7/26. The European Commission (EC) announced in a release that it "has decided to initiate formal antitrust investigations against IBM Corporation in two separate cases of alleged infringements of EU antitrust rules related to the abuse of a dominant market position".

The EC accuses IBM of tying its mainframes to its mainframe operating system, which "shuts out providers of emulation technology which could enable the users to run critical applications on non-IBM hardware".

The EC added that it "has concerns that IBM may have engaged in anti-competitive practices with a view to foreclosing the market for maintenance services".

The EC discloses that it has received complaints from T3 Technologies, Inc. and Turbo Hercules SAS, providers of emulation technologies.

This is another in a series of cases in which European antitrust regulators pursue U.S. technology companies based upon the complaints of U.S. entities. Although, Turbo Hercules is  French company.

The EC did not state why it did not defer to U.S. antitrust agencies. There is a greater nexus between this case and the U.S. Also, U.S. antitrust agencies possess greater expertise and experience.

Steven Friedman, the President of T3 testified at the House Small Business Committee's hearing on July 21, 2010, titled "Impact of Intellectual Property on Entrepreneurship and Job Creation". He stated then that the current intellectual property system is "a bit out of balance", and that it "a complicated regulatory system" that benefits "big business" and inhibits innovation.

He then discusses T3's troubles with IBM. He said that until recently T3 built computer systems capable of running the IBM mainframe operating system. He said that T3 offered cost efficient "lower power mainframes".

He said that because of a U.S. consent decree, "for decades, IBM licensed their mainframe operating system to all comers on reasonable and non-discriminatory terms". However, in "2003, IBM was released from the Consent Decree. Almost immediately IBM began putting up obstacles to T3 and our customers who wished to license their operating system. This culminated on October 31, 2006 when IBM publicly announced they would no longer license their patented operation system to any hardware except their own."

Then, said Friedman, IBM "sued my business partner, PSI, for alleged intellectual property violations. They also threatened my customers and me with IP lawsuits." And then, "IBM purchased PSI and shelved its technology".

He said that "IBM hides behind intellectual property laws, claiming they permit otherwise forbidden monopolistic behavior, essentially saying that intellectual property laws trump antitrust laws."

Friedman concluded that "the threat of patent and copyright litigation prevented other companies from entering the market and providing customers with greater choice and lower prices. As a result, the market is stagnant and there is little innovation compared to the rest of the computer industry. In this case, intellectual property laws have led to IBM having a 100% share of the mainframe hardware market and the mainframe operating system market."

The House hearing heard testimony only from representatives of small businesses. Hence, no representative from IBM testified. However, IBM's Adrienne Rhone sent an e-mail to TLJ after the hearing in which IBM responded to Friedman's statements.

IBM wrote that "Today's congressional testimony by T3 is just more of the same whining by a company that is unable to compete without infringing on someone else's intellectual property. In this case, the intellectual property belongs to IBM, which has spent billions of dollars developing its innovative mainframe technology in New York State."

It added that "IBM has always acted lawfully in deciding whether and how our technology can be licensed. T3 is merely a stalking horse for Microsoft, which is a core business partner and investor in T3, and the company is just trying to prolong a merit-less case that exploits IBM's investment in people and in jobs."

Turbo Hercules states in its web site that Hercules is an "open source software implementation of the IBM mainframe architecture". The company adds that "Hercules is a computer program which permits anyone to run mainframe software on their own personal computer, without having access to an expensive mainframe. Hercules is particularly useful for software developers who can use it to create, test, and maintain software designed to run on IBM mainframe computers. Hercules is also useful for training mainframe programmers and operators, where students can be given their own mainframe environment on a PC, on which they can experiment freely without any risk of disrupting their company’s production mainframe system."

Roger Bowler of Turbo Hercules wrote in a release on July 26 that "We welcome the European Commission's decision to initiate formal proceedings against IBM’s suspected abuse of its dominant market position. Hopefully, it will lead to remedies that will allow companies like TurboHercules to compete in the mainframe market. We simply ask that customers be allowed to run their mainframe applications on the hardware of their choice. It is also good news for the Hercules open source community and its 11-year history of innovative development."

Ed Black, head of the Computer and Communications Industry Association (CCIA), advocates government antitrust enforcement actions against IBM. He was present, but not a witness, at the July 21 House hearing. He stated in a release on July 26 that "the evidence of anticompetitive behavior is strong".

Black continued that "Competition authorities must take action given the importance of the mainframe market to governments and businesses throughout the world. It is vital that a market that is responsible for more than three quarters of the world’s government and business data not be walled off from competition and innovation."

