Tech Law Journal Daily E-Mail Alert
Wednesday, April 6, 2011, Alert No. 2,218.
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112 Economists Back Incentive Auctions

4/6. 112 economists joined in a letter to President Obama advocating the use of incentive auctions for spectrum. Some also attended an event at the White House on April 6, 2011.

An incentive auction would provide for the sharing of spectrum auction proceeds with the licensees who voluntarily relinquish that spectrum. It would provide a financial incentive for television broadcasters and other licensees to relinquish some of their spectrum.

Proponents, such as Representatives and Senators who have introduced legislation to authorize such auctions, add that incentive auctions must be truly voluntary.

Although, broadcasters remain cautious. The National Association of Broadcasters' Dennis Wharton stated in a release after the event that the "NAB does not oppose incentive auctions that are truly voluntary. We would remind our economist friends that broadcasters returned more than a quarter of the spectrum held by TV broadcasters less than two years ago, and that those airwaves have yet to be fully deployed."

He added that the "NAB welcomes an ongoing dialogue with policymakers on how to resolve wireless carrier capacity challenges without threatening the fabric of an essential American institution: free and local television."

The economists wrote in their letter that "Incentive auctions can facilitate the repurposing of spectrum from inefficient uses to more valuable uses while minimizing the transaction costs incurred."

They continued that "Historically, the FCC allocated spectrum for specific uses such as television, radio, or satellite services. Spectrum rules are meant to resolve conflicting uses, much as a city might engage in zoning to protect homeowners from noisy or dirty industrial developments. Because of changing technologies, demand, and relative costs, old spectrum allocations based on out-of-date assumptions have become inefficient, wasting valuable spectrum resources. Existing laws do not give the FCC the tools it needs to allow spectrum to be reallocated efficiently and quickly from old uses to newer, currently more valuable uses."

"Transitioning spectrum to more valuable uses is relatively easy and almost spontaneous when simple, single transactions can provide most of the joint benefits. But repurposing radio spectrum can entail complex transactions involving several parties."

For example, the economists wrote, "a buyer may be reluctant to acquire licenses piecemeal because of the risk that it might fail to aggregate a sufficient quantity of appropriate licenses. However, a centralized auction that incorporates package bidding helps assure the buyer that it would not be saddled with an inefficiently small aggregation of licenses, and also allows a buyer to compare alternative acquisition strategies more systematically."

"A centralized marketplace can also reduce the transaction costs and hold out problems that sometimes arise when the ability to set up a service requires negotiating rights from many different parties".

For example, "current broadcast licenses have many overlapping geographic areas' it might be difficult to come to satisfactory agreements in a timely manner with a sufficient number of incumbent licensees in any particular geographic area, or enough geographic areas across the county, to establish a viable wireless service."

FCC Chairman Julius Genachowski gave a speech at the same White House spectrum event in which he advocated the use of incentive auctions. He stated that "We need to tackle the looming spectrum crunch by dramatically increasing the new spectrum available for mobile broadband, and the efficiency of its use. But the days for easy reallocations are over.

He advocated "fostering greater efficiency in technology and software, spurring dynamic spectrum sharing and secondary markets, and releasing unlicensed spectrum for the next generation of Wi-Fi, machine-to-machine communication and other innovations."

But, he also said that "The single most important step we can take is implementing voluntary incentive auctions. Incentive auctions are based on the same premise as the original spectrum auctions -- unleashing market forces to reallocate this scarce resource. But they are two-sided auctions, providing for licensees who voluntarily supply spectrum to receive a share of the proceeds. It's an incentive-based approach, grounded in strong free-market principles.".

The FCC released a staff report [376 pages in PDF] titled "A National Broadband Plan for Our Future" on March 15, 2010, which articulated the goal of making "500 megahertz of spectrum newly available for broadband within 10 years, of which 300 megahertz should be made available for mobile use within five years". See, story titled "FCC Releases National Broadband Plan" in TLJ Daily E-Mail Alert No. 2,058, March 15, 2010.

President Obama issued a Memorandum on June 28, 2010, in which he asked the FCC and National Telecommunications and Information Administration (NTIA) to identify and make available 500 megahertz of spectrum.

On April 4, 2011, the NTIA released a report [PDF] titled "First Interim Progress Report on the Ten-Year Plan and Timetable" that address the status of attaining this 500 megahertz goal.

