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November 15, 2010, Alert No. 2,156.
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Comptel Asks FCC to Impose 251/252 Interconnection Mandates on IP to IP Communications

11/1. Representatives of Comptel held an ex parte meeting with Federal Communications Commission (FCC) Wireline Competition Bureau (WCB) officials on October 29, 2010, to urge the FCC to impose the interconnection requirements of 47 U.S.C. Ё 251 and 252 to IP to IP communications and IP enabled services. The Comptel made this assertion in a proceeding regarding Section 251's rural exemption.

Section 251 provides that "each incumbent local exchange carrier has the following duties: ... The duty to provide, for the facilities and equipment of any requesting telecommunications carrier, interconnection with the local exchange carrier抯 network ... (A) for the transmission and routing of telephone exchange service and exchange access; (B) at any technically feasible point within the carrier's network; (C) that is at least equal in quality to that provided by the local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the carrier provides interconnection; and (D) on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and the requirements of this section and section 252 of this title."

Comptel wrote in its notice of ex parte communication (NEPC) dated November 1, 2010, that it urged the FCC to "clarify" that Section 251 and 252 "continue to govern the interconnection and traffic exchange obligations of incumbent local exchange carriers even as these carriers transition from a circuit-switched based network architecture to IP."

The Comptel's accompanying attachments [32 pages in PDF] add that "transport and termination of interconnected services (circuit-switched and IP-enabled) is a telecommunications service". (Parentheses in original.) Comptel adds that Section 251 and 252 interconnection rights and obligations should "apply to VoIP and IP-enable services".

Comptel's NEPC cites the FCC's staff report titled "National Broadband Plan", released on March 15, 2010, but not adopted by the five member Commission.

The Comptel wrote that "The Act's interconnection provisions are technology-neutral and in order to ``encourage the shift to IP-to-IP interconnection where efficient,创 the Commission should reiterate that requesting carriers are entitled to interconnect and exchange traffic in IP format with incumbent LECs where technically feasible, that such interconnection and traffic exchange arrangements should be memorialized in interconnection agreements filed and approved in accordance with the requirements of Section 252, and that if carriers are unable to reach agreement on interconnection arrangements, open issues may be resolved through arbitration pursuant to Section 252."

The staff report states this: "Recommendation 4.10: The FCC should clarify interconnection rights and obligations and encourage the shift to IP-to-IP interconnection where efficient."

The staff report continues that "There is evidence that some rural incumbent carriers are resisting interconnection with competitive telecommunications carriers, claiming that they have no basic obligation to negotiate interconnection agreements. One federal court agreed with the rural carriers' arguments and concluded that the Act does not require certain rural carriers to negotiate interconnection agreements with other carriers." See, August 14, 2006, opinion in Sprint Communications v. Public Utilities Commission of Texas, U.S. District Court for the Western District of Texas, D.C. No. A-06-CA-065-SS.

The FCC staff report continues that "This decision, which is based on a misinterpretation of the Act's rural exemption and interconnection requirements, has since been followed by several state commissions. Without interconnection for voice service, a broadband provider, which may partner with a competitive telecommunications carrier to offer a voice-video-Internet bundle, is unable to capture voice revenues that may be necessary to make broadband entry economically viable. Accordingly, to prevent the spread of this anticompetitive interpretation of the Act and eliminate a barrier to broadband deployment, the FCC should clarify rights and obligations regarding interconnection to remove any regulatory uncertainty. In particular, the FCC should confirm that all telecommunications carriers, including rural carriers, have a duty to interconnect their networks. The FCC should also determine what actions it could take to encourage transitions to IP-to-IP interconnection where that is the most efficient approach." (Footnotes omitted.)