Moreover, mainframe users "cannot easily migrate off of the mainframe to more cost-effective platforms".

He added that the EC has "initiated an investigation, on aftermarket maintenance -- which was outside the scope of the original complaints".

Black also stated on July 26 that the U.S. Department of Justice's (DOJ) Antitrust Division "has also been looking into IBM's actions against its competitors. Unlike its European counterpart, the DOJ does not typically announce when it opens up full investigations".

Christine Varney, head of the DOJ's Antitrust Division, will testify on Tuesday, July 27, 2010, at 10:15 AM at the House Judiciary Committee (HJC) hearing titled "Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice's Antitrust Division".

For more on the T3 IBM dispute, see T3 release of August 11, 2008, and CCIA release of January 19, 2009.

7/22. The Senate Commerce Committee (SCC) approved S 3490 [LOC | WW], the "Spectrum Relocation and Improvement Act of 2010".

The related bill in the House is HR 3019 [LOC | WW], the "Spectrum Relocation Improvement Act of 2009". The House Commerce Committee (HCC) approved this bill by voice vote 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.

Sen. Rockefeller wrote in his opening statement that "We all know that radio spectrum is a scarce but valuable resource. That is why we need to make sure that when federal users vacate frequencies that they do so in a transparent and open way. The Spectrum Relocation Improvement Act does just that. I want to thank Senator Warner and Senator Wicker for their work on this legislation. We may need to make some adjustments to the bill as it moves from the Committee to the floor, but I’m happy to continue to work with you on that, because this is good spectrum policy."

Steve Largent, head of the CTIA, stated in a release that "We appreciate the leadership that Senators Warner and Wicker have shown on this issue. The Warner-Wicker legislation will make the spectrum relocation process more predictable and transparent, thereby producing a more efficient relocation process for all parties and advancing the broadband deployment goals we all share. We hope the full Senate will act on S. 3490 as soon as possible."

7/23. The CTIA filed a complaint [PDF] in the U.S. District Court (NDCal) against the City and County of San Francisco, California alleging that its municipal ordinance pertaining the Specific Absorption Rate (SAR) for wireless devices, including cell phones, is preempted by 47 U.S.C. § 332, and Federal Communications Commission (FCC) rules.

Subsection 332(c)(3)(A) preempts state and local entry and price regulation. It provides, in part, that "no State or local government shall have any authority to regulate the entry of or the rates charged by any commercial mobile service or any private mobile service, except that this paragraph shall not prohibit a State from regulating the other terms and conditions of commercial mobile services."

The complaint does not allege price regulation. Rather, it states that San Francisco promulgated an ordinance pertaining to radio frequency (RF) emissions. The ordinance does not set RF emission limits. It requires cell phone providers to display each cell phone's SAR value. The complaint states that "The Ordinance is premised on the City's belief that the FCC standards are not ``safe enough´´ and represents an attempt by the City to second-guess the FCC and to supplant the exclusive federal regulation of RF emissions safety."

The CTIA's John Walls stated in a release that it filed this complaint "to prevent consumer confusion. The problem with the San Francisco ordinance is not the disclosure of wireless phone SAR values -- that information is already publicly available. Consumers can learn a device's SAR value from a number of public sources, and the value is often included in user manuals and listed on the websites of manufacturers and the FCC. CTIA's objection to the ordinance is that displaying a phone's SAR value at the point-of-sale suggests to the consumer that there is a meaningful safety distinction between FCC-compliant devices with different SAR levels."

Walls continued that both the FCC and the Food and Drug Administration (FDA) have determined that all wireless phones legally sold in the U.S. are safe.

"In contrast," stated Walls, "the message conveyed by the San Francisco ordinance to consumers is that the FCC's standards are insufficient and that the safety of an FCC-authorized wireless device depends on its SAR level. Therefore, the ordinance contradicts the thorough review of the science by the FCC, FDA and other U.S. and international expert agencies, and will send consumers the false message that there is a safety difference between wireless devices that comply with the FCC’s stringent standards."

The FCC states in its web site that "Working closely with federal health and safety agencies, such as the Food and Drug Administration (FDA), the FCC has adopted limits for safe exposure to radiofrequency (RF) energy. These limits are given in terms of a unit referred to as the Specific Absorption Rate (SAR), which is a measure of the amount of radio frequency energy absorbed by the body when using a mobile phone. The FCC requires cell phone manufacturers to ensure that their phones comply with these objective limits for safe exposure. Any cell phone at or below these SAR levels (that is, any phone legally sold in the U.S.) is a ``safe´´ phone, as measured by these standards. The FCC limit for public exposure from cellular telephones is an SAR level of 1.6 watts per kilogram (1.6 W/kg)." (Parentheses in original.)

