Tech Law Journal Daily E-Mail Alert
April 29, 2011, Alert No. 2,229.
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Doha Round on Brink of Failure

4/49. Trade negotiators met in Geneva, Switzerland, to discuss the long sought Doha round multilateral trade agreement.

Pascal Lamy, Director General of the World Trade Organization (WTO), gave a speech on April 29 in Geneva in which he stated that "This Round is, once more, on the brink of failure", and that the risk is "a creeping return to the law of the jungle".

Pascal LamyLamy (at left) said that "what emerges from the consultations I have had so far is that simply keeping the status quo in the Doha Round is dangerous. Of course, short-term, the WTO machinery will continue to deliver on its monitoring functions in the many committees which keep overseeing the implementation by Members of their commitments. The WTO will also continue to settle the disputes brought by its Members. ... In sum, the WTO is not in danger of immediate irrelevance."

But, he continued that "we need to be lucid and realistic: failure of the WTO to deliver on its legislative function, failure of the WTO to update the rules governing international trade -- last updated in 1995 -- by adapting them to the evolving needs of its Members, failure of the WTO to harness our growing economic interdependence in a cooperative manner risks a slow, silent weakening of the multilateral trading system in the longer term. And with this, a loss of interest by political leaders in many quarters, an erosion of the rules-based multilateral trading system, a creeping return to the law of the jungle."

He added that "today's stalemate over the Doha Development Round risks damaging the capacity of the WTO to deliver trade opening for the benefit of all, which is its core mission".

Michael Punke, Deputy U.S. Trade Representative and U.S. representative to the WTO, gave a speech on April 29 in Geneva in which he said that "The United States has not given up on Doha".

Ron KirkRon Kirk (at right), the U.S. Trade Representative, gave a speech in Washington DC on April 28 in which he said that "You will all have seen that Doha is -- not for the first time -- undergoing a challenging period. Reports and texts issued last week in Geneva confirm what we and others, including Director General Lamy, have been saying -- the gaps are large after more than two years of dedicated efforts to narrow them through bilateral negotiations with key partners."

Kirk continued that "Nobody wants to give up on Doha, because we all know that this negotiation offers unique opportunities for deep and comprehensive trade liberalization on a multilateral level. We are continuing to work so that we can seize every available chance to achieve those opportunities. But the United States can't do this alone. We continue to hope that key partners, including the spectacularly successful emerging economies, will work with us to find a deal that makes sense for the economy we are all now a part of."

Doha and E-Commerce. 142 members of the WTO launched this round of trade negotiations in Doha, Qatar in 2001. See, story titled "WTO Members Agree to Launch New Round of Trade Negotiations" in TLJ Daily E-Mail Alert No. 309, November 15, 2001.

The last multilateral agreement was concluded 16 years ago, in 1995. While WTO member nations now deadlock over ancient issues such as agriculture, the original purposes of the Doha round included modernizing the international trading system to address new topics such as electronic commerce and TRIPS.

For example, the declaration adopted back in 2001 stated that "We take note of the work which has been done in the General Council and other relevant bodies since the Ministerial Declaration of 20 May 1998 and agree to continue the Work Programme on Electronic Commerce. The work to date demonstrates that electronic commerce creates new challenges and opportunities for trade for Members at all stages of development, and we recognize the importance of creating and maintaining an environment which is favourable to the future development of electronic commerce."

That declaration also instructed the General Council "to consider the most appropriate institutional arrangements for handling the Work Programme, and to report on further progress to the Fifth Session of the Ministerial Conference. We declare that Members will maintain their current practice of not imposing customs duties on electronic transmissions until the Fifth Session."

FCC Sets Comments Deadlines for AT&T T-Mobile USA Antitrust Merger Review

4/28. The Federal Communications Commission (FCC) announced filing deadlines associated with its antitrust merger review of AT&T's proposed acquisition of T-Mobile USA.

