Tech Law Journal Daily E-Mail Alert
May 16, 2011, Alert No. 2,242.
Home Page | Calendar | Subscribe | Back Issues | Reference
FTC to Hold Workshop on Standard Setting and Patents

5/13. The Federal Trade Commission (FTC) announced that it will hold a public workshop titled "Patent Standards Workshop" on June 21, 2011, in Washington DC. It also published a list of questions, and requested public comment, by July 8, 2011.

The FTC's notice does not set a deadline or a process for requesting to present or participate in this workshop. This event will be held at the FTC's Conference Center at 601 New Jersey Ave., NW.

This notice states that the FTC "may prepare a report". See also, the 2007 paper [68 pages in PDF] titled "Standard Setting, Patents, and Hold-Up". One of its co-authors is Joseph Farrell, Director of the FTC's Bureau of Economics.

This notice states that the FTC intends to examine "issues pertaining to potential patent hold-up of collaborative standards. It intends to consider antitrust issues, as well as examine how other legal doctrines (such as contract, patent, and consumer protection law), and economic and practical considerations affect the analysis of the issues." (Parentheses in original.)

It states that "Among the topics to be considered are the disclosure of patent rights during the standard-setting process, the implications of a patent holder's commitment to license users of the standard on reasonable and non-discriminatory (``RAND´´) terms, and the possibility of negotiating license terms prior to choosing the standard."

See, notice in the Federal Register, Vol. 76, No. 93, Friday, May 13, 2011, at Pages 28036-28038, and FTC release of May 9, 2011.

Questions. First, the FTC asks about the standards setting process and standards setting organizations (SSO). For example, it asks "How do patent disclosure policies vary among SSOs? How do disclosure policies vary in their effectiveness of making SSO members aware of relevant patent rights? What considerations drive variation in disclosure policies? Why do SSOs adopt policies that may lead to incomplete disclosure of relevant patents, for instance by excluding patent applications from disclosure or by not requiring members to search their patent portfolios?"

Also, "When SSO policies create a potential for incomplete disclosure of members' patent rights, how else can members protect themselves against hold-up?"

The FTC also asks numerous question about the licensing of patents on terms that are reasonable and non-discriminatory (RAND). For example, it asks, "Is a RAND commitment part of an enforceable contract between the SSO and the patent holder? Between the SSO members and the patent holder? Should non-members of the SSO who wish to use the standard be able to enforce the commitment? Do RAND licensing commitments without accompanying disclosure commitments provide adequate protection against patent hold-up?"

Next, the FTC asks numerous questions about ex ante disclosure and negotiation of licensing terms. For example, it asks, "What has been the experience of those SSOs that require or allow ex ante disclosure of licensing terms? How frequently do ex ante disclosures of licensing terms occur? Why are ex ante disclosures of licensing terms not required or made?"

Also, "To what extent do concerns about antitrust liability deter ex ante disclosure or negotiation of licensing terms?     What considerations should shape a rule of reason analysis of joint ex ante license discussions or negotiations?"

FTC's Rambus Debacle. This notice does not reference the FTC's failed administrative proceeding against Rambus arising out of its participation in a SSO.

The FTC filed an administrative complaint in 2002 against Rambus alleging anti-competitive behavior in violation of Section 5 of the Federal Trade Commission Act (FTCA) in connection with its participation in a standard setting body for dynamic random access memory products. See, story titled "FTC Files Administrative Complaint Against Rambus" in TLJ Daily E-Mail Alert No. 455, June 20, 2002.

The complaint pertained to Rambus's participation in the JEDEC Solid State Technology Association, which was formerly known as the Joint Electron Device Engineering Council. JEDEC develops and issues technical standards for a form of computer memory known as synchronous dynamic random access memory (SDRAM).

In 2006, the FTC concluded that "Rambus's acts of deception constituted exclusionary conduct under Section 2 of the Sherman Act, and that Rambus unlawfully monopolized the markets for four technologies incorporated into the JEDEC standards in violation of Section 5 of the FTC Act." See, FTC's August 2, 2006, opinion [120 pages in PDF] in its administrative proceeding titled "In the Matter of Rambus, Inc.". See also, FTC Docket No. 9302 for hyperlinks to pleadings in this proceeding.