Wireless device makers publish SAR levels. See for example, Apple's disclosure for its 3G iPhone.

The CTIA seeks declaratory and injunctive relief.

This case is CTIA v. City and County of San Francisco, California, U.S. District Court for the Northern District of California, San Francisco Division, D.C. No. CV-10-3224.

7/21. Sen. Joe Lieberman (D-CT) and Sen. John McCain (R-AZ) introduced S 3625 [LOC | WW | PDF], the "First Responders Protection Act of 2010", a bill to license, not auction, the D Block for use by first responders, and to authorize the appropriation of $11 Billion to build and maintain a nationwide interoperable network for emergency communications.

Previously, the Federal Communications Commission (FCC) tried, but failed, to structure spectrum usage in a way that would lead to a privately built interoperable public safety network, in the D Block component of the 700 MHz auction in 2008.

The D Block is 10 megahertz of paired spectrum (758-763 MHz and 788-793 MHz). The FCC's plan was to auction the D Block in the 700 MHz auction (the FCC's Auction No. 73) as one nationwide license, subject to a Public/Private Partnership. The plan was for a commercial licensee to build a nationwide broadband interoperable network for use by public safety entities. This licensee would then have had preemptible secondary access to the spectrum. The FCC closed this auction on March 18, 2008. However, no bidder bid the reserve price for the D Block.

The bill recites in its findings that "A wireless public safety broadband network is needed to guarantee priority access for public safety use and first responder interoperability across the United States", and that "Allocating the ... D Block, to public safety agencies is the only assured way of meeting public safety's needs for sufficient spectrum and would help reduce the complexity and future operating cost of public safety communications systems."

The bill provides that within 60 days of enactment the FCC "shall allocate" the D Block "for public safety broadband communications and shall license such paired bands to the public safety broadband licensee".

In addition, the FCC "shall establish regulations ... to ... authorize the shared use of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services ... subject to requirements that public safety services retain priority access to the spectrum".

Sen. Lieberman (at right) stated in the Senate that "the mobile device the average teenager carries has more capability" than the devices of first responders, and that "public safety communicates on slices of scattered spectrum that prevent interoperable communications among agencies and jurisdictions, and that do not allow the large data transmissions that we take for granted in today's commercial communications". See, Congressional Record, July 21, 2010, at page S6082.

He said that this bill "will set aside the so-called D Block of spectrum for public safety entities and provide them the bandwidth they need to communicate effectively in an emergency".

He continued that this bill "will ensure that the D Block is licensed to the same public safety broadband licensee that currently holds the license for 10 MHz in the 700 MHz band. The bill would also provide up to $5.5 billion for a construction fund to assist with the costs of constructing networks and up to $5.5 billion for an operation and maintenance fund for long-term maintenance of networks. These funds would come from revenues generated by the auction of a different band of spectrum to commercial carriers."

Sen. McCain stated in the Senate that "In 2007, I introduced legislation to auction the remaining public safety spectrum to a commercial carrier that would then build out a network for public safety. The FCC held such an auction, but no bidder met the reserve price. Ten megahertz of spectrum remains available for public safety's needs. The FCC has announced its intention auction this spectrum to a commercial provider. Once this spectrum is auctioned, it will be impossible to ever get it back. That is why Congress must act now and provide the remaining spectrum directly to public safety. This legislation would do just that."

For more on the failed D Block auction, see:

• "FCC Closes 700 MHz Auction" and "Rep. Markey Announces Hearing on 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008.
• "FCC Releases Details of 700 MHz Auction" and "FCC Will Not Offer D Block in Auction 76" in TLJ Daily E-Mail Alert No. 1,735, March 24, 2008.
• "FCC Releases Inspector General's D Block Investigation Report" in TLJ Daily E-Mail Alert No. 1,755, April 28, 2008.

The FCC adopted and released a 2ndFNPRM [101 pages in PDF] on May 14, 2008. It is FCC 08-128 in WT Docket No. 06-150 and PS Docket No. 06-229.

See also, story titled "Genachowski Proposes Public Safety Use of Entire 700 MHz Band" in TLJ Daily E-Mail Alert No. 2,051, February 25, 2010.

7/26. The House passed HR 3101 [LOC | WW], the "Twenty-First Century Communications and Video Accessibility Act of 2010" by a vote of 348-23. See, Roll Call No. 469. See also, bill [71 pages in PDF] as passed.

7/26. The House Commerce Committee (HCC) released a letter [PDF] sent by Federal Communications Commission (FCC) Chairman Julius Genachowski to the HCC dated July 20, 2010, that contains responses to the HCC's June 30, 2010, letter [PDF] requesting information regarding constructing and maintaining a nationwide, interoperable public safety broadband network.