The CTIA stated in a release on April 6 that "there are significant economic benefits that will flow from adoption of incentive auction legislation and reallocation of spectrum from lower value broadcast use to higher value mobile broadband use. Despite today’s challenging economic conditions, a broadcast incentive auction for underused or unused spectrum could generate more than $30 billion for the U.S. Treasury."

The CTIA added that "We appreciate the leadership of the White House, the FCC Chairman and other policymakers who are working hard to secure more spectrum for our industry. Let’s move quickly to get this spectrum to auction so the wireless industry can continue to lead the world in innovation."

Legislative Proposals that Pertain to Incentive Auctions

4/6. The following is a list of some legislative proposals that pertain to incentive auctions.

111th Congress

HR 5947 [LOC | WW], the "Voluntary Incentive Auctions Act of 2010", introduced by former Rep. Rick Boucher (D-VA) and Rep. Cliff Stearns (R-FL) on July 29, 2010. See, story titled "Rep. Boucher and Rep. Stearns Introduce Voluntary Incentive Auctions Act" in TLJ Daily E-Mail Alert No. 2,114, July 29, 2010.

S 3756 [LOC | WW], the "Public Safety Spectrum and Wireless Innovation Act", introduced by Sen. John Rockefeller (D-WV) on August 5, 2010. It would allocate the 10 megahertz of spectrum, which the FCC previously failed to auction as the D block, to public safety to support a nationwide interoperable wireless broadband network. It would also provide the FCC authority to hold incentive auctions based on the voluntary return of spectrum. See, story titled "Sen. Rockefeller to Introduce Public Safety Spectrum and Wireless Innovation Act" in TLJ Daily E-Mail Alert No. 2,109, July 21, 2010, and "Senate Commerce Committee Holds Hearing on Public Safety Network" in TLJ Daily E-Mail Alert No. 2,134, September 28, 2010. See, Section 204.

S 3610 [LOC | WW] the "Spectrum Measurement and Policy Reform Act", introduced by Sen. Olympia Snowe (R-ME) and Sen. John Kerry (D-MA) on July 19, 2010. This is a broad bill pertaining to spectrum management and use, that also addresses incentive auctions. See, story titled "Sen. Snowe Introduces Bill to Reform Spectrum Management" in TLJ Daily E-Mail Alert No. 2,109, July 21, 2010

112th Congress

HR 607 [LOC | WW], the "Broadband for First Responders Act of 2011", introduced by Rep. Peter King (R-NY) on February 10, 2011. It pertains to the D Block.

HR 911 [LOC | WW], the "Spectrum Inventory and Auction Act of 2011", introduced by Rep. John Barrow (D-GA) on March 3, 2011. This is a bill to provide for incentive auctions and a spectrum inventory.

S 28 [LOC | WW], the "Public Safety Spectrum and Wireless Innovation Act", introduced by Sen. Rockefeller and others on January 25, 2011. This the 112th Congress version of S 3756 from the 111th Congress.

S 415 [LOC | WW], the "Spectrum Optimization Act", introduced by Sen. Mark Warner (D-GA) on February 17, 2011. This is a short bill that only provides for incentive auctions.

S 455 [LOC | WW], the "Reforming Airwaves by Developing Incentives and Opportunistic Sharing Act" or the "RADIOS Act'", introduced by Sen. Snowe on March 2, 2011. This is related to S 3610 (111th Congress). Section 9 contains the language authorizing incentive auctions.

S 522 [LOC | WW], the "Spectrum Relocation Improvement Act of 2011", introduced by Sen. Warner on March 9, 2011. This bill pertains to the relocation of federal spectrum.

Verizon Pays $93 Million to Settle False Claims Act Claims

4/5. The Department of Justice (DOJ) announced in a release that Verizon Communications has paid $93,525,410.96 in settlement of qui tam claims brought under the False Claims Act (FCA), 37 U.S.C. §§ 3721-3733, by Stephen M. Shea and 2Probe LLC that Verizon overcharged the General Services Administration (GSA) on invoices for voice and data communications contracts with the federal government.

This pertains to ten year old contracts between the federal government and MCI Communications Services Inc., which is now a Verizon subsidiary.

The DOJ elaborated that "Verizon and MCI submitted false claims under the contracts for the reimbursement of property taxes, common carrier recovery charges and unallowable surcharges, charges that are not directly reimbursable under the" contracts.