The NEPC identifies two proceedings: GN Docket No. 09-51 and WC Docket No. 10-143. The former is the number of the proceeding initiated on April 8, 2009 for the drafting of the staff report titled "National Broadband Plan". See, Notice of Inquiry [59 pages in PDF], FCC 09-31. The later is the number for the proceeding initiated on July 29, 2010, by Public Notice [3 pages in PDF] regarding Time Warner Cable's (TWC) and CRC Communications of Maine's (CRC) petition for preemption [34 pages in PDF] of an order of the Maine Public Utilities Commission (MPUC) which interpreted the rural exemption of Section 251 and concluded there was no duty to interconnect. See also, appendix [159 pages in PDF] and appendix [163 pages in PDF] to petition.

See also, the National Cable & Telecommunications Association's (NCTA) comment [8 pages in PDF] and Verizon's comment [16 pages in PDF], both urging the FCC to preempt the MPUC order, and joint comment [16 pages in PDF] of the Maine Public Advocate and the National Association of State Utility Consumer Advocates opposing the petition to preempt.

As of November 14, 2010, the FCC's web site contained no comment from AT&T in Docket No. 10-143. However, AT&T published a comment it its web site that focuses, not on the rural exception, but on Comptel's proposal to apply the Section 251 regulatory regime to IP communications. AT&T objects to applying the old intercarrier compensation regime, and the gaming of this regime, to IP communications.

Finally, see story titled "Commentary: Interconnection and Compensation Regimes on the Internet and in Telecommunications" in TLJ Daily E-Mail Alert No. 2,001, October 12, 2009.

Kroes Says No European Commission Network Neutrality Mandates At This Time

11/11. Neelie Kroes, the European Commission's (EC) Vice-President for the Digital Agenda, gave a speech in Brussels, Belgium titled "Net Neutrality -- The Way Forward". She said that the EC should take no action at this time.

"This debate started several years ago in the United States, where no clear solution has been identified yet and discussions are still very passionate." But, said Kroes, "the debate is different here than in the United States".

She argued that "we have to avoid regulation which might deter investment and an efficient use of the available resources" and "We should allow network operators and services and content providers to explore innovative business models, leading to a more efficient use of the networks and creating new business opportunities at different levels of the Internet value chain."

Neelie KroesKroes (at left) also stated that "nearly everyone agrees that traffic management is essential, not only to optimise the provision of ``best effort services创 on the open Internet, but also to allow the development of special managed services, such as eLearning or eHealth applications".

She also concluded that "in general, providers have upheld the principle of open access -- end users may access most of the applications and services of their choice."

Although, she conceded that "blocking and ``throttling创 of sites and applications or applying differentiated end-user data charges for certain applications continues to a certain extent. This clearly creates a problem if consumers are not duly informed and do not have the possibility to easily switch to alternative providers which do not undertake such practices. Blocking of Internet telephone services i.e. Voice over Internet Protocol (VoIP) -- in particular Skype -- over mobile networks is the obvious example today."

She opined that "any content or application that is legal and which does not cause undue congestion or otherwise harm other users or network integrity should be fully accessible. In the spirit of net neutrality all such content and applications should receive equal treatment. This should not require ``must carry obligation创 on each ISP. However, the system as a whole, comprising multiple operators, should ensure that European consumers are able to easily access and distribute content, services and applications of their choice."

She stated that the EU has a telecoms framework, under which "national regulatory authorities have a clear mandate to ``promote the ability of end-users to access and distribute information or run applications and services of their choice创." Also, "regulators are also empowered to impose, in close cooperation with the Commission, minimum quality of service requirements to prevent service degradation" and "operators are required to inform customers of any traffic management measures they are deploying."

Hence, Kroes concluded, "Given the potential of those tools, it is only fair that we test their effectiveness. That means allowing a reasonable period of time after these provisions are implemented and applied to see if the new rules are working."

Commerce's Locke Discusses IPR, Innovation and Research

11/11. Secretary of Commerce Gary Locke gave a speech in Yokohama, Japan, in which he discussed intellectual property rights (IPR), innovation and research.

