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May 4, 2011, Alert No. 2,232.
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Genachowski Addresses Communications After Disasters

5/3. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech regarding communications following earthquakes, tsunamis and other disasters.

He said that "The Japanese used broadband to mitigate the impact of the earthquake and tsunami, and their efforts offer examples for us. For example, the Japan Meteorological Agency's earthquake early warning system relied on broadband to automatically issue alerts via cell phones and TV after the first, less harmful earthquake shock wave, providing a short window for people to prepare for the more powerful shock wave that followed. The broadband-based warning system also caused many energy plants, industrial facilities, and transportation services to shut down automatically, averting problems at these locations."

He added that the US "doesn’t currently have a comparable earthquake warning system. It is something we should consider".

He also stated that "The events in Japan also demonstrate the importance of reliable and resilient Internet-based communications, especially mobile services. Residents of Japan with mobile phones, for example, were able to rely on their battery-powered devices to access web-based disaster message boards, Twitter, and social networking sites to report on their status and check for updates regarding family and friends."

Also, "The Japanese tragedy showed the role that broadcasting plays in emergencies. Radio in particular played a significant role in Japan, as residents who lost power could turn on the radio in their cars and receive essential information."

He also stated, regarding recent tornadoes in the US, that "carriers and broadcasters have been handling the damage to the communications infrastructure admirably, and we have not received express requests for assistance or special temporary authority".

Rep. Eshoo Reintroduces Broadband Conduit Bill

5/3. Rep. Anna Eshoo (D-CA) introduced HR 1695 [LOC | WW], the "Broadband Conduit Deployment Act of 2011".

She also sponsored HR 2428 [LOC | WW], the "Broadband Conduit Deployment Act of 2009", in the 111th Congress. These bills would require that broadband conduits, such as underground plastic pipes for housing fiber optic cable, be installed on federally funded highway construction or expansion projects.

HR 2428 would have amended Title 23 of the U.S. Code, which pertains to highways, to provide that the Department of Transportation (DOT) "shall require States to install broadband conduit in accordance with this section as part of any covered highway construction project".

It defined "broadband conduit" as "a conduit for fiber optic cables that support broadband or, where appropriate, wireless facilities for broadband service".

It defined "covered highway construction project" as "a project to construct a new highway or to construct an additional lane or shoulder for an existing highway that is commenced after the date of enactment of this section and that receives funding under this title".

Michael Powell, head of the National Cable & Telecommunications Association (NCTA), applauded Rep. Eshoo in a a release, and stated that this bill "will facilitate the further deployment of broadband service throughout the U.S."

Grant Siefert, head of the Telecommunications Industry Association (TIA), stated in a release that "According to some estimates, more than half of the cost of new broadband deployment is expenses that can be ascribed to the digging up and repaving of roadways. Further, it is estimated that the inclusion of broadband conduit in highway construction would add less than 1% to the cost of the overall project. Not only does this legislation go a long way towards facilitating the goal of universal access to broadband across the United States by substantially reducing the cost of deployment, but it also limits the negative impact on communities by reducing the amount of time that roads are under construction".

The companion bill in the Senate in the 111th Congress was S 1266 [LOC | WW], also titled the "Broadband Conduit Deployment Act of 2009", sponsored by Sen. Amy Klobuchar (D-MN).

The cosponsors of the just introduced bill are Rep. Henry Waxman (D-CA), Rep. Ed Markey (D-MA), Rep. Doris Matsui (D-CA) and Rep. Lynn Woolsey (D-CA). The bill was referred to the House Transportation and Infrastructure Committee.

MPAA's Dodd Wants Crack Down on Rogue Web Sites

5/3. Chris Dodd, head of the Motion Picture Association of America (MPAA) gave a speech at a Media Institute lunch in Washington DC. He said that the movie industry embraces new technologies, that movie piracy harms millions of working people, and that the government should crack down on rogue web sites.

"There are some who insist and falsely believe that the motion picture and television industry consists of a leadership that acts like dinosaurs, afraid of new technology and stubbornly refuses to evolve. Nothing could be further from the truth." Dodd added that "Not only are we not intimidated by the future -- we embrace it. Our ability to evolve, and to take advantage of the opportunities presented by new technology, has helped to cement our status as one of the most successful -- and economically important -- industries in the nation."

Dodd, who was a U.S. Senator until the end of the 111th Congress, stated that "The industry is moving by leaps and bounds to devise and test new offerings that allow consumers to purchase the content they want -- and use it on the platforms they want -- at a price that’s right for them."

Next, he said that "content theft" affects more than movie stars. It harms the other "2.4 million people who work every day in this business". He said that "threats to the content of the film industry are direct threats to those hard working middle-class families".