Petitions to deny are due by May 31, 2011. Oppositions are due by June 10, 2011. Replies are due by June 20, 2011. See, FCC Public Notice (PN). It is DA 11-799 in WT Docket No. 11-65.

AT&T and T-Mobile USA announced their transaction on March 20. See, story titled "AT&T to Acquire T-Mobile USA" in TLJ Daily E-Mail Alert No. 2,205, March 21, 2011. They filed their merger application [112 pages in PDF, redacted], nominally a license transfer request, on April 21, 2011.

As with all antitrust merger reviews, the FCC did not set a deadline for its decision. The FCC's strategy in merger reviews is to delay its determination while it extracts concessions from the merging parties in return for granting approval. For example, the FCC delayed the SBC Ameritech merger for 439 days, and the Bell Atlantic GTE merger for 623 days.

This PN states that "petitioners and commenters should raise all issues in their initial filings. New issues may not be raised in responses or replies."

This PN also states that "this proceeding will be governed by permit-but-disclose ex parte procedures that are applicable to non-restricted proceedings under section 1.1206 of the Commission's rules." That is, much of the information and argument imparted to the FCC will take place in closed meetings.

Some interested parties who utilize ex parte meetings are required to file disclosure statements. These are often brief statements that do not put the public on notice as to the content of the ex parte meeting. The just released PN again contains the gesture that "More than a one- or two-sentence description of the views and arguments presented is generally required." Some interested parties, such as Members of Congress, engage in ex parte communications for which no disclosures are made.

The FCC issued a Protective Order [6 pages in PDF] on April 14, 2011. It issued a Second Protective Order [8 pages in PDF] on April 27, 2011. These pertain to confidential, proprietary and competitively sensitive information.

AT&T Argues Acquisition of T-Mobile USA Will Address Spectrum and Capacity Constraints

4/21. AT&T and T-Mobile USA filed their merger application [112 pages in PDF, redacted], titled "Acquisition of T-Mobile USA, Inc. by AT&T Inc.: Description of Transaction, Public Interest Showing and Related Demonstrations", with the Federal Communications Commission (FCC).

It states that T-Mobile USA has "declining market shares and no clear path to Long Term Evolution" and "also faces new questions about its long-term capital support" from its parent company in Germany, while A&T "faces network spectrum and capacity constraints more severe than those of any other wireless provider, and this merger provides by far the surest, fastest, and most efficient solution to that challenge".

It continues that "The network synergies of this transaction will free up new capacity -- the functional equivalent of new spectrum -- in the many urban, suburban, and rural wireless markets where escalating broadband usage is fast consuming existing capacity. This transaction will thus benefit consumers by reducing the number of dropped and blocked calls, increasing data speeds, and dramatically expanding deployment of next-generation mobile technology."

It elaborates the success of the Apple iPhone and other mobile devices "now presents it with unique spectrum and capacity challenges. A smartphone generates 24 times the mobile data traffic of a conventional wireless phone, and the explosively popular iPad and similar tablet devices can generate traffic comparable to or even greater than a smartphone. AT&T’s mobile data volumes thus surged by a staggering 8000% from 2007 to 2010".

Also, while AT&T has acquired more spectrum, and added cell sites, these "are increasingly inadequate solutions to AT&T’s growing capacity constraints". It adds that "AT&T faces severe capacity constraints and cannot simply wait for the next major auction to resolve them".

AT&T's Joan Marsh stated in a release that "the absence of T-Mobile USA from the marketplace will not have a significant competitive impact. In fact, as an independent competitor, T-Mobile USA would face serious challenges. It has been losing market share the last two years, is confronting spectrum exhaust in certain markets with no ready means to acquire significant additional spectrum in the near term, and lacks a clear path to LTE."

The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on May 11, 2011, titled "The AT&T/T-Mobile Merger: Is Humpty Dumpty Being Put Back Together Again?". See, notice.