He said the the Department of Commerce (DOC) is working through Asia-Pacific Economic Cooperation (APEC) "to ease regulatory barriers and spur the development of a variety of emerging industries." For example, "We're working to develop goals and target dates to achieve regulatory harmonization for medical innovations. And as we work to spur these innovations, we are also working to strengthen the intellectual property protection that enables them to be created them in the first place."

He opined that "As more APEC countries move up the economic value chain, they will have to continue building a system of laws and a regulatory infrastructure that rewards and protects those who take risks to develop new innovations."

"If innovators fear that their inventions or ideas will be stolen, then one of two things will happen -- they'll either stop inventing, or they'll decide to create their inventions elsewhere", said Locke. "One of the most pernicious aspects of IP theft is that it damages the trust that companies and countries depend on to collaborate across borders."

He also said that "The world desperately needs breakthrough technological innovations to solve challenges ranging from climate change to poverty to infectious disease, and the bottom line is that IP theft makes it tougher for us to tackle them. That's why this issue will continue to be a priority for the President and his administration, the Commerce Department and I hope increasingly, the entire APEC community."

He also discussed government subsidization of research. "Over the years, basic not for profit R&D at universities and government research labs have helped spur innovations ranging from the Internet, to GPS".

He said that the "basic research happens in the lab, and then it gets handed off to an entrepreneur who turns that idea or that invention into a commercially successful business or product. It is a virtuous cycle that has been repeated time and again."

However, Locke said nothing about incenting private sector research. He said nothing, for example, about extending or revising the research and development (R&D) tax credit.

The credit was first enacted in 1981 as a temporary measure. Since then the Congress has extended it for one or a few years. There are proposals in every Congress to make it permanent. The last extension expired on December 31, 2009. See, story titled "Research Credit Remains Unextended" in TLJ Daily E-Mail Alert No. 2,114, July 29, 2010.

There is pending legislation. For example, on January 9, 2009, Rep. Kendrick Meek (D-FL) introduced HR 422 [LOC | WW], an untitled bill that would extend the R&D tax credit through 2010, and increase and make permanent the alternative simplified research credit. It now has 105 cosponsors. The bill was referred to the House Ways and Means Committee, which has taken no action on it. Rep. Meek ran for election to the Senate, and lost.

On June 8, 2009, Sen. Max Baucus (D-MT), the Chairman of the Senate Finance Committee (SFC), introduced S 1203 [LOC | WW], the "Grow Research Opportunities With Taxcredits' Help Act", or "GROWTH Act", which would extend the R&D tax credit through 2010, and increase, modify and make permanent the alternative simplified research credit. It now has 22 cosponsors. The bill was referred to the SFC, which has taken no action on it.

On Monday, November 15, Phil Bond, head of the Tech America, will host a news conference by teleconference to "present the technology industry's priorities for the lame duck session of the 111th U.S. Congress and to take questions from the media". He will urge revision and extension of the R&D tax credit.

More News

11/15. The University of Colorado Law School's (UCLS) Silicon Flatirons Center will host a two day conference on February 13-14, 2011, titled "The Digital Broadband Migration: The Dynamics of Disruptive Innovation". The speakers will include current FCC Chairman Julius Genachowski, former FCC Chairman Michael Powell, Howard Shelanski (FTC Bureau of Economics), Judge Stephen Williams (U.S. Court of Appeals, DC Circuit), Paul de Sa (FCC), and Aneesh Chopra (OSTP). See, agenda. Location: UCLS, Boulder, Colorado.

11/15. The University of Colorado Law School's (UCLS) Silicon Flatirons Center will host a one day conference on December 3, 2010, titled "Privacy and the Press: Scoops, Secrets and Ethics in the New Media Landscape". See, agenda and registration page. Location: Wittemyer Courtroom, Wolf Law Building, UCLS, Boulder, Colorado.

