7/7. The U.S. Court of Appeals (3rdCir) issued another opinion [58 pages in PDF] in a long series of challenges to the Federal Communications Commission's (FCC) rules regarding the regulation of ownership of media. This case is Prometheus Radio Project v. FCC, and this opinion is likely to be referred to as "Prometheus II".

Summary. This is another in a long series of federal court opinions pertaining to the FCC's old and obsolete media regulation regime. In this latest opinion, this Court vacated and remanded the FCC's newspaper/broadcast cross-ownership (NBCO) rules, released in early 2008, that reduced government regulation. See, FCC's Report and Order on Reconsideration [124 pages in PDF]. The Court held that the FCC failed to comply with the Administrative Procedure Act (APA).

This Court also concluded that it does not have jurisdiction to hear the challenge of the five permanent waivers of its NBCO rule contained in the 2008 order.

This Court also upheld the 2008 order's local television ownership rule, local radio ownership rule, local radio ownership rule, and dual network rule.

This Court remanded parts of a second FCC order, released later in 2008, termed by this Court as the "Diversity Order". See, FCC's Report and Order and Third Further Notice of Rulemaking [70 pages in PDF].

This Court briefly glossed over the substantial Constitutional issue -- how with a Constitution that bans any law abridging the freedom of speech, or of the press, the FCC can impose a regulatory regime that so minutely manages the affairs of newspapers and other news and entertainment media.

Similarly, this Court was not concerned that it is compelling the FCC to vigorously apply a regulatory regime that now reaches only limited media outlets (newspapers, broadcast TV, and broadcast radio), while leaving untouched a vast and growing array of media based upon new technology platforms.

Finally, this Court premised its holding in part on promoting competition, when there are in place antitrust laws and antitrust regulators with broad authority to address anticompetitive conduct in all media, and not just those over which the FCC has authority.

History. While the Constitution provides that "Congress shall make no law ... abridging the freedom of speech, or of the press", the FCC, which is a created and empowered by Congressional statute, has long regulated media companies, including ownership of such companies.

The following is a cursory summary of the administrative and judicial history of such regulation for just the last ten years.

On April 2, 2002, the U.S. Court of Appeals (DCCir) issued its opinion in Sinclair Broadcast Group v. FCC, 284 F.3d 148, remanding the FCC's 1999 local television ownership rule for further consideration. See, story titled "DC Circuit Remands Local TV Ownership Rule to FCC" in TLJ Daily E-Mail Alert No. 402, April 3, 2002.

On February 19, 2002, the DC Circuit issued its opinion in Fox v. FCC, 280 F.3d 1027. That Court overturned the FCC's national TV station ownership rule (NTSO) and its cable broadcast cross ownership rule (CBCO). See, stories titled "DC Circuit Vacates Cable Broadcast Cross Ownership Rule", TLJ Daily E-Mail Alert No. 372, February 20, 2002, and "FCC Files Petition for Review of Appeals Court Opinion in Fox v. FCC" in TLJ Daily E-Mail Alert No. 415, April 22, 2002.

On June 2, 2003, the FCC announced its Report and Order and Notice of Proposed Rulemaking [257 pages in PDF] amending its media ownership rules. See, story titled "FCC Announces Revisions to Media Ownership Rules" in TLJ Daily E-Mail Alert No. 672, June 3, 2003. The FCC adopted new rules in 2003. These too were challenged in multiple petitions for review.

However, as a result of successful forum shopping efforts by opponents of the FCC's 2003 rule changes, the legal challenge was heard by a different circuit, the 3rd Circuit, and by a three judge panel with different policy preferences regarding regulation of media ownership.

It should be noted when the FCC writes new rules on remand, and the inevitable challenges follow, the same panel of the 3rd Circuit will hear the petitions for review. The just released opinion of this Court states that "This panel retains jurisdiction over the remanded issues."