Groups Condemn AT&T T-Mobile Transaction

4/21. Groups that are opposed to the AT&T T-Mobile USA transaction and/or which seek Department of Justice (DOJ) or Federal Communications Commission (FCC) imposed restrictions and concessions, released statements condemning the proposed transaction as anti-competitive, and criticizing the forthcoming AT&T lobbying campaign.

The Computer and Communications Industry Association (CCIA) released a statement. It wrote that "the fundamentals of this merger present a clear and present danger to the type of competition and innovation that has been the bedrock for our technology industries and our economy since the AT&T breakup in the 80's".

The CCIA also wrote that "To combat their weak case, AT&T is mounting a massive lobbying and PR effort. Their aim is to convince key decision makers, and those they listen to, of the absurd proposition that having fewer choices of wireless carriers will not lead to less competition in price, service and innovation.  At the same time, AT&T’s already huge political contribution machine will likely focus on upcoming campaign fundraising for members of Congress to get Congressional pressure on federal regulators charged with protecting consumers to allow this outrage."

Ed Black, head of the CCIA, stated that "Allowing a merger that would so clearly eliminate the most significant maverick wireless competitor makes no sense -- as it drives up consumer prices and drops customer service to its lowest common denominator. It's up to the FCC to protect the public interest in vigorous, dynamic, multi-player competition."

CCIA VP Cathy Sloan, who focuses on communications issues, predicted that the Department of Justice's (DOJ) Antitrust Division will block this merger, and that the FCC will find the proposal troubling.

Gigi Sohn, head of the Public Knowledge (PK), stated in a release that "Over the next few weeks and months, AT&T will spend millions of dollars to persuade the government and the American people that their takeover of T-Mobile is in the public interest. They will hire faculties worth of economists who will produce libraries worth of “research.” They will donate hundreds of thousands of dollars to outside groups. They will equip themselves with battalions of outside lobbyists, including prominent former members of Congress and will spend millions more in campaign and other contributions. They will blanket the airwaves with ads."

Sohn also argued that this transaction "will hurt consumers, raising prices, restricting innovation and limiting choice. The plain fact is that every one of the benefits AT&T promised to achieve can be accomplished without this merger." At bottom, "AT&T is simply reducing the number of national carriers from four to three."

The Free Press's Derek Turner stated in a release that "No matter how many high-priced lobbying firms AT&T hires, it won't be able to fool Americans into thinking the reconstitution of the Ma Bell monopoly is a good thing. Make no mistake, this deal is about eliminating a competitor and nothing more."

People and Appointments

4/28. Jeff Moss was named VP and Chief Security Officer of the Internet Corporation for Assigned Names and Numbers (ICANN). The ICANN stated in a release that he is a "Respected Hacker", and "founder of DEF CON, the world's largest hacker conference, and Black Hat, a global technical security conference". Rod Beckstrom, P/CEO of ICANN, stated in this release that Moss "has the in-depth insider's knowledge that can only come from fighting in the trenches of the on-going war against cyber threats."

4/28. Robert Callahan joined Tech America (TA) as Director for State Government Affairs. He will be based in the TA's Sacramento office. He previously worked for the California Chamber of Commerce.

More News

4/29. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register regarding its postponement of the start date of the Track One prioritized patent examination program, which had been scheduled for May 4, 2011. The USPTO first announced this postponement in an April 27, 2011, release. See, story titled "USPTO Postpones Fast Track Patent Application Processing" in TLJ Daily E-Mail Alert No. 2,227, April 27, 2011. The just published notice states that the USPTO lacks funding to implement this program. It states that "With the current level of resources, the Office will not be able to meet the twelve-month pendency goal in prioritized examination applications without impacting the non-prioritized examination applications at this time. Therefore, the Office is delaying the effective date and applicability date of the Track I final rule until further notice. When the funding limitations are resolved, the Office will issue a subsequent notice identifying a revised effective date and applicability date ..." See, Federal Register, April 29, 2011, Vol. 76, No. 83, at Page 23876.