And see, story titled "FTC Holds That Rambus Unlawfully Monopolized Markets" in TLJ Daily E-Mail Alert No. 1,427, August 8, 2006, and story titled "FTC Files Administrative Complaint Against Rambus" in TLJ Daily E-Mail Alert No. 455, June 20, 2002.

However, Rambus appealed, and on April 22, 2008, the U.S. Court of Appeals (DCCir) issued its opinion [24 pages in PDF] setting aside the FTC's order. See, story titled "Court of Appeals Rules in Rambus v. FTC" in TLJ Daily E-Mail Alert No. 1,752, April 23, 2008. The Supreme Court denied the FTC's petition for writ of certiorari in 2009.

See also, the 2007 opinion [39 pages in PDF] of the U.S. Court of Appeals (3rdCir) in Broadcom v. Qualcomm, 501 F.3d 297, and story titled "3rd Circuit Rules that Deception of SDO Can Give Rise to Claims for Violation of Sherman Act" in TLJ Daily E-Mail Alert No. 1,635, September 6, 2007.

Gordon Smith Discusses Voluntary Spectrum Auctions

5/10. Gordon Smith, head of the National Association of Broadcasters (NAB), gave a speech in Washington DC at the annual meeting of the Advanced Television Systems Committee (ATSC), a standards setting organization for digital television. He discussed the future of technology.

In addition, he discussed proposals for voluntary spectrum auctions. He is concerned that broadcasters might be compelled to give up spectrum involuntarily.

For a summary of pending proposals to authorize the Federal Communications Commission (FCC) to conduct voluntary spectrum auctions, see story titled "Rep. Latta Introduces Incentive Auctions Bill" in TLJ Daily E-Mail Alert No. 2,227, April 27, 2011, and story titled "Rep. Boucher and Rep. Stearns Introduce Voluntary Incentive Auctions Act" in TLJ Daily E-Mail Alert No. 2,114, July 29, 2010.

Gordon SmithSmith (at right) said that "These days, a lot of controversy revolves around the word ``voluntary´´ when it comes to broadcasters giving up spectrum. At the core, we want to protect broadcasters from being forced to give up spectrum involuntarily. And for those that choose not to give up spectrum, we want them held harmless and not disadvantaged by their choice to stay in the business of broadcasting."

"If a station simply can't make it and volunteers to sell its spectrum, that's fine - as long as it doesn't harm another station that wants to stay in business and is excited about the future. The problem is that what is voluntary for the former could become involuntary for the latter", said Smith.

"It concerns us that the FCC could forcibly relocate broadcasters, crowd channels closer together, reduce their coverage, destroy innovation for viewers, increase interference or otherwise degrade their signals." He continued that "what we're saying to the government is keep voluntary, voluntary."

"Broadcasting is continually changing -- from black and white to color, from analog to digital, and now to providing a whole range of new digital services", said Smith. "But change can't happen, and we can't serve our audiences, if we don't have sufficient spectrum. It's the necessary ingredient in the over-the-air part of free, over-the-air television."

"So we'll continue to fight to ensure that broadcasters have the spectrum they need and innovations in broadcast services, like the ones ATSC is spearheading, can flourish in consumer homes well into the future."

Microsoft Final Judgment Expires

5/12. The last of the provisions of the final judgment against Microsoft in USA v. Microsoft expired on May 12, 2011.

The Department of Justice's (DOJ) Antitrust Division stated in a release that "The Microsoft final judgment, which has been in effect since 2002, was designed to eliminate Microsoft's illegal practices, to prevent recurrence of the same or similar practices and to restore the potential for competition from software products known as ``middleware.´´ To that end, the judgment protected the development and distribution of middleware -- including web browsers, media players and instant messaging software -- thereby increasing choices available to consumers. The final judgment proved effective in protecting the development and distribution of middleware products and prevented Microsoft from continuing the type of exclusionary behavior that led to the original lawsuit."

This case is U.S.A. v. Microsoft, U.S. District Court for the District of Columbia, D.C. No. 98-CV-1232, and New York, et al. v. Microsoft, D.C. No. 98-CV-1233, consolidated.

The DOJ filed this action on May 18, 1998. See, TLJ story titled "The Government Sues Microsoft Again", May 19, 1998. For hyperlinks to earlier stories and pleadings related to this proceeding, see TLJ web page titled "DOJ v. Microsoft II".

The District Court quickly conducted a trial, and entered judgment against Microsoft on June 7, 2000.