On June 24, 2004, the 3rd Circuit issued its opinion [213 pages in PDF] in Prometheus Radio Project v. FCC, or Prometheus I, reported at 373 F.3d 372, overturning some of the FCC's media ownership rules as amended in 2003, and remanded. See, story titled "3rd Circuit Rules in Media Ownership Case" in TLJ Daily E-Mail Alert No. 930, July 1, 2004. The Supreme Court denied certiorari. See, story titled "Supreme Court Denies Certiorari in Media Ownership Rules Case" in TLJ Daily E-Mail Alert No. 1,153, June 14, 2005.

The just released opinion summarizes the holding of the 2004 opinion: "We affirmed the Commission's authority to regulate media ownership but remanded aspects of the Commission's 2003 Order that were not adequately supported by the record, including its numerical limits for local television ownership, local radio ownership rule, rule on cross-ownership of media within local markets, and repeal of the failed station solicitation rule."

On remand, the FCC was slow to act. It adopted new rules on December 18, 2007, in its Report and Order on Reconsideration [124 pages in PDF]. It released these rules on February 4, 2008. It is FCC 07-216.

See, story titled "FCC Releases Text of Media Ownership Order" in TLJ Daily E-Mail Alert No. 1,714, February 8, 2008. See also, story titled "Copps and Adelstein Complain About FCC Media Ownership Agenda Item" in TLJ Daily E-Mail Alert No. 1,688, December 13, 2007, and story titled "Martin Releases Media Ownership Proposal" in TLJ Daily E-Mail Alert No. 1,675, November 13, 2007.

In the 2008 order the FCC revised its newspaper/broadcast cross-ownership (NBCO) rules. It also adopted five permanent waivers of its NBCO rule. One waiver was for Gannett's newspaper/broadcast combination in Phoenix, Arizona. The other four were for Media General's combinations in Myrtle Beach-Florence, South Carolina,Columbus, Georgia, Panama City, Florida, and in the Tri-Cities DMA in Tennessee/Virginia.

The FCC also retained its radio/television cross-ownership (RTCO) rule and local television and radio ownership rules in existence prior to the 2003 order. It also retained its failed station solicitation rule (FSSR).

Also on December 18, 2007, the FCC adopted its Diversity Order regarding enhancing opportunities for minorities and women in broadcast ownership. See, Report and Order and Third Further Notice of Rulemaking [70 pages in PDF]. It is FCC 07-217 in MB Docket No. 07-294. The FCC did not release this order until March 5, 2008.

The Prometheus Radio Project (PRP), a litigation and lobbying group based in the 3rd Circuit, is one of many entities that petitioned for review of the FCC's 2008 order. It states in its web site that it is "freeing the airwaves from corporate control".

Holding. The Court of Appeals wrote that "Today we affirm the 2008 Order with the exception of the newspaper/broadcast cross-ownership rule, for which the Commission failed to meet the notice and comment requirements of the Administrative Procedure Act".

This Court upheld the radio/television cross-ownership rule of the 2008 order. The FCC first adopted this rule in 1999. It dropped it in its 2003 order. But, the 3rd Circuit overturned that portion of the 2003 order in Prometheus I, and the FCC's 2008 order reinstated the 1999 rule. Broadcasters challenged this.

Basically, it provides that a party may own up to two TV stations and up to six radio stations, or one TV station and seven radio stations, in a market where at least 20 independently owned media voices would remain post-merger. Or, a party may own two TV stations and up to four radio stations in a market where 10 independently owned media voices would remain. Or, a party may own two TV stations and one radio station regardless of the number of media voices in the market.

This Court also upheld the local television ownership rule of the 2008 order. Here too, after Prometheus I, the FCC reinstated its 1999 rule. It provides that an an entity may own two television stations in the same DMA if "(1) the Grade B contours of the stations do not overlap; or (2) at least one of the stations in the combination is not ranked among the top four stations in terms of audience share, and at least eight independently owned and operating commercial or non-commercial full-power broadcast television stations would remain in the DMA after the combination."

This Court also upheld the local radio ownership rule of the 2008 order, which allows an entity to own, operate, or control. from five to eight commercial radio stations, only three to five of which may be in the same service (AM/FM), depending on the number of full-power commercial and non-commercial stations in the market.