4/28. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register that announces a deadline for LPTV and Translator Upgrade Program applications. See, Federal Register, April 28, 2011, Vol. 76, No. 82, at Pages 23795-23796. This notice states that "the final Closing Date for receipt of applications for the Low-Power Television and Translator Upgrade Program (Upgrade Program) will be Monday, July 2, 2012. NTIA also announces that it will use population data from the newly available 2010 U.S. Census for applications received after July 1, 2011 in determining whether a facility meets the rurality eligibility requirement of the Upgrade Program. Applications submitted up to and including July 1, 2011, can continue to use the population reported in the 2000 Census. All other requirements for the Upgrade Program remain unchanged as set forth in the Notice of Availability of Funds and Program Guidelines (Upgrade Program NOFA)" published on May 12, 2009. (Parentheses in original.) See, notice in the Federal Register, May 12, 2009, Vol. 74, No. 90, Pages 22401-22415.

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In This Issue
This issue contains the following items:
 • Doha Round on Brink of Failure
 • FCC Sets Comments Deadlines for AT&T T-Mobile USA Antitrust Merger Review
 • AT&T Argues Acquisition of T-Mobile USA Will Address Spectrum and Capacity Constraints
 • Groups Condemn AT&T T-Mobile Transaction
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Friday, April 29

The House will be in recess the week of Monday, April 18 through Friday, April 22, and the week of Monday, April 25 through Friday, April 29. The House will return at 2:00 PM on Monday, May 2.

The Senate will be in recess the week of Monday, April 18 through Friday, April 22, and the week of Monday, April 25 through Friday, April 29. The Senate will return at 2:00 PM on Monday, May 2.

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

8:30 AM - 12:30 PM. Day two of a two day meeting of the National Aeronautics and Space Administration's (NASA) NASA Advisory Council's Technology and Innovation Committee. See, notice in the Federal Register, April 8, 2011, Vol. 76, No. 68, at Page 19793. Location: NASA Headquarters, Room MIC-6A (6H45), 300 E St.,  SW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The Nuts and Bolts of Trademark Law". Prices vary. CLE credits. See, notice and registration page.

Deadline to submit applications to the Department of Commerce (DOC) for membership on the U.S.-Brazil CEO Forum. See, DOC notice.

Saturday, April 30

Target date for the Office of the U.S. Trade Representative (OUSTR) to release its 2011 Special 301 report, regarding countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on IP protection. See, notice in the Federal Register, December 30, 2010, Vol. 75, No. 250, at Pages 82424-82426. See also, story titled "OUSTR Seeks Input for Special 301 Report" in TLJ Daily E-Mail Alert No. 2,191, January 3, 2011.

Monday, May 2

The House will return from its April recess at 2:00 PM.

The Senate will return from its April recess at 2:00 PM.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "China is not Simply the Latest Paper Tiger". The speakers will be Robert Atkinson (ITIF), Adam Segal (Council on Foreign Relations) and Bruce Stokes (German Marshall Fund). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

The U.S. Court of Appeals (FedCir) will consider on the briefs Odom v. Microsoft Corporation, App. Ct. No. 2011-1160. Location: Courtroom 201, 717 Madison Place, NW.

Deadline for the U.S. International Trade Commission (USITC) to release its second report on intellectual property rights (IPR) infringement in the People's Republic of China (PRC). This second report will describe the size and scope of reported IPR violations and provide quantitative analysis of the effect of IPR infringement and indigenous innovation policies in the PRC on the U.S. economy and jobs. See, first report [196 pages in PDF] titled "China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy", released on December 13, 2010. See also, story titled "USITC Releases First Report on IPR Infringement in the PRC" in TLJ Daily E-Mail Alert No. 2,178, December 14, 2010.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its online employment application process for patent examiners. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11206-11208.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding substantive submissions made during prosecution of a trademark application. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11208-11210.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the payment of filing fees by winning bidders in auctions of construction permits in the broadcast services. The FCC adopted this NPRM on February 28, 2011, and released the text on March 3, 2011. It is FCC 11-21 in GEN Docket No. 86-285. See, notice in the Federal Register, April 1, 2011, Vol. 76, No. 63, at Pages 18137-18138.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its Agreement Containing Consent Order [9 pages in PDF] with Google regarding Google Buzz. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18762-18765. See also, stories titled "FTC Issues and Settles Complaint Against Google" in TLJ Daily E-Mail Alert No. 2,213, March 31, 2011, and "EPIC Launches Campaign Regarding FTC Settlement with Google on Buzz" in TLJ Daily E-Mail Alert No. 2,218, April 6, 2011.