The case is U.S. ex rel. Stephen M. Shea and 2Probe LLC v. Verizon Communications Inc., U.S. District Court for the District of Columbia, D.C. No. 1:07CV00111 (GK).

EPIC Launches Campaign Regarding FTC Settlement with Google on Buzz

4/6. The Federal Trade Commission (FTC) published a notice in the Federal Register that announces, describes, and sets the deadline for the public to submit comment on, its consent agreement with Google regarding Google Buzz.

On March 30, 2011, the FTC issued an administrative complaint [8 pages in PDF] against Google alleging that it violated FTC Act, and the US-EU Safe Harbor Framework, in connection with the initial launch of its Buzz social networking service.

The FTC and Google simultaneously entered into an Agreement Containing Consent Order [9 pages in PDF] which mandates a comprehensive privacy program for Google, and other things. See, story titled "FTC Issues and Settles Complaint Against Google" in TLJ Daily E-Mail Alert No. 2,213, March 31, 2011.

The consent agreement is also subject to final approval by the FTC following a thirty day public comment period. The FTC also released a document [PDF] titled "Analysis of Proposed Consent Order to Aid Public Comment".

The FTC's final approval following public comment is perfunctory in most of its proceedings. However, on April 5, the Electronic Privacy Information Center (EPIC), launched a campaign to solicit and generate public comment on the Google Buzz agreement, and privacy issues generally.

The EPIC's complaint filed with the FTC against Google on February 16, 2010, and its amended complaint on March 2, 2010, preceded the FTC's investigation and action.

The EPIC created a web page titled "Fix Google Privacy!" in which users can submit electronic comments that will be forwarded to the FTC. However, the EPIC also invites users to comment on a wide range of privacy issues, including matters not at issue in the Buzz proceeding.

Moreover, the EPIC allows users to select pre-written privacy enhancing recommendations for the FTC, such as "the FTC should require Google to ... Stop behavioral profiling of Internet users".

The EPIC web page also allows users to select the following:

  • "Limit data retention to the minimum time necessary
  • Routinely encrypt all cloud-based services (Gmail, Docs, etc.)
  • Not disclose user data to law enforcement without a warrant
  • Allow users to use Google services anonymously
  • Stop behavioral profiling of Internet users
  • Limit Google's use of a web site's Analytics data
  • Not require Google Accounts for Android phones
  • Not track Android users without explicit permission
  • Be transparent as to what data it collects on users
  • Allow users to control the information Google collects on them
  • Encrypt all Gmail to Gmail emails and chats using open standards like pgp
  • Refrain from offering facial recognition services"

The deadline to submit comments to the FTC is May 2, 2011.

See, Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18762-18765.

IRS Releases Revenue Procedures for Communications Network Property

4/4. The Internal Revenue Service (IRS) released three Revenue Procedures tax treatment of communications companies' expenditures to maintain, replace, and improve wireless and wireline network property, and recovery periods for depreciation of certain tangible assets used by wireless companies.

See, Revenue Procedure 2011-28 [13 pages in PDF], Revenue Procedure 2011-27 [12 pages in PDF] and Revenue Procedure 2011-22 [11 pages in PDF].

The IRS stated in a release that RP 11-28 provides "two alternative safe-harbor methods for determining the amount of network asset repair and replacement expenditures that must be capitalized", RP 11-27 provides "similar safe harbors for `wireline´ telecom carriers, firms with `landline´ networks", and RP 11-22 provides "a safe-harbor method for determining the recovery period for depreciation of certain tangible assets used by wireless telecommunications carriers".

The CTIA, which represents wireless companies, stated in a release that RP 11-28 "will provide a guideline to settling issues that have caused significant confusion for both the taxpayers and the IRS. It has been a pleasure to work with such remarkable professionals from the IRS and the industry looks forward to working with them on future issues that are important to ensure clarity for all parties."

People and Appointments

4/4. The Senate confirmed Jimmie Reyna to be a Judge of the U.S. Court of Appeals (FedCir) by a vote of 86-0. See, Roll Call No. 47. He has worked in the Washington DC office of the law firm of Williams Mullen on international trade matters. See, story titled "Obama Nominates Jimmie Reyna for Federal Circuit" in TLJ Daily E-Mail Alert No. 2,138, October 4, 2010.

