7/14. The House Judiciary Committee (HJC) approved by voice vote HR 1002 [LOC | WW], the "Wireless Tax Fairness Act of 2011".

Rep. Zoe Lofgren (D-CA), Rep. Trent Franks (R-AZ), and others introduced this bill on March 10, 2011.

This bill would impose a five year moratorium on any state or local "new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property". It would exempt state universal service taxes, and taxes to fund E-911 communications systems.

Rep. Lofgren (at right) stated in a release that "If we hope to compete in the interconnected global marketplace of tomorrow, the government needs to encourage the deployment and adoption of wireless broadband. In many places, the taxation of wireless approaches or even exceeds the rates of sin taxes on goods like alcohol and tobacco. This legislation simply freezes existing discriminatory wireless taxes to help foster wireless networks as a platform for innovation and jobs growth."

Rep. Lamar Smith (R-TX), the Chairman of the HJC, wrote in his statement that "This bill freezes state and local government taxes on wireless services for five years."

"The National Conference of State Legislatures and the National League of Cities have admitted that states need to reform their wireless tax policies. This bill gives states the breathing room to do so and prevents new discriminatory taxes in the interim", said Rep. Smith. "State and local revenues should not be affected by this legislation because its relief is prospective only. Under the bill, states are still free to raise taxes on wireless subscriptions as long as the tax hike is generally applicable to all goods and services."

He concluded that "This legislation simply promotes tax fairness; it does not tell states what tax rate they must impose on wireless subscriptions."

The CTIA's Jot Carpenter stated in a release that the "CTIA greatly appreciates the effort by Chairman Smith and the Wireless Tax Fairness Act's lead sponsors, Representatives Lofgren and Franks, to provide millions of American consumers with some much needed relief by putting a five-year freeze on new, discriminatory taxes and fees on their wireless bills. Today's Judiciary Committee vote was an important step and we hope the full House moves as soon as possible to protect wireless consumers from additional taxes and fees."

Sen. Ron Wyden (D-OR), Sen. Olympia Snowe (R-ME), and others introduced the companion bill in the Senate, S 543 [LOC | WW], also titled the "Wireless Tax Fairness Act of 2011", on March 10, 2011.

7/12. The Senate Commerce Committee (SCC) released a report [50 pages in PDF] titled "Unauthorized Charges on Telephone Bills". It concludes that "third-party billing is causing extensive financial harm to all types of landline telephone customers".

The SCC released this report the day before a SCC hearing on the subject, and the same day that the Federal Communications Commission (FCC) adopted a Notice of Proposed Rule Making (NPRM) [48 pages in PDF] on this topic. See, related stories in this issue titled "Senate Commerce Committee Holds Hearing on Phone Bill Cramming" and "FCC Adopts Cramming NPRM".

This report states that "Cramming is not a new problem. It began appearing in the 1990s, when telephone companies opened their billing platforms to an array of third-party vendors offering a variety of services. For the first time, telephone numbers became a payment method equivalent to credit card numbers. Consumers and businesses could purchase products or services with their telephone numbers and the charges for the services would later appear on their telephone bills. While the telephone companies' decision to open their billing platforms had the potential to benefit consumers and businesses, cramming quickly emerged as an unintended consequence."

The report states that phone companies profit from cramming because the collect fees for placing third party charges on their bills, that they are aware of the problem of cramming, and that "Many telephone customers experiencing cramming did not receive help from their telephone companies".

The SCC report offers no estimate of what percentage of third party charges are unauthorized. It states only that they constitute a "substantial percentage".

This report addresses only illegitimate businesses that place unauthorized charges on phone bills, and the harm that this causes. While this report offers the cursory statement that "some legitimate companies use third-party billing on landline telephone bills", it does not attempt to elaborate on legitimate third party billing. Nor does this report address how much consumers benefit from being able to make payment for purchases via phone bills. Nor does it address how much business opportunity and competition is enhanced by the availability of phone bill based billing.

This report offers no legislative recommendations.

7/13. The Senate Commerce Committee (SCC) held a hearing titled "Unauthorized Charges on Telephone Bills: Why Crammers Win and Consumers Lose" on July 13, 2011.