Deadline to submit comments to the Federal Trade Commission (FTC) in advance of its event on May 11, 2011 titled "Examining Phone Bill Cramming: A Discussion". See, notice and agenda.

Tuesday, May 3

9:00 AM - 1:00 PM. The Federal Communications Commission (FCC) will host an event titled "Earthquake Communications Preparedness Forum". The speakers will include Masaru Fujino (Counselor, Embassy of Japan), Craig Fugate (Federal Emergency Management Agency Administrator), and James Barnett (Chief of the FCC's Bureau of Public Safety and Homeland Security). See, FCC release. Location: FCC, Commission Meeting Room.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "FCC Process Reform". The witnesses will be the five members of the Federal Communications Commission (FCC). See, notice. Location: Room 2123, Rayburn Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Consolidated Cryptologic Program FY 20012 Budget Overview". See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on several pending nominations, including that of David Cohen to be Under Secretary for Terrorism and Financial Crimes at the Department of the Treasury. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cybersource Corp. v. Retail Decisions, Inc., App. Ct. No. 2009-1358, an appeal from the U.S. District Court (NDCal) in a business method patent case involving a method and system for detecting fraud in a credit card transaction between a consumer and a merchant over the internet. Location: Courtroom 402, 717 Madison Place, NW.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight Hearing on the United States Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "White House Transparency, Visitor Logs and Lobbyists". See, notice. The House Oversight and Government Reform Committee is also investigating this issue, and in particular, FCC Chairman Julius Genachowski's frequent White House visits. Location: Room 2322, Rayburn Building.

12:15 - 1:30 PM. The DC Bar Association and the Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Consumer Privacy -- Is there an App for That?". The speakers will be Jennifer Archie (Latham & Watkins), Angela Giancarlo (Chief of Staff to FCC Commissioner Robert McDowell), Karen Neuman (Roty Neuman & Olsen), Patricia Poss (FTC), Jenell Trigg (Lerman Senter), and Andrea Williams (CTIA). See, DC Bar notice. Free. No CLE credits. The DC Bar has a history of barring reporters from its events. Location: Latham & Watkins, Suite 1000, 555 11th St.,  NW.

2:00 - 3:00 PM. The Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship (NACIE) will hold a teleconferenced meeting regarding access to capital. For listening, the call in number is 888-942-9574, and the passcode is 6315042. See, notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Page 22078.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Medical Data Innovation: Building the Foundations of a Health Information Economy". The speakers will be Cathy Betz (Wolters Kluwer Pharma Solutions), Marc Rodwin (Suffolk University law school), Ann Waldo (Wittie Letsche & Waldo), and Daniel Castro (ITIF). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding implementation of S 30 [LOC | WW], the "Truth in Caller ID Act. This statute prohibits caller ID spoofing, but only if the purpose is to defraud or cause harm. See, stories titled "Obama Signs Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,187, December 23, 2010, and "House Passes Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,180, December 16, 2010. The FCC adopted and released this NPRM on March 9, 2011. It is FCC 11-41 in WC Docket No. 11-39. See, notice in the Federal Register, March 23, 2011, Vol. 76, No. 56, at Pages 16367-16375.