4/4. The Consumer Electronics Association (CEA) announced in a release that Sen. Tom Coburn (R-OK) and Rep. Anna Eshoo (D-CA) will be honored at, and speak at, its event titled "Digital Patriots Dinner" on May 11, 2011, in Washington DC.

4/6. President Obama nominated Sharon Gleason to be a Judge of the U.S. District Court for the District of Alaska. See, White House news office release and release.

4/6. President Obama nominated Susan Hickey to be a Judge of the U.S. District Court for the Western District of Arkansas. See, White House news office release and release.

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In This Issue
This issue contains the following items:
 • 112 Economists Back Incentive Auctions
 • Legislative Proposals that Pertain to Incentive Auctions
 • Verizon Pays $93 Million to Settle False Claims Act Claims
 • EPIC Launches Campaign Regarding FTC Settlement with Google on Buzz
 • IRS Releases Revenue Procedures for Communications Network Property
 • People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Thursday, April 7

The House will meet at 10:00 AM legislative business. The House may conclude its consideration of HJRes 37, a resolution disapproving the Federal Communications Commission's (FCC) rules regulating broadband internet access service (BIAS) providers. See, Rep. Cantor's schedule for the week of April 4, and schedule for April 7.

The Senate will meet at 10:00 AM.

Day one of a two day event hosted by the National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop III". See, notice in the Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 13984-13985. Location: NIST, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM - 5:30 PM. Day two of a two day seminar hosted by the U.S. Patent and Trademark Office (USPTO) titled "USPTO China Road Show: Protecting Your Intellectual Property in China and the Global Marketplace". Free. Open to the public. The deadline to register is April 5. See, notice and registration page. Location: USPTO, James Madison Auditorium North, 600 Dulany Street, Concourse Level, Alexandria, VA.

9:00 AM - 12:00 NOON. Day two of a two day meeting of the National Archives and Records Administration (NARA) Advisory Committee on the Electronic Records Archives (ACERA). See, notice in the Federal Register, March 21, 2011, Vol. 76, No. 54, at Page 15349. Location: 700 Pennsylvania Ave., NW.

10:00 AM - 1:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "National Reconnaissance Program and National Geospatial Program FY 2012 Budget Overview". See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM. The House Small Business Committee's (HSBC) Subcommittee on Healthcare and Technology will hold a hearing on HR __, the "Creating Jobs Through Small Business Innovation Act of 2011". This bill pertains to the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (SBTT) programs. See, notice. Location: Room 2360, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY 2012 budget request for the National Institute of Standards and Technology (NIST). The witness will be NIST Director Patrick Gallagher. Location: Room H-309, Capitol Building.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing on the pending U.S.-Korea Free Trade Agreement. See, notice. Location: Rooom 1100, Longworth Building.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". The FCC will webcast this event. The FCC will webcast this event. See, agenda. See also, story titled "FCC Releases Tentative Agenda for April 7 Meeting" in TLJ Daily E-Mail Alert No. 2,207, March 23, 2011. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Goodwin Liu (to be a Judge of the U.S. Court of Appeals for the 9th Circuit). The agenda also includes consideration Esther Salas (USDC/DNJ), Paul Oetken (USDC/SDNY), and Paul Engelmayer (USDC/SDNY). The agenda also includes consideration of S 410 [LOC | WW], the "Sunshine in the Courtroom Act". The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

11:15 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science and Related Agencies will hold a hearing on the FY 2012 budget request for the Federal Bureau of Investigation (FBI). The witness will be FBI Director Robert Mueller. Location: Room 192, Dirksen Building.

12:00 NOON - 2:00 PM. The Tech Freedom and Competitive Enterprise Institute (CEI) will host an event titled "What Should Lawmakers Do About Rogue Websites?". The speakers will be Juliana Gruenwald (National Journal), Daniel Castro (Information Technology & Innovation Foundation), Larry Downes (TF), Danny McPherson (VeriSign), Ryan Radia (CEI), David Sohn (Center for Democracy & Technology), and Thomas Sydnor (Association for Competitive Technology). Register by email: nciandella at cei dot org. Lunch will be served. Free. Open to the public. Location: National Press Club, 13th Floor, 529 14th St. NW.