This Court also upheld the dual network rule of the 2008 order, which permits common ownership of multiple broadcast networks, but prohibits a merger between or among the top four networks. CBS challenged this rule.

Finally, this Court rejected the First Amendment challenges to all of the 2008 order's rules regulating ownership of media . The Court construed the Constitution's "no law" mandate to mean no law of which the Court does not approve. And, in the present case, the Court held that media ownership laws are Constitutional if they are "rationally related to substantial government interests in promoting competition and protecting viewpoint diversity".

This Court also remanded parts of the FCC's Diversity Order.

It wrote that "We also remand those provisions of the Diversity Order that rely on the revenue-based ``eligible entity´´ definition, and the FCC's decision to defer consideration of other proposed definitions (such as for a socially and economically disadvantaged business (``SDB´´), so that it may adequately justify or modify its approach to advancing broadcast ownership by minorities and women."

It also wrote that the FCC "appears yet to have gathered the information required to address these challenges, which it needs to do in the course of its review already underway. As ownership diversity is an important aspect of the overall media ownership regulatory framework ... we re-emphasize that the actions required on remand should be completed within the course of the Commission‘s 2010 Quadrennial Review of its media ownership rules."

Judge Ambro wrote the opinion of the Court of Appeals, in which Judge Fuentes joined. Judge Scirica wrote a separate opinion in which he concurred in part and dissented in part. He concurred in all of the Court's opinion, except as to the NBCO rule, which he would have upheld.

Reaction. FCC Commissioner Michael Copps released a statement. He wrote that he is "pleased" with the opinion.

He wrote that "It is clear from this decision that those previous Commissions abdicated their responsibility to consider diversity of ownership and diversity of viewpoint when they wrote their flawed rules. The Third Circuit underlines the need for better process and analysis in the forthcoming but overdue 2010 Quadrennial Review. I only hope that Report will be based upon the kind of specific, accurate, hard data the Court is looking for and that it will be inspired by an awakened appreciation of the need for the FCC to get serious -- after all these years -- about diversity and justice for America’s minorities and women. That's why I have been pushing so hard for the completion of in-depth studies that are needed to better inform our decisions and to help new diversity rules survive any court challenges they may face."

FCC Commissioner Mignon Clyburn (at right) also released a statement. She wrote that the decision to vacate and remand the Diversity Order "sends the important message that ownership diversity remains an important aspect of the overall media ownership regulatory framework. As the Court noted, the current Commission has taken steps towards gathering updated studies on ownership diversity as part of its 2010 Quadrennial Review proceeding."

She added that "I hope this Court decision will serve to encourage all of us at the Commission to take a laser like focus on the necessary and long awaited need for robust ownership studies and thoughtful recommendations to advance diverse voices in America's media market place."

The National Association of Broadcasters' Dennis Wharton stated in a release that "There have been sweeping changes in the media landscape since most of the broadcast ownership rules were adopted decades ago. NAB believes that modest reform of rules to allow free and local broadcasters to compete successfully in a universe of national pay TV and radio platforms is warranted."

Andrew Schwartzman of the Media Access Project (MAP), counsel for the PRP, stated in a release that "We won on almost every point. This decision is a vindication of the public's right to have a diverse media environment. The FCC majority knew that its effort to allow more media concentration was  politically and legally unworkable, so it tried to end-run the procedural protections that are designed to give the public the right to participate in agency proceedings. It was disapointing that FCC Chairman Genachowski chose to defend his predecessor's erroneous action, but now that the Court has directed the FCC to make sure the public is not ignored, we can look forward to having a right to meaningful participation as the FCC looks at these questions again."

Cory Wright of the Free Press stated in a release that "In rejecting the arguments of the industry and exposing the FCC's failures, the court wisely concluded that competition in the media -- not more concentration -- will provide Americans with the local news and information they need and want."

6/29. Federal Reserved Board Governor Sarah Raskin gave a speech in Washington DC titled "Economic and Financial Inclusion in 2011".