Wednesday, May 4

8:00 AM - 5:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "Washington Caucus". The speakers will include Sen. Ron Wyden (D-CA), Rep. Bob Goodlatte (R-VA), Rep. Mike Honda (D-CA), Rep. Anna Eshoo (D-CA), Rep. Doris Matsui (D-CA), Rep. Zoe Lofgren (D-CA), and Rep. Maxine Waters (D-CA). The speakers will also include Larry Strickling (head of the NTIA) and Julie Brill (FTC Commissioner). See, notice. Members can register by contacting mclark at ccianet dot org. Reporters can register by contacting hgreenfield at ccianet dot org. Location: Newseum, 7th floor, 555 Pennsylvania Ave., NW.

8:30 AM - 4:15 PM. The U.S. China Economic and Security Review Commission will host a hearing titled "China's Intellectual Property Rights and Indigenous Innovation Policy". See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22945. Location: Room 485, Russell Building, Capitol Hill.

9:00 - 10:30 AM. There will be an event titled "Nanotechnology: The Huge Challenge of Regulating Tiny Technologies". See, notice. For more information, contact Lisa Wolfe at 919-316-3596 or lbistreich at rti dot org. Location: Ballroom, National Press Club.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "The Threat of Data Theft to American Consumers". See, notice. Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "ICANN Generic Top-Level Domains (gTLD) Oversight Hearing". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Financial Services will hold a hearing on the FY 2012 budget requests of the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC). See, notice. Location: Room 138, Dirksen Building.

POSTPONED. 10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The U.S. -- China Relationship: Charting a New Course Forward". The witness will be Henry Kissinger. See, notice. Location: Room 215, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up HR 1425 [LOC | WW], the "Creating Jobs Through Small Business Innovation Act of 2011". The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Powertech Technology, Inc. v. Tessera, Inc., App. Ct. No. 2010-1489, a patent case involving semiconductor chip technology. Location: Courtroom 201, 717 Madison Place, NW.

12:15 - 1:30 PM. The DC Bar Association will host a panel discussion titled "Universal Service and Intercarrier Compensation Reform: Addressing the Elephant in the Room". The speakers will be Rebekah Goodheart (FCC), Carol Mattey (FCC), Rick Brecher (Greenberg Traurig), Eric Einhorn (Windstream), Chris Miller (Verizon), Glenn Richards (Pillsbury Winthrop Shaw Pittman). Prices vary. No CLE credits. The DC Bar has a history of barring reporters from its events. See, notice. Location: Pillsbury, 2300 N St., NW.

1:00 PM. The US Telecom will host a webcast presentation titled "The FCC Pole Attachment Order: New Rules and Opportunities". This speakers will be Kevin Rupy (USTelecom) and Robert Primosch (Wilkinson Barker Knauer). This event is free and open to the public. See, notice. See also, the Federal Communications Commission's (FCC) April 7, 2011, Report and Order and Order on Reconsideration [144 pages in PDF]. It is FCC 11-50 in WC Docket No. 07-245 and GN Docket No. 09-51.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on nominations. See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding the Universal Service Fund (USF) Mobility Fund and tribal issues. The FCC released this PN on April 18, 2011. It is DA 11-702 in WT Docket No. 10-208. See, notice in the Federal Register, April 21, 2011, Vol. 76, No. 77, at Pages 22340-22342.

Thursday, May 5

9:00 AM - 5:00 PM. The Federal Communications Commission's (FCC) Video Programming and Accessibility Advisory Committee will meet. See, notice in the Federal Register, April 7, 2011, Vol. 76, No. 67, at Pages 19356-19357. Location: FCC, 445 12th St., SW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "Ensuring Competition on the Internet: Net Neutrality and Antitrust". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Virginia Seitz to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Office of Legal Counsel, and Bernice Donald to be a Judge of the U.S. Court of Appeals (6thCir). The agenda also again includes consideration of S 623 [LOC | WW], the "Sunshine in Litigation Act". The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Disaster Recovery and Intergovernmental Affairs will hold a hearing titled "Understanding the Power of Social Media as a Communications Tool in the Aftermath of Disasters". See, notice. Location: Room 349, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Spread Spectrum Screening LLC v. Eastman Kodak Company, App. Ct. No. 2011-1019, an appeal from the U.S. District Court (WDNY) in a patent infringement case involving printing technology. Location: Courtroom 402, 717 Madison Place, NW.