11/10. The Motion Picture Association of America (MPAA) announced in a release that the city of Los Angeles and the Indian film industry, represented by the Film and Television Producers Guild of India and the Film Federation of India, signed a declaration that covers, among other topics, "content protection". In March of 2010, Indian movie companies and the MPAA launched the Alliance Against Copyright Theft (AACT). See, March 18, 2010, AACT release.

11/9. Karel De Gucht, the European Commissioner for Trade, gave a speech in Brussels, Belgium, regarding Europe's trade objectives. He said that "Europe has an interest in an open trading regime within a fair and rules-based, international framework" and that "Europe rejects protectionism". He also said that "we have to complete our current negotiations", including the multilateral Doha Round, and bilateral agreements with India, Canada, Ukraine and Mercosur. And, he said that "I want to deepen our trade and investment links with other major trading partners -- the US, China, Japan and Russia -- and to build on European Council discussions on strategic partnerships. The primary focus with these countries will be on tackling non-tariff barriers to trade and investment." He added that goals include "improved market access for services and investment", "opening up public procurement", and "better protection of intellectual property".

10/28. The U.S. Court of Appeals (7thCir) issued its opinion [20 pages in PDF] in Smart Marketing Group v. Publications International, a breach of contract, fraud and duress and quasi contract case, brought under diversity jurisdiction, involving a contract to deliver internet sales leads to auto dealers. The trial jury returned a verdict of liability for breach of contract, and awarded $5.6 Million in damages. The only issue on appeal was the damages award, which the Court of Appeals reversed. This case is The Smart Marketing Group, Inc. v. Publications International, Ltd., U.S. Court of Appeals for the 7th Circuit Circuit, App. Ct. Nos. 09-2646 and 09-2812, appeals from the U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. No. 04 C 146. Judge Wood wrote the opinion of the Court of Appeals, in which Judges Evans and Sykes joined.

10/22. The U.S. Court of Appeals (5thCir) issued its opinion [12 pages in PDF] in Gene & Gene v. Biopay, a putative class action, involving allegations of sending unsolicited fax messages, brought under the federal Telephone Consumer Protection Act of 1991 (TCPA), which is codified at 47 U.S.C. 227, involving the issues of class certification and discovery. The Court of Appeals reversed the District Court's certification of the class. This case is Gene & Gene LLC v. Biopay, LLC, U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 09-31191, an appeal from the U.S. District Court for the Middle District of Louisiana. Judge Edith Clement wrote the opinion of the Court of Appeals, in which Judge Haynes joined. Judge Leslie Southwick concurred.

10/22. The U.S. Court of Appeals (5thCir) issued its opinion [12 pages in PDF] in USA v. Gi-Hwan Jeong, affirming the District Court's rejection of a jurisdictional challenge to the criminal prosecution for bribery (18 U.S.C. 201(b)(1)), honest services wire fraud (18 U.S.C. Ё 1343 and 1346), and conspiracy (18 U.S.C. 371) of a Korean national for acts committed in Korea. The defendant bribed U.S. officials to obtain a $206 Million telecommunications contract for his company. He was prosecuted and convicted in Korea. The U.S. did not seek jurisdiction that time. The U.S. later lured the defendant to the U.S., and arrested and charged him. He moved to dismiss the indictment, and the Korean government filed an amicus brief in support. The District Court denied the motion, and the Court of Appeals affirmed. This case is USA v. Gi-Hwan Jeong, U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 09-11127. Judge Carl Stewart wrote the opinion of the Court of Appeals, in which Judges Prado and Edrod joined.

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In This Issue
This issue contains the following items:
  Comptel Asks FCC to Impose 251/252 Interconnection Mandates on IP to IP Communications
  Kroes Says No European Commission Network Neutrality Mandates At This Time
  Commerce's Locke Discusses IPR, Innovation and Research
  More News
Washington Tech Calendar
New items are highlighted in red.
Monday, November 15

The House will meet at 2:00 PM for legislative business. It will consider numerous items under suspension of the rules, including S 3689 [LOC | WW], the "Copyright Cleanup, Clarification, and Corrections Act of 2010", HR 5264 [LOC | WW], the "Department of Justice Appropriations Authorization Act, Fiscal Year 2011", and a resolution providing for the concurrence by the House in the Senate amendment to HR 5566 [LOC | WW], the "Prevention of Interstate Commerce in Animal Crush Videos Act of 2010". Votes will be postponed until 6:00 PM.