"This looting is the single greatest threat to the 2.4 million people who work in our industry. It is doing harm, not only to those of us in film and television, but to those who make their living producing music, software, pharmaceuticals, and a wide range of commercial goods as well. And it’s time that industry and government join forces to stop it. We need to crack down on the rogue websites that traffic in stolen goods", said Dodd.

This is a reference to the yet to be introduced bills that would give the Department of Justice (DOJ) new powers to target web sites dedicating to infringing activity, and the intermediaries that facilitate their operations.

The previous version of this bill in the 111th Congress was S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act". Sen. Patrick Leahy (D-VT), Rep. Lamar Smith (R-TX), and others have announced that they will introduce similar legislation in the 112th Congress.

See also, stories titled "Senators Introduce Bill to Enable DOJ to Shut Down Web Sites Dedicated to Infringement", "Bill Summary: Combating Online Infringement and Counterfeits Act", and "Commentary: Combating Online Infringement and Counterfeits Act" in TLJ Daily E-Mail Alert No. 2,132, September 21, 2010.

Krasnow Advocates Dumping Public Airwaves Concept

5/2. The Media Institute published a short paper titled "The First Amendment and the Fallacy of the Public’s Airwaves". The author is Erwin Krasnow of the Washington DC law firm of Garvey Schubert Barer.

He wrote that the "public-airwaves concept" is "a mischievous notion that has been misused as a rationalization for government regulation".

He argued that the notion of public ownership of radio spectrum, and the resulting government licensing, is an "absurdity foisted on our broadcasting industry".

Moreover, "Closely related to the public-airwaves concept is the notion of scarcity. The combination of public ownership of the airwaves and scarcity has been used as the underlying raison d'etre for applying the public interest standard to regulate the programming practices of broadcasters."

"The Internet, satellite technology, digital broadcasting, and wireless broadband have revolutionized the way Americans communicate", wrote Krasnow. "There is no blinking from the fact that technological developments have advanced so far that the time has come for both Congress and the FCC to revisit and to renounce the notion of scarcity in today’s digital world."

He urged the Federal Communication Commission (FCC) to "Renounce the discredited concept of public ownership of the airwaves, bury the scarcity rationale, and adopt the approach" of "applying a public-interest standard based on minimally regulated marketplace forces rather than content regulation."

Krasnow is a former General Counsel of the National Association of Broadcasters (NAB). See also, Media Institute release.

AG Holder Addresses Surveillance, IPR and Antitrust

5/3. The House Judiciary Committee (HJC) held a hearing titled "Oversight Hearing on the United States Department of Justice". The witness was Attorney General Eric Holder.

The technology related issued covered included electronic surveillance, extending the sunsets on expiring provisions of surveillance law, data retention mandates, enforcement of intellectual property laws, cyber security and antitrust.

Eric HolderHolder (at left) is scheduled to testify before a similar hearing of the Senate Judiciary Committee (SJC) on Wednesday, May 4.

Surveillance and Data Retention. Holder wrote in his prepared testimony [PDF] that many of the DOJ's recent prosecutions, "and the countless intelligence actions that do not result in prosecution but do disrupt terrorist and criminal activity -- depend on the government aggressively employing the full arsenal of available authorities, including the Foreign Intelligence Surveillance Act."

Rep. Lamar Smith (R-TX), the Chairman of the HJC, wrote in his opening statement that "I would like to thank the Attorney General for supporting the reauthorization of the expiring PATRIOT Act provisions."

On February 25, 2011, President Obama signed HR 514 [LOC | WW], the "FISA Sunsets Extension Act of 2011". This action merely extends sunsets for three months. The new sunset date is May 27, 2011. See, story titled "Obama Signs Three Month Extension of Surveillance Provisions" in TLJ Daily E-Mail Alert No. 2,198, February 25, 2011.

For a more detailed summary of the surveillance provisions at issue, and the history of extension of their sunset dates, see story titled "House and Senate Extend Expiring Surveillance Provisions" in TLJ Daily E-Mail Alert No. 2,054, March 3, 2010. For more on the legislative history of HR 514, see story titled "House to Continue Consideration of Bill to Extend Sunsets on Surveillance Provisions" in TLJ Daily E-Mail Alert No. 2,197, February 16, 2011.

Rep. Lamar SmithRep. Smith (at right) said that "Despite Sunday's victory, we cannot afford to leave our intelligence community without the resources it needs to dismantle terrorist organizations, identify threats from groups and individuals, and interrupt terrorist plots. So Congress must reauthorize the PATRIOT Act."