She discussed the use of new mobile communications technologies in financial services, the potential of new technologies for extending "financial inclusion" to those who have no bank accounts or who are "underbanked", and looming regulatory issues for mobile banking.

Raskin (at right) noted that "technology is absolutely central" to the lives of teenagers. She said that their "familiarity and comfort with online interaction, combined with their expectation of immediate, continuous, and universally accessible service, will likely inspire changes to traditional models of financial service delivery."

She said that "Traditional financial service providers that fail to keep pace with the latest technological innovations risk losing market share to innovators in this area. Signs that younger Americans are more tenuously attached to the traditional financial system are already apparent and it is important for policymakers to understand the implications of this trend for the financial futures of the next generation."

Raskin also stated that "the financial crisis has left many lower- and moderate-income Americans in danger. With fewer assets to rely upon and deteriorating credit, many people find it harder to enter, or stay in, the financial mainstream."

But, she added, "New technology, such as recent advancements in mobile financial services and the prepaid card industry, are spurring financial product and service innovation in the private sector. For example, mobile tools promoting ways to improve the financial capabilities of, and providing new products and services for, the underbanked are being developed."

"It may, in fact, turn out to be that the innovations in financial services outside the traditional banking system will best address the needs of lower-income Americans", said Raskin.

She then discussed the role of government regulation. She argued that "it is incumbent upon regulators to ensure that these products and services are safe, affordable, transparent, and easy to understand, regardless of the provider. In some cases, regulators may need to ban products that are inherently unfair or deceptive."

"In all cases, regulators must ensure that consumers are afforded meaningful protections with respect to any products that are offered in the financial marketplace. Finally, regulators must also actively monitor the consumer financial market to guard against developments that might threaten the stability of the overall economy."

She spoke of "regulators", without identifying which regulatory agencies would be involved in such regulation, or whether any new statutory authority should be extended to any agency.

Raskin spoke at an event hosted by the New America Foundation (NAF) titled "Rebuilding the Road to Financial Stability: Understanding and Addressing the Savings and Credit Needs of Lower-Income Americans". There is an archived video of her speech in the NAF web site.

7/1. President Obama announced his intent to nominate Matthew Olsen to be the Director of the National Counterterrorism Center (NCTC). See, White House news office release. If confirmed, he will replace Michael Leiter.

Olsen is currently the General Counsel for the National Security Agency (NSA). From 2006 to 2009, he was a Deputy Assistant Attorney General in the Department of Justice's (DOJ) National Security Division (NSD) where he was responsible for Foreign Intelligence Surveillance Act (FISA) matters.

The White House news office release states that he "helped craft landmark legislative changes to the surveillance laws, and advised government officials on intelligence activities and national security".

7/5. President Obama announced his intent to appoint Marc Lefar, the CEO of Vonage Holdings Corp., to be a member of the President's National Security Telecommunications Advisory Committee. See, White House news office release.

7/1. Robert Plaze was named Deputy Director in the Securities and Exchange Commission's (SEC) Division of Investment Management, and Diane Blizzard was named Managing Executive of the Division. See, SEC release.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House is scheduled to continue consideration of HR 2354 [LOC | WW], the "Energy and Water Appropriations Act, 2012", and begin consideration of HR 1309 [LOC | WW], the "Flood Insurance Reform Act of 2011". See, Rep. Cantor's schedule for the week of July 11.

The Senate will meet at 10:00 AM. The schedule lists resumption of consideration of S 1323 [LOC | WW], a sense of the Senate bill regarding taxing rich people.

