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November 24, 2010, Alert No. 2,164.
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Jury Awards Oracle $1.3 Billion

11/23. A trial jury of the U.S. District Court (NDCal) returned a verdict in Oracle v. SAP that awards Oracle $1.3 Billion damages. SAP had previously admitted liability for copyright infringement. The question before the jury was damages.

Safra Catz, President of Oracle, stated in a release that "For more than three years, SAP stole thousands of copies of Oracle software and then resold that software and related services to Oracle's own customers. Right before the trial began, SAP admitted its guilt and liability; then the trial made it clear that SAPs most senior executives were aware of the illegal activity from the very beginning. As a result, a United States Federal Court has ordered SAP to pay Oracle $1.3 billion. This is the largest amount ever awarded for software piracy."

SAP stated in a release that "We are, of course, disappointed by this verdict and will consider all available options. This will unfortunately be a prolonged process and we continue to hope that the matter can be resolved appropriately without more years of litigation. The mark of a leading company is the way it handles its mistakes. As stated in court, we regret the actions of TomorrowNow, we have accepted liability, and have been willing to fairly compensate Oracle."

Oracle filed its original complaint [PDF] against SAP on March 22, 2007. Oracle alleged in its fourth amended complaint [75 pages in PDF] that "This case is about a conspiracy, led by German software conglomerate SAP AG, to engage in and cover-up corporate theft of Oracle intellectual property on the grandest scale."

The ten count fourth amended complaint alleged copyright infringement, violation of the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030), violation of the California Computer Data Access and Fraud Act, breach of contract, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, unfair competition, trespass to chattels, unjust enrichment, and requested an accounting.

This case is Oracle Corporation, et al. v. SAP AG, et al., U.S. District Court for the Northern District of California, San Francisco Division, D.C. No. 3:07-cv-01658-PJH, Judge Phyllis Hamilton presiding.

Oracle is represented in this action by the law firm of Bingham McCutchen and others.

FCC Reschedules Meeting for December 21

11/23. The Federal Communications Commission (FCC) announced that its event titled "open meeting" scheduled for December 15, 2010, has been rescheduled for December 21, 2010. The FCC has released no agenda or tentative agenda.

The FCC may use this meeting to adopt an item that imposes a network neutrality regulatory regime. On November 19, 2010, House Republicans sent a letter [PDF] to FCC Chairman Julius Genachowski warning him that it would be a "mistake" to adopt a "network neutrality order" at the FCC's December meeting. See, story titled "House Republicans Warn Genachowski Not to Adopt Internet Regulation Order at December Meeting" in TLJ Daily E-Mail Alert No. 2,161, November 21, 2010.

A meeting on December 21 would take place when the five Commissioners and key FCC staff are in town, but almost all members of the House and Senate, and many interested parties and news reporters, are out of town.

This is a highly unusual date for holding a Commission meeting. In the last decade the FCC has not held a Commission meeting, as late as the 21st, at which items were adopted.

The FCC held an event that it titled "open meeting" in December of 2009. However, it adopted no items. There was only a staff status report. And, it was held on the 16th. The FCC had scheduled a meeting for December 18, 2008, but cancelled it. It held an event titled "open meeting" on December 30, 2008. However, the Commissioners merely met by teleconference, and only for the purpose of making announcements.

In the previous eight years, 2000 through 2007, the FCC held events titled "open meeting", in the month of December, at which it adopted items. None of these events was as late as the 21st. Many of the items adopted at these events were minor. The median date was 13.6.

Meeting dates were as follows: December 7, 2000; December 12, 2001; December 11, 2002; December 17, 2003; December 15, 2004; December 9, 2005; December 20, 2006; and December 18, 2007.

Commentary: Comparison of December 2006 to December 2010

11/23. If the Federal Communications Commission (FCC) carries through with a meeting on December 21, 2010, and adopts an item that imposes a network neutrality regulatory regime, then its 2010 and 2006 meetings will have numerous similar attributes.

The latest that the FCC has held a meeting in the month of December, at which it has adopted items, in the last decade, was December 20, 2006.