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

9:00 AM. The House Ethics Committee (House Committee on Standards of Official Conduct) will hold its "adjudicatory hearing" in the matter of Rep. Charles Rangel (D-NY). See, notice [PDF].

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Bar Association v. FTC, App. Ct. No. 10-5057. Judges Rogers, Griffith and Edwards will preside. This case pertains to the Federal Trade Commission's (FTC) attempt to regulate attorneys as "creditors" within the meaning of Fair and Accurate Credit Transactions Act of 2003, Public Law No. 108-159. See, FTC brief. Location: Courtroom 11, Prettyman Courthouse, 333 Constitution Ave., NW.

11:30 AM - 2:00 PM. The American Constitution Society (ACS) will host an event titled "National Security, Government Transparency and the First Amendment". Beth Noveck (Deputy Chief Technology Officer in the Executive Office of the President) will give the keynote speech. There will also be a panel discussion. The speakers will be Adam Liptak (New York Times writer), Melanie Sloan (Citizens for Responsibility and Ethics in Washington), Vincent Warren (Center for Constitutional Rights), David Rivkin (Baker Hostetler), and Jerome Barron (George Washington University law school). Lunch will be served. This event is free. Registration is required. See, notice and registration page. Location: Carnegie Endowment for International Peace, 1779 Massachusetts Ave., NW.

12:00 NOON - 1:00 PM. Phil Bond (head of the Tech America) will host a news conference by teleconference to "present the technology industry's priorities for the lame duck session of the 111th U.S. Congress and to take questions from the media", including revising and extending the research and development tax credit. The call in number is 1-800-201-2375, the participant passcode is 151592. To register, contact Charlie Greenwald at 202-682-4443 or charlie dot greenwald at techamerica dot org or Anne Savoie at 703-284-5305 or anne dot savoie at techamerica dot org.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical and Wireless Committees will host a brown bag lunch titled "The Spectrum Inventory: Status and Implications". For more information, contact Christy Hammond, chammond at wileyrein dot com or 202-719-7365. Location: Wiley Rein, 1750 K St., NW.

12:30 - 2:00 PM. The Brookings Institution (BI) will host an event titled "Internet Governance and Regulation: What Should be the Government's Role?". See, notice and registration page. Location: BI, 1775 Massachusetts Ave., NW.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Internet Policy Task Force (IPTF) regarding government policies that restrict global information flows on the internet. See, notice in the Federal Register, September 29, 2010, Vol. 75, No. 188, at Pages 60068-60073, and story titled "NTIA Seeks Comments on Governments' Restrictions of Free Flow of Information on the Internet" in TLJ Daily E-Mail Alert No. 2,137, October 1, 2010.

Tuesday, November 16

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The schedule for the week includes consideration of numerous items under suspension of the rules, and a motion to concur in the Senate Amendment to HR 1722 [LOC | WW], the "Telework Enhancement Act of 2010", a bill pertaining to teleworking at federal agencies only.

8:00 - 10:00 AM. The Broadband Census News LLC will host a breakfast and panel discussion titled "Public Safety's Role in and the Need for Better Quality Broadband". The speakers will be Steven Berry (Rural Cellular Association), Harlin McEwen (International Association of Chiefs of Police), Lawrence Krevor (Sprint Nextel), Charles Dowd (New York Police Department), and Paul Kirby (TR Daily). The price to attend is $47.12. See, notice and registration page. This event is also sponsored by the National Cable & Telecommunications Association (NCTA) and the Telecommunications Industry Association (TIA). Location: Clyde's of Gallery Place, 707 7th St., NW.