8:00 AM - 5:00 PM. The Federal Trade Commission (FTC) will host an event titled "Stolen Futures: A Forum on Child Identity Theft". See, conference web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 - 10:30 AM. The Center for American Progress (CAP) will host an event titled "Reinvigorating Antitrust Enforcement". The main speaker will be Christine Varney (outgoing Assistant Attorney General in charge of the DOJ's Antitrust Division). The other speakers will be Winnie Stachelberg (CAP), Mark Cooper (Consumer Federation of America), Albert Foer (American Antitrust Institute), Howard Morse (Cooley), Scott Sher (Wilson Sonsini), and David Balto (CAP). Location: CAP, 10th floor, 1333 H St., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security will hold a hearing on HR 1981 [LOC | WW], the "Protecting Children from Internet Pornographers Act of 2011". The witnesses will be Ernie Allen (National Center for Missing and Exploited Children), Michael Brown (Bedford County Sheriff's Office), and Marc Rotenberg (Electronic Privacy Information Center). See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". See, tentative agenda. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:30 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Tech Contracts: Nine Lessons for Drafting and Negotiating Better IT Agreements". The speakers will be David Tollen, author of the book [Amazon] titled "The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Businesspeople". Prices vary. CLE credits. See, notice.

1:00 - 2:00 PM. Fulbright & Jaworski (F&J) will host a web seminar titled "Making Sense of Therasense: Past, Present and Future of Inequitable Conduct". See, the May 25, 2011, en banc opinion [88 pages in PDF] of the U.S. Court of Appeals (FedCir) in Therasense v. Becton, Dickinson and Co., and story titled "Federal Circuit Raises Standards for Prevailing on Defense of Inequitable Conduct" in TLJ Daily E-Mail Alert No. 2,253, July 1, 2011. The speakers will be Mark Emery, Sheila Kadura, Michael Krawzsenek, and Daniel Leventhal of F&J, and Dennis McNamara of Pozen, Inc. See, notice and registration page.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Preventing and Cleaning Up After Corporate Cyber-Terrorism, Hacking, Viruses and Other Electronic Pestilence". The speakers will be Elizabeth Shirley (Burr & Foreman), Paul Adams (Microsoft), Keith Jones ( Jones Dykstra), and Marc Zwillinger (Zwillinger Genetski). Prices vary. CLE credits. See, notice.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council will meet. See, meeting agenda [PDF] and notice in the Federal Register, Vol. 76, No. 119, Tuesday, June 21, 2011, Pages 36137-36138. Location: Washington Marriott at Metro Center, Salon A, 775 12th St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. Location: Room 219, Hart Building.

2:30 PM. The Senate Homeland Security and Government Reform Committee's (SHSGAC) Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security will hold a hearing titled "Can New Technology and Private Sector Business Practices Cut Waste and Fraud in Medicare and Medicaid?". The witnesses will be Peter Budetti (Centers for Medicare and Medicaid Services), Lewis Morris (Department of Health and Human Services), Valerie Melvin (Government Accountability Office), and Louis Saccoccio (National Health Care Anti-Fraud Association). The SHSGAC will webcast this event. See, notice. Location: Room 342, Dirksen Building.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for the week of July 11.

8:00 AM - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) and National Journal will host an event titled "National Journal Innovation Works Conference". See, ITIF notice. Location: Ronald Reagan Building and International Trade Center Atrium Ballroom, Concourse Level. 1300 Pennsylvania Ave., NW.

8:45 - 11:00 AM. The Free State Foundation (FSF) will host an event titled "Universal Service and Intercarrier Compensation: Will the FCC Finally Bite the Reform Bullet?" The speakers will be James Assey (NCTA), Jerry Ellig (Mercatus Center), Mike Romano (NTCA), Tom Tauke (Verizon), and Deborah Tate. See, notice. A light breakfast will be served. This event is free and open to the public. To register to attend, e-mail Kathee Baker at kbaker at freestatefoundation dot org Location: National Press Club, 13th Floor, 529 14th St., NW.

10:00 AM. The House Appropriations Committee (HAC) will mark up HR __, the FY 2012 Commerce, Justice, Science Appropriations Bill. See, notice. Location: Room 2359, Rayburn Building.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Monetary Policy and the State of the Economy". The witness will be Ben Bernanke, Chairman of the Federal Reserve Board (FRB). See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Unauthorized Charges on Telephone Bills: Why Crammers Win and Consumers Lose". The witnesses will be Lisa Madigan (Attorney General of Illinois), Elliot Burg (Office of the Vermont Attorney General), Susan Eppley, David Spofford (CEO of Xigo, LLC), and Walter McCormick (U.S. Telecom Association). See, notice. Location: Room 253, Russell Building.