Both meetings will have adopted a major new regulatory regime -- network neutrality in 2010, and video franchising in 2006. See, order. It is FCC 06-180 in MB Docket No. 05-311.

Both meetings will have occurred late in the month of December after members of the House and Senate had left town for the holidays.

Both meetings will have instituted a regulatory regime after the Congress made diligent but unsuccessful efforts to enact legislation on the same subject. There have been network neutrality bills, amendments, and proposals in every Congress since 2006. None have been enacted into law. There was a serious effort to enact video franchising reform, as a part of a larger communications bill, in 2006. The full House, and the Senate Commerce Committee (SCC), both passed bills with a video franchising component. However, no bill was enacted into law.

If the FCC adopts a network neutrality item on December 21, then in both 2006 and 2010, the FCC will have acted in a legislative manner, to enact a regulatory regime that members of Congress attempted, but failed, to enact by legislation.

In 2006, the three FCC Republicans (Kevin Martin, Deborah Tate, and Robert McDowell) voted for the video franchising order, while the two FCC Democrats (Michael Copps and Jonathan Adelstein) vigorously dissented. In 2010, if the FCC adopts a network neutrality item, then it is highly likely that the three Democrats (Julius Genachowski, Copps, and Mignon Clyburn) will vote for it, while the two Republicans (McDowell and Meredith Baker) will vigorously dissent.

Moreover, one might expect the dissenting statements of McDowell and Baker, as well as the statements of Senators and Representatives opposed to network neutrality regulation, to read much like the dissenting statement of Adelstein in 2006.

Jonathan AdelsteinAdelstein (at right) wrote in December of 2006 that "the FCC is a regulatory agency, not a legislative body".

He continued that "Today's Order is certain to offend many in Congress, who worked long and hard on this important issue, only to have a Commission decision rushed through with little consultation. The result will be heavy oversight after-the-fact, and a likely rejection by the courts. It will solve nothing, create much confusion, and provide little certainty or progress on our shared goal of promoting real video competition and universal broadband deployment."

Adelstein added that "Congress would not have expended effort on a major piece of legislation had its members believed it was not necessary to grant the Commission explicit authority to do what the majority now contends the Commission can do under existing law."

Moreover, in both December 2006 and December 2010, the political party holding a majority of the seats on the FCC, had just lost its majority in the House. In December 2006 the three FCC Republicans were about to face a hostile House Commerce Committee (HCC) starting in January 2007. Now, the three FCC Democrats are about to face a hostile HCC.

The main difference between adopting of the video franchising order in 2006, and the possible network neutrality item in 2010, is that in 2006 there was majority support in the Congress for video franchising reform, while in 2010, there is not majority support for network neutrality regulation.

Perhaps it should also be recalled that the FCC did not actually release its video franchising order until March of 2007. The FCC adopted a ghost order on December 20, 2006, and subsequently back dated it.

Genachowski Says December Agenda to Include Next Generation 911 Item

11/23. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech [PDF] titled "Next-Generation 9-1-1" in Arlington, Virginia. He said that "Next-Generation 9-1-1" (NG 911) will include "texting, data, video, and photo". He also said that there will be "an item" on NG 911 on the agenda for the FCC's event titled "open meeting" in December.

Julius GenachwoskiGenachowski (at right) elaborated that "today's 9-1-1 system doesn't support the communication tools of tomorrow. Many 9-1-1 call centers don't even have broadband, and some are in communities where broadband isn’t even available. That is unacceptable."

He said that "650,000 9-1-1 calls are placed every day" and "450,000 of those calls are made from mobile phones ... Even though mobile phones are the device of choice for most 9-1-1 callers, and we primarily use our phones to text, right now, you can’t text 9-1-1."

He also said that NG 911 "will enable emergency calls to be placed by devices, rather than human beings. Examples of such devices include environmental sensors capable of detecting chemicals, highway cameras, security cameras, alarms, personal medical devices, and consumer electronics in automobiles."

See also, FCC release. The FCC has not yet released a tentative agenda for its December event titled "open meeting".