9:00 AM - 6:30 PM. The US Telecom will host an event titled "USTelecom Voice Innovation Summit". The price to attend ranges from $395 to $495. See, notice. For more information, contact Amanda Taylor at 202-326-7361 or ataylor at ustelecom dot org. Location: US Telecom, Suite 400, 607 14th St., NW.

11:15 AM. Matt Coose (Director of the DHS's National Cyber Security Division's Federal Network Security Branch) will participate in a panel discussion on the Federal Information Security And Management Act (FISMA). This is part of the 11th Annual Security Conference and Exhibition, which runs from Tuesday, November 16, through Wednesday, November 17. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division's (AD) Economic Analysis Group (EAG) will host a presentation titled "Spectrum Auction Design". The speaker will be Peter Cramton (University of Maryland). For more information, contact Thomas Jeitschko at 202-532-4826 or atr dot eag at usdoj dot gov. Location: Liberty Square Building, 450 5th St., NW.

2:30 PM. The Senate Banking Committee (SBC) will meet in executive session to consider the nomination of Peter Diamond to be a Member of the Board of Governors of the Federal Reserve System. See, notice. Location: Room 538 Dirksen Building.

4:00 - 7:00 PM. The Information Technology and Innovation Foundation (ITIF) and Time Warner Cable will host an event titled "Perspectives on the Future of Digital Communications". The moderators will be Robert Atkinson (ITIF) and Fernando LaGuarda (Time Warner Cable). Dale Hatfield (University of Colorado at Boulder) will present a paper [16 pages in PDF] titled "The Challenge of Increasing Broadband Capacity". John Palfrey (Harvard law school) will present a paper [10 pages in PDF] titled "The Challenge of Developing Effective Public Policy on the Use of Social Media by Youth". Nicol Lee (Joint Center for Political and Economic Studies) will present a paper [12 pages in PDF] titled "The Challenge of Increasing Civic Engagement in the Digital Age". Scott Wallsten (Technology Policy Institute) will present a paper [8 pages in PDF] titled "The Future of Digital Communications Research and Policy". Christopher Yoo (University of Pennsylvania law school) will present a paper [16 pages in PDF] titled "The Challenge of New Patterns in Internet Usage". See, notice. This event if free and open to the public. Location: Chandelier Room, St. Regis Hotel, 16th and K Streets, NW.

5:30 - 6:00 PM. The American Intellectual Property Law Association (AIPLA) will host an onsite and teleconferenced event titled "Q&A for the Media" with Beno顃 Battistell, President of the European Patent Office (EPO). To register to attend, and receive the number and passcode, contact press at aipla dot org or 703-412-1315. Location: AIPLA, 241 18th South, Suite 700, Arlington, VA.

Wednesday, November 17

The House will meet at 10:00 AM legislative business.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (MPETAC) will hold a partially closed meeting. See, notice in the Federal Register, October 28, 2010, Vol. 75, No. 208, at Pages 66356-66357. Location: DOC, Room 6087B, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold an oversight hearing on the Transportation Security Administration (TSA). See, notice. Location: Room 253, Russell Building.

10:00 - 11:00 AM. The Consumer Electronics Association (CEA) and Kaufman Foundation (KF) will host a panel discussion titled "The Entrepreneur抯 Guide to Congress: Policy Challenges and Opportunities in 2011". The speakers will be Gary Shapiro (CEA), Robert Litan (KF), John Backus (New Atlantic Venture Partners), Michael Beirne (Voice of Entrepreneurs), and Jake Sigal (Livio Radio). See, notice. Location: Room 402, Cannon Building, Capitol Hill.