Holder also asserted that the DOJ "through its national security review process, is working to ensure that FBI national security investigations are conducted in accordance with the Constitution, federal statutes, Attorney General Guidelines, and internal FBI policy directives."

Investigations by the DOJ's Office of the Office of the Inspector General (OIG) in recent years have found wrongdoing at the FBI. On March 9, 2007, the DOJ's OIG released a report [30 MB in PDF] titled "A Review of the Federal Bureau of Investigation's Use of National Security Letters". See also, story titled "DOJ IG Releases Reports on Use of NSLs and Section 215 Authority" in TLJ Daily E-Mail Alert No. 1,551, March 13, 2007. That report covered the use of NSLs in 2003 through 2005. And, on March 13, 2008, the OIG released a report [187 pages in PDF] titled "A Review of the FBI’s Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006". See also, story titled "DOJ Inspector General Releases Second Report on FBI Misuse of National Security Letters" in TLJ Daily E-Mail Alert No. 1,730, March 12, 2008.

Rep. Smith also praised Holder for "his support of a mandatory data retention policy" for law enforcement purposes.

"Child pornography on the Internet may be our fastest growing crime, increasing by an average of 150% a year", said Rep. Smith. "Better data retention will assist law enforcement officers with the investigation of child pornography and other Internet-based crimes."

However, Rep. Smith added that "While I appreciate the Department's support on these important matters, I am concerned that in some cases this administration may have placed political and ideological considerations above enforcing the law."

Intellectual Property and Counterfeit IT Equipment. Holder also wrote that the DOJ is "dedicated to vigorous enforcement of intellectual property laws. Criminals who steal American ideas and products -- everything from counterfeit pharmaceuticals and electronics to pirated movies, music and software -- and sell them over the internet and elsewhere are undermining the U.S. economy and threatening public health, safety, and national security."

Holder also dropped the following statement into his prepared testimony. "Together with our law enforcement partners at Immigration and Customs Enforcement and Customs and Border Protection in the Department of Homeland Security, the Department of Justice has obtained 30 felony convictions and seized over $143 million in counterfeit computer network hardware manufactured in China as a part of Operation Network Raider. This important joint enforcement effort is designed to protect our nation's IT infrastructure from failures associated with counterfeit network hardware and to secure our supply chain."

These prosecutions go back many years. See, for example, FBI release of May 9, 2008, and DOJ release of May 6, 2010.

Gordon Snow, Assistant of the FBI's Cyber Division, testified in more detail about this before the Senate Judiciary Committee's (SJC) Subcommittee on Crime and Terrorism on April 12, 2011.

Snow wrote then in his prepared testimony that "Cyber crime that manipulates the supply chain could pose a threat to national security interests and U.S. consumers. Poorly manufactured computer chips or chips that have been salvaged and repackaged infringe on intellectual property rights and could fail at critical times, posing a serious health and safety threat to U.S. citizens."

In addition, said Snow, "Malware could be embedded on the chips to exfiltrate information from computers and result in the theft of Personally Identifiable Information (PII) that could then be used in future cyber crimes. As the quality of counterfeit goods increases, U.S. consumers may be challenged to tell the difference between authentic and fraudulent goods."

Snow elaborated that "Operation Cisco Raider is a joint initiative between the U.S. and Canada that targets the illegal distribution of counterfeit network hardware manufactured by private entities in China. The use of counterfeit network components can lead to exploitation of cyber infrastructure vulnerabilities and even network failure. Since 2006, Operation Cisco Raider has seized over 3,500 network components amounting to $3.5 million of Cisco retail products. Ten individuals have been convicted as a result of the joint initiative."

Antitrust. Holder said that in the last two years the DOJ "has focused on important sectors of the economy, including ... telecommunications, ... and technology. Because addressing antitrust issues increasingly demands a global approach, the Department has stepped up our efforts on the international front, advocating for global as well as domestic competition and engaging foreign competition authorities on both policy and particular enforcement matters."

He also discussed the Horizontal Merger Guidelines released by the DOJ and Federal Trade Commission (FTC) in August of 2010. He said that this document "provides for predictability and certainty, and thus, allows for more efficient business behavior."

And, he said that "the Antitrust Division acted against 10 merger transactions in FY 2010, reaching negotiated settlements to protect competition in each case. Already in FY 2011, we have reached negotiated settlements in four transactions, including the combination of Comcast, General Electric and NBC Universal, and Google's acquisition of ITA Software."

Holder also noted that the DOJ "reached a settlement with Adobe Systems, Apple, Google, Intel, Intuit, Pixar, and Lucasfilm that prevents them from entering into anticompetitive employee solicitation agreements."