2:00 - 6:00 PM. The New America Foundation (NAF) will host an event titled "How to Ignite, or Quash, a Revolution in 140 Characters or Less: The Promise and Limitations of New Technologies in Spreading Democracy". There will be numerous speakers and panels. Michael Posner (Assistant Secretary of State for Bureau of Democracy, Human Rights and Labor) will address "Internet Freedom and Human Rights: The Obama Administration's Perspective". Ian Schuler (Senior Program Manager for the Department of State's Internet Freedoms Program) will address "Bypassing the Master Switch". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nominations of Morgan Christen (to be a Judge of the U.S. Court of Appeals for the 9th Circuit), Yvonne Rogers (USDC/NDCal), Richard Andrews (USDC/DDel), Scott Skavdahl (USDC/DWyo), and Sharon Gleason (USDC/DAk). See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for the week of July 11.

9:00 - 11:00 AM. The Internet Caucus and the European Internet Foundation (EIF) will host an event titled "Transatlantic Roundtable on Privacy and Intellectual Property". The speakers will include Rick Boucher (Sidley Austin), Erika Mann, James Elles (European Parliament), Pilar del Castillo (EP), Ivailo Kalfin (EP), Catherine Trautmann (EP), and Marietje Schaake (EP). Register by emailing rsvp at netcaucus dot org or by calling 202-407-8829. Location: Reserve Officers Association, One Constitution Ave., NE.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up bills. The fourth of four items on the agenda is HR 1002 [LOC | WW], the "Wireless Tax Fairness Act of 2011". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM - 12:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Intelligence Oversight". See, notice. Location: Room HVC-304, Capitol Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Steve Six (to be a Judge of the U.S. Court of Appeals for the 10th Circuit), Stephen Higginson (USCA/5thCir), Jane Milazzo (USDC/EDLa), Alison Nathan (USDC/SDNY), Katherine Forrest (USDC/SDNY), and Susan Hickey (USDC/WDArk). The agenda also includes consideration of Christopher Droney (USCA/2ndCir), Robert Mariani (USDC/MDPenn), Cathy Bissoon (USDC/WDPenn), Mark Hornak (USDC/WDPenn), and Robert Scola (SDFl). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 PM. The Senate Banking Committee (SBC) will hold a hearing titled "Semiannual Monetary Policy Report to the Congress". The witness will be Ben Bernanke, Chairman of the Federal Reserve Board (FRB). See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Science and Space will hold a hearing titled "National Nanotechnology Investment: Manufacturing, Commercialization, and Job Creation". The witnesses will be Chad Mirkin (Northwestern University), Charles Romine (National Institute of Standards and Technology), Diandra Pelecky (West Virginia University), Thomas O'Neal (University of Central Florida), and George McLendon (Rice University). See, notice. Location: Room 253, Russell Building.

11:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade and Subcommittee on Communications and Technology will hold a joint hearing titled "Internet Privacy: The Views of the FTC, the FCC, and NTIA". The witnesses will be Julius Genachowski (Chairman of the FCC), Lawrence Strickling (head of the NTIA), and Edith Ramirez (FTC Commissioner). See, notice. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host an event titled "Calculating Reasonable Royalty Damages After Uniloc v. Microsoft". See, January 4, 2011, opinion [59 pages in PDF] of the U.S. Court of Appeals (FedCir). See also, May 16, 2011, order denying rehearing and rehearing en banc. The speakers will be Maureen Browne (Covington & Burling), Carla Mulhern (Analysis Group, Inc.), Peter Strand (Shook Hardy & Bacon). The price to attend ranges from $30 to $40. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a telecast panel discussion titled "Privacy and Information Security Update". The speakers will be Erin Egan (Covington & Burling), and Deborah Peden, Catherine Meyer and Wayne Matus (all of Pillsbury Winthrop). See, notice.