2:30 PM. The Senate Foreign Relations Committee (SFRC) will hold a hearing on the nomination of Kurt Tong to be U.S. Senior Official for the Asia-Pacific Economic Cooperation (APEC) Forum. See, notice. The SFRC will webcast this hearing. Location: Room 419, Dirksen Building.

4:00 PM. George Mason University (GMU) will host a lecture by Shane Greenstein (Northwestern University business school) titled "The Mythology of Networks and Other Lessons from the Commercial Internet". See, notice. Location: Room 120, Hazel Hall, GMU law school, Arlington, VA.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Preserving Intellectual Property Rights in Government Contracts: A Beginner’s Guide (Part 1)". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense, Office of General Counsel), John Lucas (Department of Energy), and James McEwen (Stein McEwen). See, notice. The price to attend ranges from $89 to $129. CLE credits. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day two of a four day conference hosted by the the American Bar Association (ABA) titled "26th Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Deadline to submit comments to be considered by the Federal Trade Commission (FTC) in advance of its April 28, 2011, event titled "Public Workshop: Debt Collection 2.0: Protecting Consumers as Technologies Change". See, notice in the Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 14010-14014, and story titled "FTC Workshop to Address Use of Facebook and Other New Technologies for Debt Collection" in TLJ Daily E-Mail Alert No. 2,204, March 15, 2011.

Friday, April 8

The House will not meet. See, Rep. Cantor's schedule for the week of April 4.

Day two of a two day event hosted by the National Institute of Standards and Technology (NIST) titled "Cloud Computing Forum & Workshop III". See, notice in the Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 13984-13985. Location: NIST, 100 Bureau Drive, Gaithersburg, MD.

Day three of a four day conference hosted by the the American Bar Association (ABA) titled "26th Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Saturday, April 9

Day four of a four day conference hosted by the the American Bar Association (ABA) titled "26th Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Monday, April 11

3:30 - 5:00 PM. The Heritage Foundation (HF) will host an vent titled "Taiwan's Future in the Asian Economic Order". The speakers will be Rupert Hammond-Chambers (US-Taiwan Business Council), Rick Ruzicka (American Institute in Taiwan), Jay Eizenstat (Miller & Chevalier), and Derek Scissors (HF). See, notice. Free. Open to the public. Location: HR, 214 Massachusetts Ave., NE.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Software Development Contracts: Practical Advice on Drafting, Managing, and Litigating". The speaker will be David Temeles, Cornerstone Venture Law. See, notice. The price to attend ranges from $89 to $129. CLE credits. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day one of a three day convention hosted by the American Cable Association (ACA). See, convention web site. Location: Hyatt Regency Hotel, 400 New Jersey Ave., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its supplementary guidelines for the examination of claims in patent applications for compliance with the second paragraph of 35 U.S.C. § 112, which requires that claims particularly point out and distinctly claim the subject matter that applicant regards as his or her invention. See, notice in the Federal Register, February 9, 2011, Vol. 76, No. 27, at Pages 7162-7175.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding spectrum use in the Experimental Radio Service (ERS). The FCC adopted and released this NPRM on November 30, 2010. It is FCC 10-197 in ET Docket No. 10-236. See, notice in the Federal Register, February 8, 2011, Vol. 76, No. 26, at Pages 6927-6956.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [58 pages in PDF] regarding development of a technical interoperability framework for a nationwide public safety broadband network in the 700 MHz band. The FCC adopted this NPRM on January 25, 2011, and released the text on January 26, 2011. It is FCC 11-6 in PS Docket No. 06-229, WT Docket 06-150, and WP Docket 07-100. See, notice in the Federal Register, February 24, 2011, Vol. 76, No. 37, at Pages 10295-10299.

Tuesday, April 12

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "The Costs of Global Intellectual Property Piracy: How Can They Be Empirically Quantified?". The speakers will be Sean Flynn (American University law school), Bruce Lehman (International Intellectual Property Institute), Morgan Reed (Association for Competitive Technology), Stephen Siwek (Economists, Inc.), and Loren Yager (GAO). Breakfast will be served. This is open to the public. 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 Public Knowledge (PK). Location: Clyde's of Gallery Place, 707 7th St., NW.

