up several bills, including S 3490 [LOC | WW], the "Spectrum Relocation and Improvement Act of 2010", and S 3605 [LOC | WW], the "America COMPETES Reauthorization Act of 2010". See, notice. Location: Room 253, Russell Building.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rulemaking regarding adoption a new 800 MHz band plan for the U.S. Virgin Islands. The FCC adopted and released this item on April 26, 2010. It is DA 10-695 in WT Docket No. 02-55. See, notice in the Federal Register, June 22, 2010, Vol. 75, No. 119, at Pages 35363-35366.

Friday, July 23

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 19.

10:00 AM. The Department of Justice (DOJ) will hold an event related to the Americans with Disabilities Act (ADA). The speakers will include Eric Holder (Attorney General) and Tom Perez (Assistant Attorney General in charge of the DOJ's Civil Rights Division). Location: DOJ main building, Great Hall, 950 Pennsylvania Ave., NW.

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) regarding a proposal to add eight questions to the Census Bureau's October 2010 Current Population Survey (CPS) to gather data on broadband usage. See, notice in the Federal Register, May 24, 2010, Vol. 75, No. 99, at Pages 28781-28782.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the FCC's Public Notice [3 pages in PDF] regarding Purple Communication's petition for clarification or waiver regarding implementation of a call forwarding service for internet based Telecommunications Relay Service users. This item is DA 10-1253 in CG Docket No. 10-51.

Monday, July 26

8:00 AM - 5:30 PM. Day one of a 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). The deadline to register to attend is 5:00 PM on July 19, 2010. The deadline to submit written comments is June 25, 2010. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its proposed consent agreement with Twitter. See, notice in the Federal Register, June 30, 2010, Vol. 75, No. 125, at Pages 37806-37808.

Deadline to submit reply 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 reply 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 reply 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, FCC June 11, 2010, Public Notice (DA 10-1066), and 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 submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding expanding the range of products and services covered by the FCC's e-rate subsidy program. The FCC adopted this NPRM on December 1, 2009, and released the text [43 pages in PDF] on December 2, 2010. It is FCC 09-105 in CC Docket No. 02-6. See, notice in the Federal Register, June 9, 2010, Vol. 75, No. 110, at Pages 32692-32699. See also, story titled "FCC Expands and Seeks Comments on List of Items Eligible for E-Rate Subsidies" in TLJ Daily E-Mail Alert No. 2,019, December 2, 2009.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the FCC's e-rate tax and subsidy program. The FCC adopted and released this NPRM on May 20, 2010. It is FCC 10-83 in CC Docket No. 02-6 and GN Docket No. 09-51. See, notice in the Federal Register: June 9, 2010, Vol. 75, No. 110, at Pages 32699-32719. See also, story titled "FCC Adopts Another E-Rate NPRM" in TLJ Daily E-Mail Alert No. 2,087, May 26, 2010.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [12 pages in PDF] regarding the survivability in broadband communications networks and ways to reduce network vulnerability to failures in network equipment or severe overload conditions, such as would occur in natural disasters and pandemics. The FCC adopted and released this item on April 21, 2010. It is FCC 10-62 in PS Docket No. 10-92. See, notice in the Federal Register, May 11, 2010, Vol. 75, No. 90, at Pages 26180-26183.

Deadline to submit reply 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.

EXTENDED TO AUGUST 2. Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its draft [76 pages in PDF] of its "FY 2010-2015 Strategic Plan". See, notice in the Federal Register, July 9, 2010, Vol. 75, No. 131, at Pages 39493-39494. See also, story titled "USPTO Releases Draft Five Year Plan" in TLJ Daily E-Mail Alert No. 2,102, July 12, 2010. See, notice of extention.

Tuesday, July 27

8:00 AM - 5:30 PM. Day two of a 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). The deadline to register to attend is 5:00 PM on July 19, 2010. The deadline to submit written comments is June 25, 2010. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:00 AM - 4:45 PM. The National Institute of Standards and Technology (NIST), National Telecommunications and Information Administration (NTIA), and the International Trade Administration (ITA) will host an event titled "Cybersecurity and Innovation in the Information Economy". See, notice in the Federal Register, June 28, 2010, Vol. 75, No. 123, at Pages 36633-36634. Location: Amphitheater, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee (SITAC) will hold a partially closed meeting. The open portion of this meeting is open to public attendance, and will also be teleconferenced. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Page 39920. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Federal Trade Commission’s Bureau of Competition and the U.S. Department of Justice’s Antitrust Division". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

11:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Federal Rulemaking and the Regulatory Process". See, notice. Location: Room 2141, Rayburn Building.

1:00 PM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "'Hearing On "Implementation Of The HITECH Act". See, notice. Location: Room 2322, Rayburn Building.

1:30 PM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "Enhancing the U.S.-EU Trade Relationship". See, notice. Location: Room 1100, Longworth Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding amending Part 87 of the FCC's rules to allow use of the frequency 1090 MHz by aeronautical mobility mobile stations for airport surface detection equipment (ASDE-X), also known as vehicle squitters. The FCC adopted this item on March 11, 2010, and released the text [19 pages in PDF] on March 16, 2010. It is FCC 10-37 in WT Docket Nos. 09-42 and 10-61. See, notice in the Federal Register, April 28, 2010, Vol. 75, No. 81, at Pages 22352-22356.