FCC Releases Four STELA Items

11/23. The Federal Communications Commission (FCC) released four items related to the recently enacted Satellite Television Extension and Localism Act (STELA). See also, FCC release.

The FCC adopted and released a Report and Order and Order on Reconsideration [43 pages in PDF] modifying the satellite television significantly viewed rules. This item is FCC 10-193 in MB Docket No. 10-148 and MB Docket No. 05-49.

Second, the FCC adopted and released a Report and Order and Further Notice of Proposed Rulemaking [45 pages in PDF]. The order adopts "a point-to-point predictive model for determining the ability of individual locations to receive an over-the-air digital television broadcast signal at the intensity level needed for service through the use of an antenna" as required by S 3333 [LOC | WW], the "Satellite Television Extension and Localism Act of 2010" (STELA), Public Law No. 111-175.

The NPRM portion of this item requests comments "on possible modifications to the methodology in the digital ILLR model to improve its predictive accuracy". The FCC has not yet set comment deadlines. This item is FCC 10-194 in ET Docket No. 10-152.

Third, the FCC adopted and released a Report and Order [27 pages in PDF] that amends FCC rules "to include measurement procedures for determining the strength of a digital broadcast television (DTV) signal at any specific location". This item is FCC 10-195 in ET Docket No. 06-94.

Finally, the FCC's Media Bureau (MB) released a Public Notice (PN) [6 pages in PDF] that requests comments and data to assist the FCC in preparing a report required by the STELA. The FCC has not yet set comment deadlines. This PN is DA 10-2227 in MB Docket No. 10-238.

More FCC News

11/23. The Federal Communications Commission (FCC) released a meeting agenda [PDF] for its event titled "open meeting" scheduled for November 30, 2010. It contains the same three items to be adopted as were disclosed in a tentative agenda released on November 4, 2010. The FCC will also hear a staff report on the recently enacted "Twenty-First Century Communications and Video Accessibility Act". See also, story titled "FCC Releases Tentative Agenda for November 30 Event" in TLJ Daily E-Mail Alert No. 2,150, November 8, 2010. This event is scheduled for Tuesday, November 30, 2010, at 10:30 AM, in the FCC's Commission Meeting Room, 445 12th Street, SW.

11/23. The Federal Communications Commission (FCC) released an Order [7 pages in PDF] in its proceeding titled "In the Matter of Review of the Emergency Alert System". It extends the deadline -- from March 29, 2011, to September 30, 2011 -- for implementing the new Common Alerting Protocol (CAP) associated with the forthcoming next generation Emergency Alert System (EAS). The FCC adopted it on November 18, 2010, and released the text on November 23, 2010. It is FCC 10-191 in EB Docket No. 04-296. See also, FCC release.

Commerce Department Extends Comment Deadline for Online Copyright NOI

11/23. Department of Commerce's (DOC) Internet Policy Task Force extended the deadline to submit comments in response to its notice of inquiry (NOI) regarding the relationship between the availability and protection of online copyrighted works and innovation in the internet economy.

The old deadline was November 19, 2010. See, notice in the Federal Register, October 5, 2010, Vol. 75, No. 192, at Pages 61419-61424. The new deadline is 5:00 PM on December 10, 2010. See, extension notice [PDF] to be published in the Federal Register.

Also, the U.S. Patent and Trademark Office (USPTO) and National Telecommunications and Information Administration (NTIA) jointly hosted a one day symposium on July 1, 2010, titled "Copyright Policy, Creativity & Innovation in the Internet Economy". See, agenda [PDF].

The Public Knowledge (PK), Electronic Frontier Foundation (EFF), and New America Foundation (NAF) submitted a comment [34 pages in PDF] on November 19 in which they argued that "copyright creates restrictions on free expression and the free flow of ideas" and "can also provide a powerful incentive to create". So, "copyright is fundamentally a balance between the rights of the creator and the rights of the public at large"

These three groups assert that "cyber lockers and streaming technology" have legitimate uses. They "are useful for accessing large files from anywhere in an always-connected environment. They are also a convenient way to share large files, like a long report with complex graphical elements that may be too large to transfer by email, between geographically remote individuals. Large groups of people can use a single cyber locker to coordinate projects and synchronize information even if they do not share an office or access to the same network. As file sizes grow larger and Internet connectivity grows increasingly omnipresent, so too will the use of cyber lockers and streaming technology."