Sen. John Rockefeller (D-WV), Chairman of the SCC, presided at this hearing. He wrote in his prepared statement, from which he read, that "The companies responsible for these cramming charges don't sell legitimate products. Most of them don't seem to sell anything at all. Their sole purpose is to place bogus charges on your telephone bill, and hope that you will pay your bill every month without looking at it too closely."

He continued that "While all the telephone companies have anti-cramming policies, they haven't made a serious effort to keep the crammers off their phone bills. Even when the phone companies kick a company off their bills, the crammers just invent a new company name and product and are allowed to put the charges right back on consumers' bills. One reason the telephone companies don't really crack down on crammers is that they make money from cramming."

He concluded that "voluntary guidelines aren't solving this problem. It's also pretty clear that a case-by-case law enforcement approach is not working. ... It's time for us to take a new look at this problem and find a way to solve it once and for all."

He stopped short of making any specific legislative or rule making proposals. He offered this vague statement as he closed the hearing: "Let's not worry about whether something is convenient or not, or whether something is a quarter of one percent or not, let's just say if certain authorized things that should be done, let's work on that, and figure that out, and take the rest and just ban it."

Sen. Amy Klobuchar (D-MN) said with vagueness that "we need clear rules of the road to prevent this kind of behavior".

The SCC heard testimony from state Attorneys General, but not from either the Federal Trade Commission (FTC) or Federal Communications Commission (FCC).

Lisa Madigan, Attorney General of Illinois, advocated enactment of legislation banning third party charges on phone bills. She said that allowing third party billing is an "open invitation to fraud and deceit" and "should be banned altogether".

Madigan (at right) said that "people are completely unaware of the fact that their phone number can be used as a credit card". She added that "the vast majority" of consumers never find these unauthorized charges on their bills. And, "almost nobody" goes through their bills.

She added that it shouldn't be the obligation of law enforcement agencies "to play whack a mole" as the fraudulent actors keep changing their names and tactics in response to law enforcement efforts.

At the end of the hearing she conceded that there are a few legitimate third party billers, and they should be allowed to continue. She wrote in her prepared testimony that there should be "a few exceptions for some regulated services, such as operator-assisted calls".

Elliot Burg, of the Office of the Vermont Attorney General, testified that in a Vermont survey, ninety percent of people who responded to a survey had no recollection of consenting to charges. He also said that consumers do not scrutinize their phone bills. See also, prepared testimony.

Walter McCormick, head of the USTelecom, which represents phone companies whose bills include third party items, wrote in his prepared testimony [PDF] that "the problem of cramming persists".

He outlined efforts by local exchange companies to deal with cramming. He explained that this includes working with contractual provisions to "prevent bad actors from ever getting access to the telephone bill", attempting "to make new charges on a customer's bill as clear and transparent as possible", by providing "an instant credit to any customer that notifies the company that there is a charge on their bill that is not recognized and/or unauthorized", and by performing "continuous review of cramming complaints to identify problems and to invoke the remediation provisions in the contracts with billing aggregators and individual providers -- measures that include financial penalties, suspension of service, or termination of third-party billing services".

He also explained that three parties are typically involved in "the billing chain for products or services being charged on the consumer's telephone bill -- the third-party provider of that product or service, the billing consolidator or clearinghouse, and the local exchange company that presents the invoice to its customer."

During the question and answer portion of the hearing, he told Sen. Rockefeller that "this is a continuing problem that needs to be addressed", and that the USTelecom wants to work with the Senate on this matter. He also pointed out that there have been certain federal and state obligations to allow third parties access to bills, and there remains uncertainty as to what obligations remain. But, no Senator asked him if the Congress should enact a new statute to provide clarity.

Sen. Kelly Ayotte (R-NH) (at right) asked McCormick questions about whether there are any benefits or conveniences for consumers in third party billing. He did not name any particular third party biller who provides a benefit or convenience to consumers by taking payment via phone bills. However, he suggested, referencing a bill enacted by the Vermont legislature, that it could be "convenient for the consumer be be able to have certain services aggregated on a single bill."

McCormick also said that that "any kind of examination in this area I think would require some broad understanding of what legitimate businesses do rely upon this third party billing as a both a competitive opportunity, and as a consumer convenience, so we can try to provide you with more information for the record".