11:45 AM - 2:00 PM. The Free State Foundation (FSF) will host a panel discussion titled "Regulatory Reform at the FCC: Why Not Now?" The speakers will be Rep. Cliff Stearns (R-FL), Ed Lazarus (FCC Chief of Staff), James Assey (NCTA), Steve Largent (CTIA), Walter McCormack (US Telecom) and Gigi Sohn (Public Knowledge). This event is free and open tot the public. Lunch will be served. To register, contact Kathee Baker at kbaker at freestatefoundation dot org. Location: Congressional Meeting Room North, Capitol Visitor Center.

1:30 PM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Using Spectrum to Advance Public Safety, Promote Broadband, Create Jobs, and Reduce the Deficit". The witnesses will be former Sen. Slade Gorton (R-WA), Charles Dowd (New York Police Department), Coleman Bazelon (The Brattle Group), Mary Dillon (P/CEO of U.S. Cellular), Robert Good (WGAL-TV), Julius Knapp (Chief of the FCC's Office of Engineering and Technology), and Peter Pitsch (Intel). See, notice. Location: Room 2123, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up numerous bills. The agenda includes no communications of information technology related bills. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Crime and Terrorism will hold a hearing titled "Cyber Security: Responding to the Threat of Cyber Crime and Terrorism". See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution will hold a hearing on HR __, the "Private Property Rights Protection Act". See, notice. This bill has not yet been introduced. There was an identically titled bill in the 111th Congress, HR 1885 [LOC | WW]. That bill was a reaction to abuse of the power of eminent domain, and the Supreme Court's 2005 opinion in Kelo v. New London, 545 U.S. 469. That bill did not expressly address state or local government seizure of patents, copyrights or trademarks. Location: Room 2141, Rayburn Building.

Day two of a three day convention hosted by the American Cable Association (ACA). FCC Commissioner Mignon Clyburn will speak at 10:30 AM. See, convention web site. Location: Hyatt Regency Hotel, 400 New Jersey Ave., NW.

Deadline to submit comments to the Department of Homeland Security's (DHS) Science & Technology Directorate regarding its data collection forms for the CyberForensics Electronic Technology Clearinghouse (CyberFETCH) program. See, notice in the Federal Register, February 11, 2011, Vol. 76, No. 29, at Pages 7870-7871.

Wednesday, April 13

8:40 AM - 3:30 PM. The U.S. China Economic and Security Review Commission (USCESRC) will hold a hearing titled "China's Current and Emerging Foreign Policy Priorities". See, notice in the Federal Register, April 6, 2011, Vol. 76, No. 66, at Page 19188. Location: Room 216, Hart Building, Capitol Hill.

12:00 NOON - 1:30 PM. The Phoenix Center for for Advanced Legal & Economic Public Policy Studies will host an event titled "Regulatory Expenditures, Economic Growth and Jobs: An Empirical Study". The speakers will be George Ford (Phoenix), author of a paper with the same title, Rep. Jim Jordan (R-OH), Phil Kerpen (Americans for Prosperity), Jerry Ellig (Mercatus Center), former Rep. David McIntosh (Mayer Brown), and Grover Norquist (Americans for Tax Reform). See, notice. This event is free and open to the public. Lunch will be served. Register at 202-274-0235 or rsvp at phoenix-center dot org. Location: Room 210, Cannon Building.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Commercial and Administrative Law will hold a hearing on HR __, a yet to be introduced bill titled the "Business Activity Tax Simplification Act of 2011". See, notice. Rep. Bob Goodlatte (R-VA) and former Rep. Rick Boucher (D-VA) tried over many Congresses to pass such a bill. See, for example, HR 1083 [LOC | WW] in the 111th Congress. Location: Room 2141, Rayburn Building.

2:00 PM. The House Ways and Means Committee's (HWMC) Subcommittee on Social Security will hold a hearing titled "Role of Social Security Numbers in Identity Theft and Options to Guard Their Privacy". See, notice. Location: Room B-318, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a presentation titled "Ain't it "Suite?" Bundling in the PC Office Software Market". The speaker will be Neil Gandal, co-author of a paper [PDF] with this title. 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.

3:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Judicial and Executive Nominations". See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

6:00 - 8:00 PM. There will be a book party for the book [Amazon] titled "The Comeback: How Innovation Will Restore the American Dream" by Gary Shapiro, head of the Consumer Electronics Association (CEA). Rep. Darrell Issa (R-CA) will speak. For more information, contact please contact Krista Strum at krista dot strum at 463 dot com or 202-463-0013 x209.