They also condemn a variety of types of copyright infringement lawsuits filed by rights holders against individuals. They state that many defendants are "meritorious defenses", but are sued in distant fora, and face the potential for the award of high statutory damages. This risks stifling the growth of the online services that these individual defendants use.

They also criticize S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act" or "COICA". They state that "COICA would effectively fracture the Internet".

The Senate Judiciary Committee (SCC) amended and approved this bill on November 18, 2010. See, amendment in the nature of a substitute [17 pages in PDF], and story titled "Senate Judiciary Committee Approves Domain Name Seizure Bill" in TLJ Daily E-Mail Alert No. 2,158, November 17, 2010.

In This Issue
This issue contains the following items:
 • Jury Awards Oracle $1.3 Billion
 • FCC Reschedules Meeting for December 21
 • Commentary: Comparison of December 2006 to December 2010
 • Genachowski Says December Agenda to Include Next Generation 911 Item
 • FCC Releases Four STELA Items
 • More FCC News
 • Commerce Department Extends Comment Deadline for Online Copyright NOI
Notice

There will be no issue of the TLJ Daily E-Mail Alert on Thursday, November 25, or Friday, November 26, 2010.

Washington Tech Calendar
New items are highlighted in red.
Wednesday, November 24

The House will not meet. It will next meet on Monday, November 29, 2010, at 2:00 PM. See, HConRes 332.

The Senate will not meet. It will next meet on Monday, November 29, 2010, at 2:00 PM.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its October 25, 2010, Public Notice (PN) regarding its closed captioning rules. This PN is DA 10-2050 in CG Docket 05-231, ET Docket No. 99-254. See, notice in the Federal Register, November 17, 2010, Vol. 75, No. 221, at Pages 70168-70169.

Thursday, November 25

Thanksgiving Day. This is a federal holiday. See, Office of Personnel Management's (OPM) web page titled "2010 Federal Holidays". This is also a Supreme Court holiday.

Friday, November 26

Deadline to submit comments to the Department of Defense (DOD) in response to its notice of proposed rulemaking regarding amending its Defense Federal Acquisition Regulation Supplement (DFARS) regarding patents, data, and copyrights, including for software. See, notice in the Federal Register, September 27, 2010, Vol. 75, No. 186, at Pages 59411-59468.

Monday, November 29

The House will meet at 2:00 PM. See, HConRes 332.

The Senate will meet at 2:00 PM.

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

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [25 pages in PDF] regarding commercial radio operator licenses for maritime and aviation radio stations who perform certain functions performed within the commercial radio operators service. The FCC adopted this item on August 31, 2010, and released the text on September 8, 2010. It is FCC 10-154 in WT Docket No. 10-177. See, notice in the Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66709-66715.

Deadline to submit comments to the Copyright Royalty Judges (CRJ) in response to the CRJ's request for comments on a motion of Phase I claimants for partial distribution in connection with the 2008 cable royalty funds. The CRJ also request comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2008 cable royalty funds. See, notice in the Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66798-66799.

Deadline to submit comments to the Copyright Royalty Judges (CRJ) in response to the CRJ's request for comments on a motion of Phase I claimants for partial distribution in connection with the 2008 satellite royalty funds. The CRJs also request comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2008 satellite royalty funds. See, notice in the Federal Register, October 29, 2010, Vol. 75, No. 209, at Pages 66799-66800.