Rep. John Conyers (D-MI), the ranking Democrat on the HJC, sent a letter to President Obama on May 3 in which he stated that "the fight against Osama Bin Laden and Al Qaeda has defined our national security policy and -- all too often -- our domestic politics. This focus has often come at the expense of other vital national interests, cherished civil rights and freedoms ..."

Also on May 3, Rep. Conyers, Rep. Jerrold Nadler (D-NY), the ranking Democrat on the HJC's Subcommittee on the Constitution, and 31 other House Democrats sent a letter to AG Holder regarding mortgage foreclosures.

People and Appointments

5/3. President Obama announced his intent to nominate Janice Eberly to be Assistant Secretary for Economic Policy at the Department of the Treasury (DOT). See, White House news office release.

5/2. Brian Markwalter was promoted to SVP, Research and Standards, at the Consumer Electronics Association (CEA). See, CEA release.

More News

5/2. The Semiconductor Industry Association (SIA) released data on recent semiconductor sales. It stated that "worldwide sales of semiconductors were $25.3 billion for the month of March 2011, a 2.5 percent increase from the prior month when sales were $24.7 billion, and an increase of 8.6 percent from March 2010 when sales were $23.2 billion. Sales in the first quarter of 2011 reached $75.8 billion, an increase of 8.6 percent over last year's first quarter sales of $69.8 billion and a sequential increase of 0.4 percent over the prior quarter." See, SIA release and table and chart.

5/2. The U.S. Patent and Trademark Office (USPTO) announced that it will host an event titled "2011 National Trademark Expo" on October 14-15, 2011, at the USPTO headquarters in Alexandria, Virginia. See, USPTO release.

4/28. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft NIST IR-7696 [32 pages in PDF] titled "Common Platform Enumeration: Name Matching Specification Version 2.3". The deadline to submit comments is May, 20, 2011.

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In This Issue
This issue contains the following items:
 • Genachowski Addresses Communications After Disasters
 • Rep. Eshoo Reintroduces Broadband Conduit Bill
 • MPAA's Dodd Wants Crack Down on Rogue Web Sites
 • Krasnow Advocates Dumping Public Airwaves Concept
 • AG Holder Addresses Surveillance, IPR and Antitrust
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Wednesday, May 4

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

The Senate will meet at 10:00 AM. It will resume consideration of S 493 [LOC | WW], the "SBIR/STTR Reauthorization Act of 2011".

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". The witnesses will be David Vladeck (Director of the FTC's Bureau of Consumer Protection), Pablo Martinez (Deputy Special Agent in Charge of the Secret Service's Criminal Investigative Division), Justin Broookman (Center for Democracy and Technology), and Eugene Spafford (Purdue University). See, notice. The HCC will webcast this hearing. 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". The witnesses will be Kurt Pritz (ICANN), Mei-lan Stark (International Trademark Association), Michael Palage (Pharos Global), Steven Metalitz (Mitchell Silberberg & Knupp), Steve DelBianco (NetChoice), and Joshua Bourne (CADNA). 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 the nominations of William Kuntz (to be a Judge of the U.S. District Court or the Eastern District of New York), John Ross (USDC/EDMo), Timothy Cain (USDC/DSCar), Nannette Brown (USDC/EDLa), and Nancy Torresen (USDC/DMaine). 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

The House will meet at 9:00 AM for legislative business. It will consider non-technology related items. See, Rep. Cantor's schedule for the week.

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". The witnesses will include FCC Chairman Julius Genachowski and FCC Commissioner Robert McDowell. 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), Donald Verrilli (DOJ Solicitor General), Lisa Monaco (AAG in charge of the DOJ's National Security Division), Bernice Donald (Judge of the U.S. Court of Appeals (6thCir)), Henry Floyd (USCA/4thCir), Kathleen Williams (USDC/SDFl), Nelva Ramos (USDC/SDTex), Richard Jackson (USDC/DColo), and Sara Darrow (USDC/CDIll). 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 Commerce Committee (SCC) will meet to mark up numerous bill. None are technology related. See, notice. Location: Room 253, Russell 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

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

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.

Monday, May 9

10:00 AM - 12:00 NOON. The Copyright Clearance Center (CCC) will host a panel discussion titled "Copyright & Commerce: Guarantees or Promises?". The speakers will include Marybeth Peters, Jon Baumgarten (Proskauer Rose), and Katharine Weymouth (Publisher of the Washington Post). See, notice. Location: Newseum, Knight Studio, 555 Pennsylvania Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch for planning and elections. For more information contact Micah Caldwell at mcaldwell at eapdlaw dot com or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: Hogan Lovells, 555 13th St., NW.