Day three of a three day convention hosted by the American Cable Association (ACA). Rep. Greg Walden (R-OR) will speak at 8:00 AM. See, convention web site. Location: Hyatt Regency Hotel, 400 New Jersey Ave., NW.

Further extended deadline to submit reply comments to the Library of Congress's (LOC) Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding federal coverage of sound recordings fixed before February 15, 1972. See, notice in the Federal Register, November 3, 2010, Vol. 75, No. 212, at Pages 67777-67781. This notice states that the deadline to submit reply comments is December 3, 2010. The LOC web site corrected the reply comment deadline to January 19, 2011. See also, correction notice in the Federal Register, November 18, 2010, Vol. 75, No. 222, at Pages 70704-70705. See also, extension notice in the Federal Register, December 1, 2010, Vol. 75, No. 230, at Pages 74749-74750. See also, further extension notice in the Federal Register, February 24, 2011, Vol. 76, No. 37, at Pages 10405-10406. This proceeding is LOC Docket No. 2010-4. See also, story titled "Library of Congress Issues NOI on Extending Copyright Act to Pre 1972 Sound Recordings" in TLJ Daily E-Mail Alert No. 2,150, November 8, 2010.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [152 pages in PDF] regarding disability access and S 3828 [LOC | WW], the "Twenty-First Century Communications and Video Accessibility Act of 2010" (CVAA), signed into law on October 8, 2010, and S 3304 [LOC | WW]. This NPRM proposes to adopt rules implementing the new Section 716 of the Communications Act. The CVAA, at S 3304, Title I, Section 104, gives the FCC sweeping direction and authority to regulate "user equipment, network equipment, and software" to ensure that it is "accessible to and usable by individuals with disabilities". The FCC adopted this item on March 2, 20111, and released the text on March 3, 2011. It is FCC 11-37 in CG Docket No. 10-213, WT Docket No. 96-198, CG Docket No. 10-145. See, notice in the Federal Register, March 14, 2011, Vol. 76, No. 49, at Pages 13799-13849.

Thursday, April 14

12:00 NOON - 2:00 PM. The DC Bar Association will host an event titled "Iqbal/Twombly: The Current Trends and Implications for Federal Practice". The speakers will be Thomas Mugavero (Whiteford Taylor & Preston) and Claire Prestel (Public Justice Foundation) See, notice. The price to attend ranges from $15 to $25. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

12:00 NOON - 1:30 PM. The RTI International will host a panel discussion titled "Patients as Partners in Care: Engaging Patients Through Health IT". See, notice. For more information, contact Lisa Wolfe at 919-316-3596 or lbistreich at rti dot org. Location: National Press Club, Ballroom, 529 14th St., NW.

1:30 - 3:30 PM. The Federal Communications Commission's (FCC) Advisory Committee for the 2012 World Radiocommunication Conference's (WRC-12) IWG-4 (Regulatory Issues) will meet. Location: Rooms TW-C438 and TW-C468.

2:00 - 4:00 PM. The House Science, Space and Technology Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Nanotechnology: Oversight of the National Nanotechnology Initiative and Priorities for the Future". Location: Room 2318, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "Preserving Intellectual Property Rights in Government Contracts: A Beginner’s Guide (Part 2)". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense, Office of General Counsel), John Lucas (Department of Energy), and James McEwen (Stein McEwen). See, notice. The price to attend ranges from $89 to $129. CLE credits. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [71 pages in PDF] regarding changes to the Form 477 data program. The FCC adopted and released this NPRM on February 8, 2011. It is FCC 11-14 in WC Docket Nos. 07-38, 09-190, 10-132, 11-10. See, notice in the Federal Register, February 28, 2011, Vol. 76, No. 39, at Pages 10827-10852.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the joint petition filed by Cellular South Licenses, Inc. and United States Cellular Corporation requesting that the FCC reconsider its decision amending a rule established by the Interim Cap Order to reclaim high-cost universal service support surrendered by a competitive eligible telecommunications carrier (ETC) when it relinquishes ETC status in a particular state. See, DA 11-507 in WC Docket No. 05-337 and CC Docket No. 96-45, and notice in the Federal Register, March 30, 2011, Vol. 76, No. 61, at Pages 17652-17653.