10:30 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Securing Critical Infrastructure in the Age of Suxtnet". Stuxnet is a complex worm, discovered by cyber security workers in July of 2010, that targets industrial control systems in order to take control of industrial facilities, such as power plants. It primarily attacked computers located in Iran and a few other countries. It may have been part of an operation of state sponsored cyber warfare. See, Symantec's web page titled "W32.Stuxnet". The witnesses will be Sean McGurk (acting Director of the Department of Homeland Security's National Cybersecurity and Communications Integration Center), Michael Assante (National Board of Information Security Examiners), Dean Turner (Symantec), and Mark Gandy (Dow Corning). See, notice. Location: Room 342, Dirksen Building.

12:00 NOON - 1:30 PM. The Heritage Foundation (HF) will host a panel discussion titled "WikiLeaks: A Danger to U.S. National Security". See, notice. The HF will webcast this event. Location: HF, 214 Massachusetts Ave., NE.

2:00 PM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing on the nomination of Eugene Dodaro to be the Comptroller General of the Government Accountability Office (GAO). See, notice. Location: Room 342, Dirksen Building.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "Television Viewers, Retransmission Consent, and the Public Interest". See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on four pending judicial nominees: Max Cogburn (USDC/WDNC), Marco Hernandez (USDC/DOre), Michael Simon (USDC/DOre), and Steve Jones (USDC/NDGa). See, notice. The SJC will webcast this event. Sen. Sheldon Whitehouse (D-RI) will preside. Location: Room 226, Dirksen Building.

4:00 - 5:30 PM. The House Intelligence Committee (HIC) will hold a closed meeting. James Clapper, Director of National Intelligence (DNI) will give a briefing. See, notice. Location: Room HVC 304, Capitol Building.

Thursday, November 18

The House will meet at 10:00 AM legislative business.

9:00 - 10:30 AM. The US Telecom will host a panel discussion titled "Rules of the Road for Behavioral Advertising: Balancing Consumer Privacy and Internet Innovation". The speakers will be Genie Barton (US Telecom), Christopher Olson (FTC), Stuart Ingis (Venable, counsel to Digital Advertising Alliance), and Kathleen Zanowik (Verizon). Breakfast will be served. See, notice. Location: US Telecom, Suite 400, 607 14th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act", and S 3728 [LOC | WW], the "Innovative Design Protection and Piracy Protection Act". The agenda also includes consideration of numerous judicial nominees: Robert Chatigny (USCA/2ndCir), Susan Carney (USCA/2ndCir), James Graves (USCA/5thCir), James Boasberg (USDC/DC), Amy Jackson (USDC/DC), Edward Davila (USDC/NDCal), Amy Totenberg (USDC/NDGa), James Shadid (USDC/CDIll), Sue Myerscough (USDC/CDIll), Paul Holmes (USDC/WDArk), Anthony Battaglia (USDC/SDCal), Diana Saldana (USDC/SDTex). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

1:00 PM. The Senate Finance Committee's (SFC) Subcommittee on International Trade, Customs and Global Competitiveness will hold a hearing titled "International Trade in the Digital Economy". The witnesses will be Ed Black (Computer and Communications Industry Association), Daniel Burton (Salesforce.com), Catherine Mann (Brandeis University), Mike Sax (Association for Competitive Technology), and Greg Slater (Intel). See, notice. Location: Room 215, Dirksen Building.

1:00 - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) and will host an event to release a report titled "The 2010 State New Economy Index". The speakers will be Robert Atkinson (ITIF) and Robert Litan (Kaufman Foundation). See, notice. This event is free and open to the public. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "The 21st Century Communications and Video Programming Accessibility Act". See, notice. CLE credits. Prices vary. Location: Arnold & Porter, 555 12th St., NW.

Day one of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Friday, November 19

The House will meet at 9:00 AM legislative business.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a public hearing regarding Malaysia's participation in ongoing negotiation of a Trans-Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on, among other things, "electronic commerce issues" and "trade-related intellectual property rights issues that should be addressed in the negotiations". See, notice in the Federal Register, October 20, 2010, Vol. 75, No. 202, at Pages 64778-64779. See also, International Intellectual Property Alliance (IIPA) request to testify. Location: OUSTR, Rooms 1 and 2, 1724 F St., NW.