Microsoft appealed. The U.S. Court of Appeals (DC) issued its opinion on June 28, 2001 affirming in part, and reversing in part. See, story titled "Appeals Court Rules in USA v. Microsoft" in TLJ Daily E-Mail Alert No. 219, June 29, 2001.

The DOJ's Antitrust Division, under Republican appointee Charles James, reached a settlement with Microsoft in November of 2001. See, stories titled "DOJ and Microsoft Reach Settlement" and "Summary of Prohibited Conduct Sections of the Proposed Final Judgment" in TLJ Daily E-Mail Alert No. 301, November 5, 2001.

A revised version of this became the final judgment on November 12, 2002. See, story titled "District Court Enters Final Judgment in Microsoft Case" in TLJ Daily E-Mail Alert No. 548, November 13, 2002.

Obama Administration Releases Vague Outline of Cyber Security Legislation

5/12. The White House (WH) news office issued a release titled "Cybersecurity Legislative Proposal". It states in vague language a set of proposals that could be included in a cyber security bill. No actual draft bill or draft language accompanied this release.

In addition, the WH news office released a second item titled "The Administration's Cybersecurity Accomplishments".

The legislative proposal described by this release contains a national data breach reporting requirement. The release adds that this "proposal helps businesses by simplifying and standardizing the existing patchwork of 47 state laws that contain these requirements". However, it does not elaborate on either the nature of the requirement, or on the subject of federal preemption of states laws.

The release also states that this legislative proposal "clarifies the penalties for computer crimes, synchronizes them with other crimes, and sets mandatory minimums for cyber intrusions into critical infrastructure."

The release adds that the "Racketeering Influenced and Corrupt Organizations Act (RICO) ... does not apply to cyber crimes, despite the fact that cyber crime has become a big business for organized crime."

The legislative proposal also provides "immunity when sharing cybersecurity information" with the Department of Homeland Security (DHS).

The legislative proposal also "will enable DHS to quickly help a private-sector company, state, or local government when that organization asks for its help".

The legislative proposal also calls for "each critical-infrastructure operator" to write a "cybersecurity risk mitigation plan", that then must be approved by "a third-party, commercial auditor", and for certain companies, by the Securities and Exchange Commission (SEC) also.

However, this release contains no proposal for an internet kill switch. See, story titled "The Big Red Switch in the Oval Office" in TLJ Daily E-Mail Alert No. 2,106, July 16, 2010.

The legislative proposal also addresses security of federal computer systems.

Sen. John Rockefeller (D-WV) and Sen. Olympia Snowe (R-ME) issued a joint statement. They were the sponsors in the 111th Congress of  S 773 [LOC | WW], the "Cybersecurity Act of 2009", and  S 778 [LOC | WW], an untitled bill that would merely create within the Executive Office of the President (EOP) the Office of the National Cybersecurity Advisor.

Sen. Rockefeller said that "The White House has presented a strong plan to better protect our nation from the growing cyber threat. Their plan incorporates many of the same elements of the bill we introduced last year. It establishes clear roles, responsibilities and accountability for cybersecurity in government and the private sector. Protecting our networks is a shared responsibility -- and like our bill, the Administration’s plan proposes close collaboration between the government and private sector. I am also pleased their proposal includes new protections for Americans in the event of a data breach. I look forward to continuing to work with the White House, and my colleagues in the House and Senate, to pass a comprehensive cybersecurity bill this year."

Sen. Snowe said that "it is imperative that the Administration come before Congress very soon to brief us on the reasoning behind its proposals. I look forward to working with my colleagues in the Senate, House and the Administration to swiftly pass comprehensive cybersecurity legislation as further delay compromises our ability to better protect Americans against cyber intrusions and attacks that target our financial, commercial, transportation and communications sectors."

Sen. Joe Lieberman (D-CT), Sen. Susan Collins (R-ME), and Sen. Tom Carper (D-DE) issued a joint statement. They are the sponsors of S 413 [LOC | WW], the "Cybersecurity and Internet Freedom Act of 2011".

They stated that the Obama administration proposal "is a welcome and necessary addition to the work we have been doing", and that "We look forward to working with the Administration to enact comprehensive cybersecurity legislation".