7/26. The Federal Communications Commission (FCC) adopted and released an Order [11 pages in PDF], with an attached Consent Decree, Company Compliance Plan, and Company Business Reforms, that prohibits Univision from engaging in the business practice of playing music in return for compensation from music companies. It provides that "Neither Company, any Company Station, nor any Company employee (collectively, “Company Parties”) shall solicit, receive, or accept cash or any other item of value from a Record Label or Record Label employee in, or as part of, an exchange, agreement, or understanding to provide or increase airplay of music provided by any Record Label, except ..." The FCC also stated in a release that "As part of the FCC settlement and the DOJ action, the Univision companies will pay $1 million to the U.S. Treasury."

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The schedule for July 27 includes consideration of HConRes 266, a resolution expressing the sense of Congress that Taiwan should be accorded observer status in the International Civil Aviation Organization (ICAO). See, Rep. Hoyer's schedule for the week of July 26, and schedule for July 27.

The Senate will meet at 10:00 AM. It will resume consideration of the motion to proceed on S 3628 [LOC | WW] , the "Democracy is Strengthened by Casting Light on Spending in Elections Act" or "DISCLOSE Act". The House passed HR 5175 [LOC | WW], also titled "DISCLOSE Act", on June 24, 2010.

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.

10:00 AM. The House Financial Services Committee (HFSC) will meet to mark up several bills, including HR 2267 [LOC | WW], the "Internet Gambling Regulation, Consumer Protection, and Enforcement Act". See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Communications, Preparedness and Response will hold a hearing titled "Interoperable Emergency Communications: Does the National Broadband Plan Meet the Needs of First Responders?". The witnesses will be James Barnett (Chief of the FCC's Public Safety and Homeland Security Bureau), Greg Schaffer (DHS's Office of Cyber Security and Communications), Jeff Johnson ( International Association of Fire Chiefs), Charles Dowd (New York City Police Department), Robert LeGrande (LeGrande Technical and Social Services LLC), and Eric Graham (Rural Cellular Association). This hearing will cover proposals to auction the D-Block. The HHSC will webcast this event. Location: Room 311, Cannon Building.

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". The witnesses will be Christine Varney (Assistant Attorney General in charge of the DOJ's Antitrust Division) and Jonathan Leibowitz (Chairman of the Federal Trade Commission). 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". The witnesses will be Cass Sunstein (Administrator of the EOP's OMB's Office of Information and Regulatory Affairs), Sally Katzen (Podesta Group), Gary Bass (OMB Watch), Richard Williams (George Mason University), and Curtis Copeland (Congressional Research Service). See, notice. There will be no webcast. Location: Room 2141, Rayburn Building.

1:00 PM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "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". The witnesses will be Stuart Eizenstat (Covington & Burling), Kathryn Hauser (Trans-Atlantic Business Dialogue), Peter Chase (U.S. Chamber of Commerce), Frances Burwell (Atlantic Council of the United States), and Stephen Flanagan (Center for Strategic and International Studies). See, notice. Location: Room 1100, Longworth Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Consumer Online Privacy". The witnesses will be Jonathan Leibowitz (Chairman of the Federal Trade Commission), Julius Genachowski (Chairman of the Federal Communications Commission), Bud Tribble (Apple), Bret Taylor (Facebook), Alma Whitten (Google), Jim Harper (Cato Institute), Dorothy Atwood (AT&T), and Joe Turow (Annenberg School of Communications, University of Pennsylvania). 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.

The National Institute of Standards and Technology (NIST) will host a one day symposium titled "Cybersecurity and Innovation in the Information Economy". See, notice and agenda [PDF]. Location: Ronald Reagan Building and International Trade Center, 14th Street and Constitution Ave., NW.

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.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 26.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The July 28 agenda includes "Smart Grid", "Civil Satellite Telecommunications", and "GPU/CPU/Accelerators". The July 28 portion of this meeting is open to the public, and will also be teleconferenced. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Pages 39919-39920. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Federal Bureau of Investigation". The witness will be FBI Director Robert Mueller. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

11:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) WRC-12 Advisory Committee will meet. See, notice in the Federal Register, June 30, 2010, Vol. 75, No. 125, at Pages 37802-37803. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "New Developments and Trends in Music Publishing Law". The speakers will be Zeina Hamzeh (Warner Chappell Music, Inc.) and Ed Pierson. See, notice. Prices vary. CLE credits.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing titled "Online Privacy, Social Networking, and Crime Victimization". The witnesses will be Gordon Snow (Federal Bureau of Investigation), Michael Merritt (U.S. Secret Service), Marc Rotenberg (Electronic Privacy Information Center), Joe Pasqua (Symantec), and Joe Sullivan (Facebook). See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The witnesses will be Kathleen O'Malley, nominated to be a Judge of the U.S. Court of Appeals for the Federal Circuit), Beryl Howell (U.S. District Court of the District of Columbia), and Robert Wilkins (USDC/DC). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Banking Committee (SBC) will hold an executive session to consider pending nominations, including Janet Yellen, Peter Diamond, Sarah Raskin to be members of the Board of Governors of the Federal Reserve System. See, notice. Location: Room 538, Dirksen Building.

5:00 - 7:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Digital District: Local News and Online Media Access in Washington". The speakers will be Dan Silverman, Veronica Davis, Ariel Valdez, Justin Jouvenal, and Steve Coll (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 26.

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The July 29 agenda is undisclosed. The July 29 portion of this meeting is closed to the public. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Pages 39919-39920. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of several judicial nominees: Mary Helen Murguia (to be a Judge of the U.S. Court of Appeals for the 9th Circuit), Edmond E-Min Chang (U.S. District Court, Northern District of Illinois), Leslie Kobayashi (USDC/DHawaii), Denise Casper (USDC/DMass), and Carlton Reeves (USDC/DMiss). See, notice. The SJC will webcast this event. The SJC rarely follows its published agendas. Location: Room 226, Dirksen Building.

11:00 AM. The Department of Homeland Security's (DHS) Immigration and Customs Enforcement's (ICE) National Intellectual Property Rights Coordination Center (NIPRCC) will host a roundtable discussion with reporters about the mission and growth of the NIPRCC. John Scott Ballman (Deputy Director of the NIPRCC) will speak. Location: NIPRCC, 2451 Crystal Drive, Suite 200, Arlington, VA.

2:00 PM. The House Oversight and Government Reform Committee's (HOGR) Subcommittee on Information Policy, Census and National Archives Subcommittee will hold a hearing titled "Public Access to Federally-Funded Research". See, notice. The HOGRC will webcast this event. Location: Room 2154, Rayburn Building.

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 26.

The House is scheduled to "complete its business for the July work period". See, Rep. Steny Hoyer's June 18 release.

RESCHEDULED FROM JUNE 25. 12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Bridging the Gap: Broadband 101 -- An Introduction to Broadband Regulation and Policy". The speaker will be Dan Brenner (Hogan Lovells). 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: Harris Corporation, Suite 850E, 600 Maryland Ave., SW.

Deadline to submit reply 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 to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] regarding revisions to FCC Forms 470 and 471. This item is DA 10-1248 in CC Docket No. 02-6.

Deadline to submit reply 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [21 pages in PDF] requesting input and data on mobile wireless competition for the FCC's Fifteenth Annual Report on the State of Competition in Mobile Wireless. This item is DA 10-1234 in WT Docket No. 10-133.

1:00 - 4:00 PM. The Federal Communications Bar Association's (FCC) Young Lawyers Committee will host an event titled "Summer Rooftop BBQ and Pool Party". For more information, contact Justin Faulb at faulb at lojlaw dot com, Evan Morris at evan dot morris at harris dot com, or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: undisclosed.

Extended deadline to submit nominations to the U.S. Patent and Trademark Office's (USPTO) National Medal of Technology and Innovation Nomination Evaluation Committee. See, notice in the Federal Register, May 24, 2010, Vol. 75, No. 99, at Pages 28782-28783.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Phoenix Solutions v. Directv Group, App. Ct. No. 2010-1125. Location: Courtroom 201.

Extended 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. And see, notice of extention.

8:30 - 10:45 AM. Day one of a two day partly closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee. The BIS did not disclose the subject matter of this meeting. See, notice in the Federal Register: July 16, 2010, Vol. 75, No. 136, at Pages 41439-41440. Location: DOC, Hoover Building, Room 3884, 14th Street between Pennsylvania and Constitution Avenues, NW.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "The New HIPAA/HITECH Regulations: What's New and What Do Those Changes Mean?". See, notice. Prices vary. CLE credit.

1:30 - 5:00 PM. The Federal Aviation Administration's (FAA) RTCA Special Committee 222: Inmarsat Aeronautical Mobile Satellite (Route) Services will meet. See, notice in the Federal Register, July 12, 2010, Vol. 75, No. 132, at Pages 39724-39725. Location: ARINC Building 6, Conference Center Room 6-A1, 2551 Riva Road, Annapolis, MD.

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