Deadline for Apple and other companies to respond to the April 25, 2011, letter [PDF] from Rep. Fred Upton (R-MI) and other House Commerce Committee (HCC) members regarding location data collection by cell phones and tablets. See also, letter to Google, letter to Microsoft, letter to Nokia, letter to Research in Motion, and letter to Hewlett Packard (HP). And see, story titled "House Republicans Write Apple and Others Re Cell Phone and Tablet Location Data Collection" in TLJ Daily E-Mail Alert No. 2,225, April 25, 2011.

Tuesday, May 10

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "Digital Video Recorders, the Cablevision Decision, and Industry Licensing Agreements". Breakfast will be served. 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.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Feature Group IP West v. FCC, App. Ct. No. 10-1257, a petition for review of orders of the Federal Communications Commission (FCC) denying a petition for forbearance from applying certain FCC rules regarding intercarrier compensation. See, FCC's brief [70 pages in PDF]. Judges Tatel, Griffith, and Randolph will preside. Location: Courtroom 11, 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Privacy, Technology and the Law will hold a hearing titled "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy". The SJC will webcast this hearing. See, SJC notice. See also, April 20 letter from Sen. Al Franken (D-MN) to Apple CEO Steve Jobs, and story titled "Sen. Franken Writes Steve Jobs Regarding Location Data Retention by iPhones and 3G iPads" in TLJ Daily E-Mail Alert No. 2,224, April 20, 2011. Location: Room 226, Dirksen Building.

11:00 AM - 1:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Competition in the Internet Ecosystem". The speakers will be Robert Atkinson (ITIF), Jeffrey Eisenach (Navigant Economics), Michael Calabrese (New America Foundation), and Jonathan Sallet (O'Melveny and Meyers). See, notice and registration page. Location: Room 1539, Longworth Building, Capitol Hill.

Deadline to submit reply 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to some portions of its Notice of Proposed Rulemaking (NPRM) [139 pages in PDF] regarding changes to the two universal service tax and subsidy programs titled "Lifeline" and "Link Up". The FCC adopted this NPRM on March 3, 2011, and released the text on March 4, 2011. It is FCC 11-32 in WC Docket Nos. 11-42 and 03-109, and CC Docket No. 96-45. See, notice in the Federal Register, March 23, 2011, Vol. 76, No. 56, at Pages 16481-16519.

Deadline to submit requests to participate in the Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee's (ITS/PAC) web conference on ITS. See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22940.

Wednesday, May 11

8:55 AM - 3:00 PM. The U.S.-China Economic and Security Review Commission will hold a hearing titled "The Implications of China's Military and Civil Space Programs". See, notice in the Federal Register, May 2, 2011, Vol. 76, No. 84, at Pages 24565-24566. Location: Room H-309, Capitol Building.

9:00 AM - 4:15 PM. The Federal Trade Commission (FTC) will host an event titled "Examining Phone Bill Cramming: A Discussion". See, notice and agenda. Location: FTC Conference Center, 601 New Jersey Ave., NW.

10:15 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "The AT&T/T-Mobile Merger: Is Humpty Dumpty Being Put Back Together Again?". See, notice. The SJC will webcast this hearing. Sen. Herb Kohl (D-WI) will preside. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Ethical Traps in E-Discovery". Prices vary. CLE credits. See, notice and registration page.

5:00 PM. Deadline to submit requests to testify at the U.S. Patent and Trademark Office's (USPTO) June 1, 2011, hearing regarding its ex parte and inter partes reexamination proceedings. See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Pages 22854-22861. See also, story titled "USPTO to Hold Hearing on Inter Partes Reexamination Proceedings" in TLJ Daily E-Mail Alert No. 2,226, April 26, 2011.

6:00 - 7:30 PM. The Federal Communications Bar Association (FCBA) will host an event. The speaker will be Geoffrey Stone (University of Chicago law school). The deadline to register is 12:00 NOON on May 9. Prices vary. Location: Davis Wright Tremaine, 1919 Pennsylvania Ave., NW.

EXTENDED TO JULY 11. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the December 3, 2010, petition for declaratory ruling (PDR) filed by the CTIA regarding the scope of the federal ban on state and local entry regulation, codified at 47 U.S.C. § 332(c)(3)(A), and the state of Connecticut's new regulatory regime for wireless service provides. See, CTIA's PDR part 1 and part 2. This proceeding is WT Docket No. 11-35.. See, CTIA's request to extend comment deadlines, and FCC's extension notice in the Federal Register, April 18, 2011, Vol. 76, No. 74, at Pages 21742-21743.