4/7. Rep. Fred Upton (R-MI), the Chairman of the House Commerce Committee (HCC), wrote a piece published in The Hill and the HCC web site titled "FCC's overreaching power grab harms innovation, investments and jobs". He urges House approval of HJRes 37, which is now scheduled for a vote on Friday, April 8.

Rep. Upton (at right) wrote that "The Internet’s innovation and success is unmatched and since its inception, it has thrived without government interference. The Federal Communications Commission nonetheless ruled in December to impose Internet regulations, even though Congress has never authorized it to do so. There is also no crisis warranting such intervention."

He also wrote that "This week, the House will vote on a Resolution of Disapproval that reverses the FCC’s Internet regulations. The vote is an opportunity to protect innovation and jobs while restoring Congress’ role as representatives of the people. Reversing the FCC’s regulations will end uncertainty created in the marketplace by the FCC’s overreaching power-grab."

The House began its consideration of HJRes 37, a resolution disapproving the FCC's rules regulating broadband internet access service (BIAS) providers. On Monday, April 4, the House Rules Committee (HRC) adopted a rule. On Tuesday, April 5, the full House debated and approved that rule. See, story titled "House Begins Consideration of HJRes 37" in TLJ Daily E-Mail Alert No. 2,217, April 5, 2011. Rep. Eric Cantor's (R-VA) schedule for Friday, April 8, lists consideration of HJRes 37.

4/7. The U.S. Patent and Trademark Office (USPTO) announced in a release that "In the event of a government shutdown on April 9, 2011", the USPTO "will remain open and continue to operate as usual for a period of six business days -- through Monday, April 18, 2011 -- because the USPTO has enough available reserves, not linked to the current fiscal year, to remain in operation until then."

The USPTO continued that "Should a shutdown occur and continue longer than the six-day period, we anticipate that limited staff will be able to continue to work to accept new electronic applications and maintain IT infrastructure, among other functions."

Jacob Lew, Director of the Executive Office of the President's (EOP) Office of Management and Budget (OMB) released a memorandum on April 7 titled "Planning for Agency Operations During a Lapse in Government Funding" in which he addressed a cessation of activities, excepted functions, remote access, and telework.

He wrote that "The current Continuing Resolution (CR) expires at the end of tomorrow, Friday April 8, 2011", but "Negotiations on the budget are continuing, and it remains possible that Congress will reach an agreement by midnight tomorrow on continued funding for the current fiscal year."

He advised that in the event of a lapse in funding, "non-excepted employees will be prohibited, after midnight on Friday night, from working remotely, such as from home -- including by accessing agency information technology (e.g., Blackberries, cell phones, computers, laptops), except to the extent that the agency's contingency plan provides for the agency to use such technology to provide non-excepted employees with updates regarding their furlough and return-to-work status." (Parentheses in original.)

And then, "during the employee's next scheduled work day (i.e., 2 Saturday or Sunday for weekend employees; Monday for all other employees), an agency shall have its non-excepted employees perform -for up to a half-day (e.g., up to four hours) -such "orderly shutdown" activities as are needed for the agency's implementation of its contingency plan (e.g., turning in equipment if required). Non-excepted employees who are scheduled to telework on their next scheduled work day may perfonn these shutdown activities from their telework location, if an existing telework agreement is in place." (Parentheses in original.)

On April 7, Rep. John Boehner (R-OH), the Speaker of the House, and Sen. Harry Reid (D-NV), the Senate Majority Leader, stated in a joint release that "We have narrowed the issues, however, we have not yet reached an agreement. We will continue to work through the night to attempt to resolve our remaining differences." See also, April 7 remarks by Sen. Reid.

Rep. Eric Cantor (R-VA), the House Majority Leader, stated in a release on April 7 that "I've just been informed that President Obama has threatened to veto the only bill before us to keep the government functioning ahead of tomorrow's deadline, cut spending and ensure that our troops are paid." On April 7, the OMB issued a veto threat.

See also, transcript of April 7 news conference of Rep. Nancy Pelosi (D-CA), the House Democratic Leader, and Rep. Chris Van Hollen (D-MD), the ranking Democrat on the House Budget Committee (HBC).

4/7. The Federal Communications Commission (FCC) adopted and released a Second Report and Order [79 pages in PDF] that imposes common carrier like regulations for data roaming. The Commission divided 3-2, with Democrats Julius Genachowski, Michael Copps and Mignon Clyburn supporting the item, and Republicans Robert McDowell and Meredith Baker dissenting.

The FCC has long imposed voice roaming rules. This order provides that any "Commercial Mobile Data Service" is required to offer roaming arrangements on "commercially reasonable terms and conditions". It puts the FCC in the position of regulating rates.

The order would also be vulnerable if subjected to judicial review.