They also wrote that "The Senate and the White House are on the same track to make sure our cyber networks are protected against an attack that could throw the nation into chaos. We both recognize that the government and the private sector must work together to secure our nation’s most critical infrastructure, for example, our energy, water, financial, telecommunications, and transportation systems. We both call for risk-based assessments of the systems and assets that run that infrastructure. We both designate the Department of Homeland Security to lead this effort, with the assistance of other federal agencies. And we both encourage the government and the private sector to use and refine best practices honed over years of experience."

The American Civil Liberties Union's (ACLU) Laura Murphy stated in a release that "we're encouraged to see the absence of an `Internet kill switch´ in this bill".

She added that "As Americans live more and more of their lives online every day, it is crucial that the information they share is not just safe from the peering eyes of criminals but also from our government."

People and Appointments

5/17. The Senate confirmed Susan Carney to be a Judge of the U.S. Court of Appeals (2ndCir) by a vote of 71-28. See, Roll Call No. 71. All of the no votes were cast by Republicans. She has worked for Yale University's Office of Legal Council for 13 years. See also, statement by Sen. Patrick Leahy (D-VT)

5/16. President Obama nominated Terry Garcia to be the Deputy Secretary of Commerce. See, White House news office release. He has worked for the National Geographic Society (NGS) since 1999. He held senior positions at the Department of Commerce's (DOC) National Oceanic and Atmospheric Administration (NOAA) during the Clinton administration.

5/13. Sen. Herb Kohl (D-WI), longtime Senator for the state of Wisconsin, member of the Senate Judiciary Committee (SJC), and the SJC's Subcommittee on Antitrust, announced that he will not seek re-election in November of 2012. See, Sen. Kohl's release, and White House news office release.

5/12. The Senate Banking Committee (SBC) held an executive business meeting at which it approved the nominations of Peter Diamond (to be a member of the Board of Governors of the Federal Reserve System), David Cohen (to be the Department of the Treasury's Under Secretary for Terrorism and Financial Crimes), and Daniel Glaser (to be Assistant Secretary for Terrorist Financing). See, Congressional Record, May 12, 2011, at Page S2927.

In This Issue
This issue contains the following items:
 • FTC to Hold Workshop on Standard Setting and Patents
 • Gordon Smith Discusses Voluntary Spectrum Auctions
 • Microsoft Final Judgment Expires
 • Obama Administration Releases Vague Outline of Cyber Security Legislation
 • People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Tuesday, May 17

The House will be in recess the week of Monday, May 16 through Friday, May 20. The House will next meet at 2:00 PM on May 23.

The Senate will meet at 10:00 AM.

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "International Hacking and Cybersecurity: Is the Internet Secure Enough?" "AT&T - T-Mobile: Going Big or Going Home?". Breakfast will be served. This event 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), Telecommunications Industry Association (TIA) and USTelecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

11:30 AM. Sen. John Rockefeller (D-WV), Sen. Charles Schumer (D-NY), Sen. Kirsten Gillibrand (D-NY), Sen. Amy Klobuchar (D-MN), and Sen. Barbara Boxer (D-CA) will hold a news conference to advocate passage of S 28 [LOC | WW], the "Public Safety Spectrum and Wireless Innovation Act". The Senate Commerce Committee (SCC) will webcast this event. Location: Senate TV-Radio Gallery, S-325, Capitol Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) and George Mason University's (GMU) Mercatus Center will host a panel discussion titled "Waves of Innovation: Spectrum Allocation in the Age of the Mobile Internet". The speakers will be Charles Jackson (George Washington University), Matthew Hussey (office of Sen. Olympia Snowe (R-ME)), Thomas Hazlett (George Mason University), Steven Crowley, and Richard Bennett (ITIF). See, notice and registration page. Location: Room 2168, Rayburn Building, Capitol Hill.

TIME? The National Coordination Office for Networking and Information Technology Research and Development (NCO/NITRD) will host a 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. Location: __, Gaithersburg, MD.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [158 pages in PDF] regarding video description rules. This would reinstate and modify the video description rules adopted by the FCC in 2000, and subsequently vacated by the U.S. Court of Appeals, pursuant to 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], at Title II, Section 202. The FCC adopted this item on March 2, 20111, and released the text on March 3, 2011. It is FCC 11-36 in MB Docket No. 11-43. See, notice in the Federal Register, March 18, 2011, Vol. 76, No. 53, at Pages 14856-14871.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding possible elimination of ten year old rules, pursuant to Section 610 of the Regulatory Flexibility Act of 1980. See, notice in the Federal Register, March 18, 2011, Vol. 76, No. 53, at Pages 14871-14882.