9:30 AM - 12:00 NOON. The Media Access Project (MAP) will host a panel discussion titled "Online Video: Incumbent Providers Meet a Disruptive New Technology". The speakers will be Susan Fox (Disney), David Goodfriend (Weiner Brodsky Sidman & Kider), Kyle McSlarrow (National Cable & Telecommunications Association), and Johanna Shelton (Google). Breakfast will begin at 8:30 AM. This event is free and open to the public. See, notice. Location: Dickstein Shapiro, 1825 I St.,  NW.

11:00 AM. The Broadcasting Board of Governors will meet. See, notice in the Federal Register, November 12, 2010, Vol. 75, No. 218, at Pages 69397-69398. Location: Cohen Building, Room 3321, 330 Independence Ave., SW.

Day two of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Deadline for the U.S. International Trade Commission (USITC) to submit its report to the Senate Finance Committee (SFC) in its proceeding titled "China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy". See, notice in the Federal Register, May 10, 2010, Vol. 75, No. 89, at Pages 25883-25884.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its request for comments regarding creating a "fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs". See, notice in the Federal Register, September 20, 2010, Vol. 75, No. 181, at Pages 57261-57262.

Deadline to submit comments to the Department of Commerce's (DOC) Internet Policy Task Force regarding the relationship between the availability and protection of online copyrighted works and innovation in the internet economy. See, notice in the Federal Register, October 5, 2010, Vol. 75, No. 192, at Pages 61419-61424.

Saturday, November 20

Day three of a three day event hosted by the Federalist Society titled "2010 National Lawyers Convention". See, notice and agenda. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

Monday, November 22

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) and will host an event to discuss a report [107 pages in PDF] titled "The Good, The Bad, and The Ugly (and The Self-Destructive) of Innovation Policy", by Steven Ezell (ITIF) and Robert Atkinson (ITIF). The speakers will be Atkinson, Grant Aldonas (Split Rock International) and Marcus Noland (Peterson Institute for International Economics). See, notice. This event is free and open to the public. Location: ITIF/ITIC, 6th floor, 1101 K St., NW.

12:00 NOON. Deadline to submit written comments to the Office of the U.S. Trade Representative (OUSTR) regarding Malaysia's participation in ongoing negotiation of a Trans-Pacific Partnership (TPP) trade agreement. The OUSTR seeks comments on, among other things, "electronic commerce issues" and "trade-related intellectual property rights issues that should be addressed in the negotiations". See, notice in the Federal Register, October 20, 2010, Vol. 75, No. 202, at Pages 64778-64779.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [79 pages in PDF] regarding expanding the FCC's disability access technology mandates. The FCC adopted and released this item on August 5, 2010. It is FCC 10-145 in WT Docket No. 07-250. See, notice in the Federal Register: September 8, 2010, Vol. 75, No. 173, at Pages 54546-54560. See also, story titled "FCC Adopts Disability Access Policy Statement, Order, and NPRM" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Notice of Inquiry [102 pages in PDF] regarding the use of microwave for wireless backhaul. The FCC adopted and released this item on August 5, 2010. It is FCC 10-146 in WT Docket Nos. 10-153, 09-106, and 07-121. See, story titled "FCC Adopts Wireless Backhaul NPRM and NOI" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010, and notice in the Federal Register, August 24, 2010, Vol. 75, No. 163, at Pages 52185-52209.

Deadline to submit comments to the Copyright Office (CO) regarding its proposed rules changes affecting deposit account holders. The CO notice states that it proposes to "set the minimum level of activity required to hold a deposit account at 12 transactions per year; require deposit account holders to maintain a minimum balance in that account; mandate the closure of a deposit account the second time it is overdrawn; and offer deposit account holders the option of automatic replenishment of their account via their bank account or credit card." See, notice in the Federal Register, October 8, 2010, Vol. 75, No. 195, at Pages 62345-62348.