Tuesday, November 30

9:00 AM - 2:00 PM. The Department of Commerce's (DOC) National Medal of Technology and Innovation Nomination Evaluation Committee will hold a closed meeting. See, notice in the Federal Register, November 15, 2010, Vol. 75, No. 219, at Pages 69631-69632. Location: USPTO, 600 Dulany Street, Alexandria, VA.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". See, agenda [PDF] and story titled "FCC Releases Tentative Agenda for November 30 Event" in TLJ Daily E-Mail Alert No. 2,150, November 8, 2010. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:30 - 5:30 PM. The American University (AU) law school will host a conference titled "Social Networking and Litigation: Friend or Unethical Foe?" The price is free for attendance, but $55 for CLE credits. See, registration page. For more information, contact AU at 202-274-4075 or secle at wcl dot american dot edu. Location: 4801 Massachusetts Ave., 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 "The New Hour: Measuring the Value of Local Television News". The speaker will be Lisa George (Hunter College). 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.

TIME? The Senate Homeland Security and Government Affairs Committee (HSGAC) will meet to consider the nomination of Eugene Dodaro to be Comptroller General of the Government Accountability Office (GAO). See, notice. Location: Room 216, Hart Building.

6:00 - 9:00 PM. Ericsson and the Federal Communications Bar Association's (FCBA) International and Wireless Telecommunications Committees will host an event titled "Holiday Program and Networking Reception". Location: 2900 K St., NW.

11:59 PM. Deadline to submit comments to the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Nanoscale Science, Engineering, and Technology Subcommittee regarding the draft document [48 pages in PDF] titled "2010 National Nanotechnology Initiative Strategic Plan". See, notice in the Federal Register, November 1, 2010, Vol. 75, No. 210, at Pages 67149-67150. However, the OSTP states that it only wants one page comments.

Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division regarding the proposed final judgment in USA v. Adobe, et al., D.C. No. 1:10-CV-01629. The DOJ initiated and settled an action against Adobe Systems, Apple, Google, Intel, Intuit, and Pixar alleging violation of Section 1 of the Sherman Act, which is codified at 15 U.S.C. § 1, in connection with their anticompetitive conduct in the hiring of highly skilled technical employees. The settlement requires public notice and comment, and approval by the District Court. The DOJ's notice in the Federal Register states that comments are due within 60 days of publication of its notice in the Federal Register. However, it does not fix an actual date. See, Federal Register, October 1, 2010, Vol. 75, No. 192, at Pages 61419-61424. See also, story titled "DOJ Stops Tech Companies' Anticompetitive Hiring Practices" in TLJ Daily E-Mail Alert No. 2,133, September 27, 2010.

Wednesday, December 1

Hannukah begins.

9:00 - 10:30 AM. The Center for American Progress (CAP) will host a panel discussion titled "The Need for a U.S. Competitiveness Strategy". The speakers will be Rep. Bart Gordon (D-TN), Charlene Barshefsky (USTR in the Clinton administration), William Daley (Secretary of Commerce in the Clinton administration), Leo Gerard (United Steelworkers Union), Brad Smith (General Counsel of Microsoft), John Podesta (CAP), and Sarah Wartell (CAP). See, notice and registration page. Location: CAP, 10th floor, 1333 H St., NW.

10:30 AM - 12:00 NOON. The Heritage Foundation (HF) will host a panel discussion titled "The Implications of Taiwan's Big City Elections". The speakers will include Ho Szu-yin, former Deputy National Security Adviser, Taiwan. See, notice. The HF will webcast this event. Location: HF, 214 Massachusetts Ave., NE.

11:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "WikiLeaks". See, notice. Location: Room HVC-304, Capitol Building.

3:30 - 4:45 PM. The New America Foundation (NAF) will host an event titled "Technology, Social Innovation and Civic Participation". See, notice and registration page. Location: NAF, Suite 400, 1899 L St., NW.