Wednesday, May 18

The Senate will meet at 10:00 AM.

8:30 AM - 3:30 PM. The National Institute of Standards and Technology's (NIST) Technology Innovation Program (TIP) Advisory Board will meet. See, notice in the Federal Register, April 1, 2011, Vol. 76, No. 63, at Pages 18166-18167, and notice in the Federal Register, April 22, 2011, Vol. 76, No. 78, at Pages 22673-22674. Location: NIST, Portrait Room, Building 101, Gaithersburg, MD.

1:00 - 4:00 PM. The Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee (ITS/PAC) will host a web conference on ITS. The deadline to submit requests to participate is May 11. See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22940.

4:00 - 5:30 PM. The Information Technology and Innovation Foundation (ITIF) and George Mason University's (GMU) Mercatus Center will host a panel discussion titled "The FCC's Wireless Competition Report: A Preview". The speakers will be Thomas Hazlett (GMU), Harold Feld (Public Knowledge), Joshua Wright (GMU) and Robert Frieden (Penn State University). The Mercatus Center will webcast this event. RSVP to Megan Gandee at 703-993-4967 or mmahan at gmu dot edu. This event will be followed by a reception. See, notice. Location: Founders Hall, Room 111, GMU Arlington Campus, 3351 N. Fairfax Drive, Arlington, VA.

6:00 - 7:30 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Management of Federal Spectrum -- A Guide to NTIA Procedures, Intersecting NTIA/FCC Issues, and Navigating the Maze". CLE credits. The deadline to register is 5:00 PM on May 16. Prices vary. Location: Bingham McCutchen, 2020 K St., NW.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee regarding matters to be discussed at its May 25, 2011, meeting. See, notice in the Federal Register, April 28, 2011 Vol. 76, No. 82, at Pages 23796-23797.

Thursday, May 19

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

9:00 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Social, Behavioral and Economic Sciences. See, notice in the Federal Register, April 29, 2011, Vol. 76, No. 83, at Page 24062. Location: NSF, 4201 Wilson Boulevard, Stafford II, Room 555, Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda 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 PM. The Senate Homeland Security and Governmental Reform Committee (SHSGRC) will hold a hearing titled "Ten Years After 9/11: Is Intelligence Reform Working?: Part II". See, notice. The SHSBRC will webcast this hearing. Location: Room 342, Dirksen Building.

11:00 AM - 1:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet by teleconference. See, notice in the Federal Register, May 4, 2011, Vol. 76, No. 86, at Pages 25361-25362.

12:00 NOON - 1:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Life in the Cloud: A View of Cloud Computing for Personal, Business and Government Use". The speakers will be Jeff Bergeron (HP), Karen Kerrigan (Small Business and Entrepreneurship Council), and Robert Atkinson (ITIF). See, notice. Register at hpinnovationrsvp at pstrategies dot com. Location: Room 2203, Rayburn Building, Capitol Hill.

12:30 - 2:00 PM. The DC Bar Association will host a brown bag lunch. The speaker will be Timothy Reif (General Counsel of the Office of the U.S. Trade Representative). Free. No CLE credits. Reporters are barred from this event. See, notice. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

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

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Daniel O'Brien (FTC) titled "All-units Discounts and Double Moral Hazard". The FTC's notice does not elaborate. However, when a buyer meets its specified threshold, an all units discount requires that the seller give a per unit rebate to the buyer applied to all units. It is a form of loyalty discount. And, the FTC has alleged that certain loyalty discounts in the tech sector are anticompetitive. See for example, In the Matter of Intel Corporation, FTC Docket No. 9341. For more information, contact Loren Smith lsmith2 at ftc dot gov, Tammy John tjohn at ftc dot gov, or Daniel O'Brien at dobrien at ftc dot gov. Location: FTC, Room 4100, 601 New Jersey Ave., NW.

2:30 - 3:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Ethics of Social Networking". Prices vary. CLE credits. See, notice and registration page.

Deadline to submit comments to the Copyright Office (CO) in response to its proposal to amend its rules to "provide reporting of uses of sound recordings performed by means of digital audio transmissions pursuant to statutory license for the period April 1, 2004, through December 1, 2009". See, notice in the Federal Register, April 19, 2011, Vol. 76, No. 75, at Pages 21833-21835.