Commissioner McDowell wrote in his dissenting statement that "consumers expect that their mobile data services ... will work seamlessly wherever they go", and that "benefits flow from the widespread availability of data roaming", but the FCC "simply does not have the legal authority to adopt the regulatory regime mandated by this order".

McDowell (at left) added that "This decision embodies the hallmarks of classic common carriage: The regime compels the provision of service and restricts the discretion of providers to determine to whom -- and on what rates and terms – to provide it. Indeed, the new rules constitute common carrier regulation by their very existence -- in mandating the provision of a mere information service. Thus, when considered in their totality, these new mandates plainly do violate the Act and Commission precedent. We cannot evade the law by upending years of legal precedent and congressional intent to recast and redefine the meaning of common carriage."

Similarly, Commissioner Baker wrote in her dissenting statement that "we exceed our authority and impose rules of common carriage that are impermissible under our statute".

She also wrote that "Overall, our record shows that there are not generalized or categorical refusals to deal by wireless providers. Instead, there is a fundamental inability to agree on financial terms and conditions, primarily rates." She also questioned whether the FCC is equipped to determine rates.

Chairman Genachowski wrote in his statement that "the record evidence supplied by carriers in the market shows that roaming deals simply are not being widely offered on commercially reasonable terms. On the contrary, the record makes clear that some providers have refused to negotiate 3G or 4G data roaming agreements, have created long delays, or have taken other steps to impede competition."

He added that "A broad coalition of rural carriers informed us that their attempts to enter into data roaming negotiations with nationwide providers are ``many times rejected out of hand.´´"

Copps wrote in his concurring statement that "These safeguards ensure that small regional carriers can hope to compete in the wireless market-place".

The rules adopted by the FCC define "Commercial Mobile Data Service" as "Any mobile data service that is not interconnected with the public switched network and is: (1) provided for profit; and (2) available to the public or to such classes of eligible users as to be effectively available to the public. Commercial mobile data service includes services provided by Mobile Satellite Services and Ancillary Terrestrial Component providers to the extent the services provided meet this definition."

These rules require that "A facilities-based provider of commercial mobile data services is required to offer roaming arrangements to other such providers on commercially reasonable terms and conditions", subject to certain limitations.

Also, "A party alleging a violation of this section may file a formal or informal complaint" with the FCC.

AT&T's Bob Quinn stated in a release that "Roaming agreements for both voice and data are in place throughout the country, and were reached through normal commercial negotiations. The evidence presented in this proceeding demonstrated conclusively that proponents of a roaming mandate were seeking government intervention, not to obtain agreements --which are plentiful -- but rather to regulate rates downward."

He added that "While we will thoroughly review today's order, we continue to believe that a data roaming mandate is unwarranted and will discourage investment and build out of broadband facilities for both those seeking regulated roaming rates and those forced to wholesale facilities at those rates."

James Assey of the National Cable and Telecommunications Association (NCTA) stated in a release that "adopting enforceable data roaming rights will enable new entrants to compete on a nationwide basis and give consumers more choice and flexibility in wireless services."

Harold Feld, of the Public Knowledge (PK), praised the FCC's action in a release. He wrote that "This order gives sufficient flexibility to carriers to work out agreements to make this possible, while promoting competition. The requirement of ‘commercially reasonable terms’ and other features will give carriers the ability to work out agreements for their particular circumstances without entering into common carrier regulation."

This item is FCC 11-52 in WT Docket No. 05-265. See also, FCC release.

4/7. The Public Knowledge (PK) filed an amicus curiae brief [PDF] with the U.S. Court of Appeals (2ndCir) in Viacom v. YouTube.

Viacom International and others filed a complaint [PDF] in the U.S. District Court (SDNY) against YouTube on March 12, 2007, alleging copyright infringement in connection with the operation of a commercial web site that permits users to publish copies of copyrighted works, without license. See, story titled "Viacom Files Complaint Against Google and YouTube Alleging Violations of Copyright Law" in TLJ Daily E-Mail Alert No. 1,551, March 13, 2007.

On June 23, 2010, the District Court issued an opinion and order [30 pages in PDF] granting summary judgment to the defendants. The District Court held that the activities of YouTube at issue in this action fall within the safe harbor protection of the Digital Millennium Copyright Act (DMCA), codified at 17 U.S.C.§ 512(c). See, story titled "District Court Grants Summary Judgment to YouTube in Copyright Infringement Case" TLJ Daily E-Mail Alert No. 2,100, June 23, 2010.

The PK wrote in its just filed brief that "Appellants make several arguments regarding filtering, each amounting to the theory that the existence of filtering technology and Youtube's failure to use it in certain specific ways excludes YouTube from the safe harbor provisions of Section 512."