10:00 - 11:30 AM. The Brookings Institution will host a panel discussion titled "Bridging the Digital Divide: Spectrum Policy, Program Diversity and Consumer Rights". The speakers will be Darrell West (Brookings), Matthew Hussey (office of Sen. Olympia Snowe (R-ME)), Uzoma Unyeije, and Christopher Ornelas (National Association of Broadcasters). See, notice. Location: Brookings, 1775 Massachusetts Ave., NW.

1:00 - 5:00 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host an event titled "Focus on the First Amendment". CLE credits. The price to attend ranges from $50 to $350. The deadline to register is 12:00 NOON on May 3. Location: Newseum, 555 Pennsylvania Ave., NW.

Deadline to submit comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response to its Public Notice (PN) [13 pages in PDF] requesting comment on draft rules and interim procedures regarding the environmental effects of proposed communications towers on migratory birds. This PN is DA 11-558 in WT Docket Nos. 08-61 and 03-187. The FCC released it on March 25, 2011. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18679-18684.

Deadline for the Federal Communications Commission (FCC) to respond to the April 20, 2011, letter [PDF] from the House Commerce Committee (HCC) regarding the public safety equipment and device market. See, story titled "Representatives Write FCC Re Motorola Dominance in Public Safety Market" in TLJ Daily E-Mail Alert No. 2,226, April 26, 2011.

Friday, May 6

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, April 11, 2011, Vol. 76, No. 69, at Pages 20051-20052. Location: 4201 Wilson Blvd., Room 1235, Arlington, VA.

9:30 - 10:30 AM. The Washington International Trade Association (WITA) will host a panel discussion titled "Trade 101: Free Trade Agreements". The speakers will be from the Congressional Research Service: Bill Cooper (speaking on the Korea FTA), Angeles Villareal (Colombia FTA), and Jeff Hornbeck (Panama FTA). See, notice. Breakfast will be served. Location: Room B-354, Rayburn Building.

10:30 AM - 4:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC) will hold a meeting regarding access to 911 emergency services by individuals with disabilities. See, April 13, 2011, Public Notice and notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Pages 22102-22103. Location: FCC, 1st Floor, 1-South Conference Room, 445 12th St., SW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host a panel discussion titled "The FCC’s Revised Ex Parte and Procedural Rules". The speakers will be Austin Schlick (FCC General Counsel), Julie Veach (FCC Deputy General Counsel), Bill Cline (FCC's Consumer & Governmental Affairs Bureau), David Solomon (Wilkinson Barker Knauer), and Howard Weiss (Fletcher Heald & Hildreth). Location: FCC, Commission Meeting Room.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of proposed rulemaking (NPRM) regarding revising the patent term adjustment and extension provisions of the rules of practice in patent cases. See, notice in the Federal Register, April 6, 2011, Vol. 76, No. 66, at Pages 18990-18995.

Deadline to submit written comments pertaining to, and deadline to submit requests to attend, the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Office of Law Enforcement Standards (OLES) and the Department of Homeland Security's (DHS) Office for Interoperability and Compatibility (OIC) May 13, 2011, meeting regarding testing for conformity with interoperability standards for public safety communications. This meeting pertains to Project 25 (P25). These agencies state that "An initial goal of P25 is to specify formal standards for interfaces between the components of a land mobile radio (LMR) system. LMR systems are commonly used by emergency responders in portable handheld and mobile vehicle-mounted devices. Although formal standards are being developed, no process is currently in place to confirm that LMR equipment advertised as P25-compliant meets all aspects of P25 standards." See, notice in the Federal Register, April 29, 2011, Vol. 76, No. 83, at Pages 23992-23993.