Thursday, December 2

8:30 AM - 12:30 PM. The Phoenix Center for Advanced Legal & Economic Public Policy Studies will host a half day conference titled "2010 Annual U.S. Telecoms Symposium". At 8:45 AM, Lawrence Spivak (Phoenix President) will speak. At 9:00 - 10:00 AM, there will be a panel titled "Economists Roundtable". The speakers will be Tim Brennan (UMBC), Jonathan Baker (FCC Chief Economist), Joe Farrell (FTC Chief Economist), George Ford (Phoenix Chief Economist), and Jerry Duvall (FCC). At 10:15 - 10:45 AM, Blair Levin (Aspen Institute) will speak titled "Rethinking Broadband Policy". At 11:00 AM - 12:00 NOON, there will be a panel titled "Promoting Innovation, Investment and Jobs". The speakers will be Paul de Sa (Chief of the FCC's Office of Strategic Planning and Policy Analysis), Michael Mandel (Visible Economy), Phil Weiser (EOP), Michael Rollins (Citi Investment Research), and George Ford (Phoenix). At 12:00 NOON - 12:30 PM, FCC Commissioner Meredith Baker will speak. This event is free and open to the public. See, notice and registration page. Location: University Club, 1135 16th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 3728 [LOC | WW], the "Innovative Design Protection and Piracy Protection Act". The agenda also again 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.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Do-Not-Track Legislation: Is Now The Right Time?". See, notice. Location: Room 2123, Rayburn Building.

12:00 NOON - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust will host a telecast panel discussion titled "Symposium on Broadband Reclassification and Net Neutrality: What's at Stake? What's the End Game?". The speakers will be Neil Fried (Republican Counsel, House Commerce Committee), Parul Desai (Consumers Union), Glenn Manishin (Duane Morris), Lee Selwyn (Economics and Technology, Inc.), Marty Stern (K&L Gates), and Adam Di Vincenzo (Gibson Dunn). See, notice [PDF] and registration page.

2:00 PM. The Federal Communications Commission's (FCC) Office of Strategic Plans and Policy Analysis will host presentation by Dan Reed (Microsoft) titled "Cloud Services and Natural User Interfaces". To request permission to attend, contact Jonathan Levy at 202-418-2030 or jlevy at fcc dot gov. Free. See, notice. Location: FCC, 445 12th St., SW.

2:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, November 16, 2010, Vol. 75, No. 220, at Page 70004. Location: FCC, Commission Meeting Room, 445 12th St., SW.

2:40 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation titled "Pro and Anti-Competitive Effects of Certification in Markets with Asymmetric Information". The speaker will be Thomas Jeitschko (Department of Justice and Michigan State University). For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: ground floor Conference Center, 601 New Jersey Ave., NW.

Deadline to submit comments to the Office of Management and Budget (OMB) regarding its proposed guidance on President Obama's June 18, 2010, memorandum to the heads of agency boards and commissions regarding "Lobbyists on Agency Boards and Commissions". Comments are due within "30 days from the publication of this notice", which is December 2, 2010. See, notice in the Federal Register, November 2, 2010, Vol. 75, No. 211, at Pages 67397-67399.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding assignment of telephone numbers associated with internet based Telecommunications Relay Service (iTRS), Video Relay Service (VRS) and IP Relay. The FCC adopted this item on September 16, 2010, and released the text on September 17. It is FCC 10-161 in CG Docket No. 03-123, WC Docket No. 05-196, and WC Docket No. 10-191. See, notice in the Federal Register, November 2, 2010, Vol. 75, No. 211, at Pages 67333-67341.

Friday, December 3

Supreme Court conference day (discussion of argued cases, and decision on cert petitions). Closed.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft of SP 800-78 -3 [20 pages in PDF] titled "Cryptographic Algorithms and Key Sizes for PIV".

Deadline to submit reply comments to the Copyright Office (CO) in response to its notice of proposed rulemaking (NPRM) regarding "whether a cable operator may receive refunds in situations where it has failed to pay for the carriage of distant signals on a system-wide basis under the Copyright Act, before it was amended to allow a cable system to calculate its royalty fees on a community-by-community basis." See, original notice in the Federal Register, October 4, 2010, Vol. 75, No. 191, at Pages 61116-61118, and correction notice in the Federal Register, October 12, 2010, Vol. 75, No. 196, at Page 62488. See also, story titled "Copyright Office Issues NPRM Regarding Refunds Under the Cable Statutory License" in TLJ Daily E-Mail Alert No. 2,140, October 11, 2010.

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