The PK argued that "whatever the accuracy of automated filtering technology in identifying content, the technology cannot make reliable legal determinations about when and whether specific uses of that content are infringing".

It also argued that "disqualifying YouTube from the safe harbor because it declined to use filters in the ways preferred by Appellants ... would effectively make adoption of certain technologies a new prerequisite for the safe harbor, in direct contradiction to both the plain meaning and the purpose of the DMCA."

The PK urged the Court of Appeals "not to require the adoption of specific technological identification measures as a prerequisite for DMCA safe harbor."

See also, story titled "PFF Paper Predicts Reversal of Viacom v. YouTube DMCA Judgment" in TLJ Daily E-Mail Alert No. 2,119, August 5, 2010.

This case is Viacom International, Inc., et al. v. YouTube, Inc., et al., U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 10-3270 and 10-3342, an appeal from the U.S. District Court for the Southern District of New York, D.C. Nos. 07 Civ. 2103 (LLS) and 07 Civ. 3582 (LLS), Judge Louis Stanton presiding.

4/7. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved the nomination of Goodwin Liu to be a Judge of the U.S. Court of Appeals for the 9th Circuit by a partisan vote of 10-8. Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, stated that Liu has a "very activist agenda", believes that "courts should play a role in creating and expanding constitutional welfare rights", and "has been very openly critical of the current Supreme Court". He said that Liu would move the 9th Circuit "even further to the left". Sen. Dianne Feinstein (D-CA) praised Liu, and listed Democrats and Republicans, liberals and conservatives, who have endorsed his nomination.

4/7. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice votes the nominations of Esther Salas (USDC/DNJ), Paul Oetken (USDC/SDNY), and Paul Engelmayer (USDC/SDNY).

4/7. The Senate Foreign Relations Committee (SFRC) held a hearing on the nomination of Kurt Tong to be U.S. Senior Official for the Asia-Pacific Economic Cooperation (APEC) Forum. See, Tong's prepared testimony.

4/7. President Obama announced his intent to nominate David Johanson to be a member of the U.S.International Trade Commission (USITC). See, White House news office release. He is a Republican staffer for the Senate Finance Committee (SFC). He has also worked for the law firm of Stewart & Stewart.

4/7. President Obama announced his intent to nominate William Lineberger to be a member of the National Science Foundation's (NSF) National Science Board. See, White House news office release.

4/7. The Senate Judiciary Committee (SJC) approved S 410 [LOC | WW], the "Sunshine in the Courtroom Act", by a vote of 12-6. See, statement of Sen. Charles Grassley (R-IA), sponsor of the bill. See also, story titled "Senate Judiciary Committee Continues to Consider Cameras and Mics in Courtrooms" in TLJ Daily E-Mail Alert No. 2,207, March 23, 2011.

4/7. The Senate Judiciary Committee (SJC) amended and approved S 627 [LOC | WW], the "Faster FOIA Act". See, managers' amendment [PDF]. See, Sen. Patrick Leahy's (D-VT) release.

4/6. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces, describes, and set the comment deadline for, its notice of proposed rulemaking (NPRM) regarding revising the patent term adjustment and extension provisions of the rules of practice in patent cases. The deadline to submit comments is May 6, 2011. The USPTO will hold no hearing. See, Federal Register, April 6, 2011, Vol. 76, No. 66, at Pages 18990-18995.

4/6. The Department of Homeland Security (DHS) published a notice in the Federal Register that lists and summarizes its recently released Privacy Impact Assessments (PIS). See, Federal Register, April 6, 2011, Vol. 76, No. 66, at Pages 19110-19116.

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The House will meet at 10:00 AM for 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 April 7.

The Senate will meet at 11:00 AM.

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.

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.

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.

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.

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.

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.

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

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Should the FCC Ensure Wireless Device Choice and Interoperability?" The speakers will be Michael Calabrese (NAF), Larry Krevor (Sprint Nextel), Joan Marsh (AT&T), Steven Berry (Rural Cellular Association), Parul Desai (Consumers Union), Rob Pegoraro (Washington Post). See, notice. Location: NAF, 4th floor, 1899 L St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its 2nd Further Notice of Proposed Rulemaking (2ndFNPRM), regarding broadcasting near tribal lands. This item is FCC 11-28 in MB Docket No. 09-52. The FCC adopted and released this item on March 3, 2011. See, notice in the Federal Register, March 16, 2011, Vol. 76, No. 51, at Pages 14362-14366.

Deadline to submit applications to the National Coordination Office for Networking and Information Technology Research and Development's (NCO/NITRD) to participate in the May 17, 2011, workshop on cyber security research titled "Distributed Data Schemes Provide Security". See, NITRD issue summary and notice in the Federal Register, March 28, 2011, Vol. 76, No. 59, at Page 17158-17159.