1:30 - 4:30 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Technology, Information Policy, Intergovernmental Relations, and Procurement Reform will hold a hearing titled "Transparency And Federal Management IT Systems". See, notice. Location: Room 2247, Rayburn Building.

4:00 - 7:15 PM. The DC Bar Association will host an event titled "Antitrust Investigations: Tactical and Ethical Issues". The speakers will be Kathryn Fenton (Jones Day), Ray Hartwell (Hunton & Williams), Donald Klawiter (Sheppard Mullin Richter & Hampton), and Ann O'Brien (DOJ's Antitrust Division). The price to attend ranges from $89 to $129. CLE credits. The DC Bar has a history of barring reporters from its events. For more information, call 202-626-3488. See, notice. Location: DC Bar, 1101 K St., NW.

6:30 PM. There will be a panel discussion titled "Up Next -- Hyperlocal Coverage: Neighborhood Blogs, Community Websites, and the Future of the News". The price to attend is $10. Tickets are required. See, notice. Location: National Press Club, First Amendment Lounge, 13th Floor, 529 14th St., NW.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule for the week of July 11.

8:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Spectrum and Public Safety Issues". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing on HR __, the "Innovative Design Protection and Piracy Prevention Act". See, notice. Location: Room 2141, Rayburn Building.

The House will be in recess the week of Monday, July 18 through Friday, July 22.

6:00 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "FCBA Trivia Night". Location: Laughing Man Tavern, 1306 G St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding ex parte communications with the FCC. The FCC adopted this item on February 1, 2011, and released it on February 2, 2011. It is FCC 11-11 in GC Docket No. 10-43. See, notice in the Federal Register, May 2, 2011, Vol. 76, No. 84, at Pages 24434-24436.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [27 pages in PDF] regarding rights of way policies and wireless facilities siting requirements. The FCC adopted and released this item on April 7, 2011. It is FCC 11-51 in WC Docket No. 11-59. See, notice in the Federal Register, Vol. 76, No. 95, Tuesday, May 17, 2011, at Pages 28397-28403.

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "Making the Universal Service Fund Into a Universal Broadband Fund". Breakfast will be served. See, notice and registration page. This event is also sponsored by the National Cable & Telecommunications Association (NCTA), US Telecom, Telecommunications Industry Association (TIA), and ICF International. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 - 9:45 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "What Would Pro-Growth Corporate Tax Reform Look Like?". The speakers will be Ike Brannon (American Action Forum), Robin Beran (Catepillar, Inc.), and Rob Atkinson (ITIF). See, notice and registration page. This event is free and open to the public. A light breakfast will be served. Location: Room B-340, Rayburn Building.

10:30 - 11:30 AM. The Heritage Foundation (HF) will host a lecture by Alan Leong Kah-kit (Legislative Councillor and 2007 Candidate for Chief Executive, Hong Kong SAR) titled "The Centennial of the 1911 Revolution: A Look Into the Future of Hong Kong and China". The HF will webcast this event. This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "The Atlantic Century 2011: Benchmarking U.S. and EU Innovation and Competitiveness". The speakers will include Chan Heng Chee (Singapore's Ambassador to the US), Lenny Mendonca (McKinsey), and Rob Atkinson (ITIF). See, ITIF notice. This event is free and open to the public. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Implications of AT&T Mobility v. Concepcion: Has the Supreme Court Sounded the Death Knell for Some Class Actions?". See, April 27, 2011, opinion of the Supreme Court, and story titled "Supreme Court Holds Class Action Waiver Clauses in Arbitration Contracts Are Enforceable" in TLJ Daily E-Mail Alert No. 2,228, April 28, 2011. The speakers will be Amy Brown (Squire Sanders), Paul Bland (Chavez & Gertler), Sarah Cole (Ohio State law school), and Julia Strickland (Stroock Stroock & Lavan). Prices vary. CLE credits. See, notice.

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