Friday, May 20

9:00 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Social, Behavioral and Economic Sciences. The agenda for May 20 includes consideration of "Cyberinfrastructure Framework for the 21st Century". See, notice in the Federal Register, April 29, 2011, Vol. 76, No. 83, at Page 24062. Location: NSF, 4201 Wilson Boulevard, Stafford II, Room 555, Arlington, VA.

12:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "Regulatory Trends and State of Play in Established and Emerging Markets Around the World". The speaker will be Andrew Haire (former Deputy Director-General IDA, Singapore). For more information, contact jennifer at thejgroupplanning dot com. Location: Sidley Austin, 1501 K St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7511 Rev. 2 [41 pages in PDF] titled "Security Content Automation Protocol (SCAP) Version 1.0 Validation Program Test Requirements".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7696 [32 pages in PDF] titled "Common Platform Enumeration: Name Matching Specification Version 2.3".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [46 pages in PDF] regarding how its rules and policies could be modified to provide greater economic, market entry, communication adoption opportunities, and incentives for Native Nations. This notice is FCC 11-30 in CG Docket No. 11-41. The FCC adopted it on March 3, 2011, and released the text on March 4, 2011. See, notice in the Federal Register: April 5, 2011, Vol. 76, No. 65, at Pages 18759-18761.

Saturday, May 21

11:30 AM - 3:00 PM. There will be an event titled "Public Purpose Mobile Applications Workshop". For more information, contact Justin Faulb at Faulb at lojlaw dot com or Scott Delacourt at Sdelacourt at wileyrein dot com.  Location: __.

Monday, May 23

The House will return from its one week May recess. It will meet at 2:00 PM.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Spectrum Incentive Auctions: the Nuts, Bolts  and Economics". The speakers will be Lawrence Ausubel (University of Maryland), Peter Cramton (University of Maryland), Evan Kwerel (FCC), and Karen Wrege (Power Auctions). Lunch will be served. This event is free and open to the public. See, notice. Location: Room 2322, Rayburn Building.

5:00 - 6:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing on the FY 2012 intelligence budget. Location: Room 304, Capitol Visitor Center.

6:30 PM. The National Press Club (NPC) and George Washington University's Global Media Institute will host a presentation by Paul Steinle and Sara Brown titled "Who Needs Newspapers? A Report on the Status of Newspapers in the United States". See, notice. RSVP to professionaldevelopment at press dot org or 202-662-7524. Location: NPC, Murrow Room, 529 14th St., NW.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) regarding reducing the burdens that its regulatory requirements impose. See, notice in the Federal Register, March 24, 2011, Vol. 76, No. 57, at Page 16604.

Deadline to submit objections to the Copyright Office (CO) to its "initial list of television stations listed in filed affidavits in which the owner or licensee of the television station attests that the station qualifies as a specialty station in accordance with" the Federal Communications Commission's (FCC) definition. The CO will use the final list "to verify the specialty station status of those television stations identified as such by cable systems on their semi-annual statements of account". See, notice in the Federal Register, April 22, 2011, Vol. 76, No. 78, at Pages 22733-22734.

Deadline to submit reply comments to the Federal Communications Commission (FCC) Notice of Proposed Rulemaking (NPRM) regarding video relay service (VRS) rates. The FCC adopted this item on April 14, 2011, and released it on April 15, 2011. It is FCC 11-62 in CG Docket Nos. 10-51 and 03-123. See, notice in the Federal Register, May 2, 2011, Vol. 76, No. 84, at Pages 24442-24443.

Tuesday, May 24

10:00 AM. The Federal Communications Commission's (FCC) Emergency Response Interoperability Center Public Safety Advisory Committee (ERICPSAC) will meet. See, notice in the Federal Register, April 28, 2011, Vol. 76, No. 82, at Page 23810. Location: FCC, Commission Meeting Room.

10:00 AM - 5:00 PM. The Social Security Administration's (SSA) Future Systems Technology Advisory Panel  will meet. See, notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Page 27143. Location: Hyatt Regency Crystal City, 2799 Jefferson Davis Highway, Arlington, VA

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

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Spring Reception". Prices vary. See, notice and registration form [PDF]. Location: Washington Hilton Hotel, 1919 Connecticut Ave., NW.

About Tech Law Journal

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

Solution Graphics

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2011 David Carney. All rights reserved.