Sen. Claire McCaskill (D-MO) asked McCormick about "how much are the phone companies" make each year from third party billing. She said that "they are getting a piece of the pie", and asked "how much did AT&T make last year on cramming?"

McCormick answered that AT&T makes "fifty million a year" from third party billing, as distinguished from cramming, and that the figure is less than "200 million for the entire industry". He also said that this is about "one tenth of one percent of overall revenues" for the industry.

Sen. Rockefeller said, regarding McCormick's "one tenth of one percent" statement, "don't you understand how misleading that is?"

Rockefeller asked "why not ban it?" McCormick said that we do ban all unauthorized billing, but with respect to banning all third party billing, he said that "that is something that I will explore with the industry".

Sen. Ayotte about having a single national standard, with preemption. Madigan said that often federal legislation is "not strong enough".

The SCC also heard from two witnesses from businesses who deal with cramming who testified regarding the extent of cramming and the time and cost of monitoring bills, and demanding removal of unauthorized charges -- Susan Eppley and David Spofford (CEO of Xigo, LLC).

Spofford testified that more than 99% of third party charges are unauthorized.

Sen. Tom Udall (D-NM) asked about third party billing on cell phones. Madigan said that "the wireless carriers are much more aggressive and vigilant", so that there are many more complaints about land line phones.

Spofford said that "it is no where near as bad a problem" on wireless bills. He predicted, however, that it will "get worse".

Sen. John Boozman (R-AR) and Sen. Mark Begich (D-AK) also participated in the hearing.

7/12. The Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rule Making (NPRM) [48 pages in PDF] regarding cramming, the placement of unauthorized charges on consumers' telephone bills.

However, while the proposed rules contained in this NPRM are labeled as "Truth-in-Billing Requirements", this NPRM does propose to do anything to bring clarity to array of deceptively labeled federal and state taxes included on consumers' bills.

Indeed, the FCC has a history of pressuring carriers not to provide consumers accurate information regarding the taxes that are imposed via phone bills to fund the FCC's universal service tax and subsidy programs.

Moreover, the proposed rules in this NPRM would only impose minimal new requirements on carriers. First, this NPRM does not propose either to prohibit third party charges on carriers' phone bills, or to require that consumers be given the option to block all third party charges.

Rather, this NPRM merely proposes to tinker with the arrangement of bills, and notices contained in bills. It proposes that FCC's rules be amended to provide that "Where charges for two or more carriers appear on the same telephone bill, the charges must be separated by service provider."

Also, "Where charges for one or more service providers that are not carriers appear on a telephone bill, the charges must be placed in a distinct section separate from all carrier charges."

Also, "Telephone bills must contain clear and conspicuous disclosure of any information that the subscriber may need to make inquiries about or contest charges on the bill."

Also, "Telephone bills and carrier websites must clearly and conspicuously state that the subscriber may submit inquiries and complaints" to the FCC.

Witnesses at a Senate Commerce Committee (SCC) hearing on July 13, 2011, said that almost all consumers are unaware that third parties can cause charges to be placed on their phone bills, and do not scrutinize their phone bills for improper charges. See, related story in this issue titled "Senate Commerce Committee Holds Hearing on Phone Bill Cramming".

If the testimony of these SCC witnesses is accurate, then the proposed rules changes in this NPRM would likely have little effect in reducing cramming.

The FCC's cramming rules apply only to wireline carriers. However, this NPRM asks for comments on whether the regime should be extended to commercial mobile radio service (CMRS), and if so, what would be the statutory authority for such action. It also asks about extending the rules to cover providers of interconnected VOIP service.

Also, while the proposed rules in the NPRM would only address the content and arrangement of bills, the NPRM also asks for comment on a wider array of topics. It asks, for example, "whether wireline carriers should be required to block third-party charges from subscribers’ telephone bills upon request". It also asks whether certain classes or third party charges should be blocked, or whether on certain classes of third party charges should be allowed.

The FCC asserts that it has statutory authority for its current rules under 47 U.S.C. § 201(b), which provides, in relevant part, that "All charges, practices, classifications, and regulations for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is declared to be unlawful ..."

See also, FCC release, statement of Chairman Julius Genachowski, statement of Commissioner Robert McDowell, statement of Commissioner Michael Copps, and statement of Commissioner Mignon Clyburn.

This NPRM is FCC 11-106 in CG Docket No. 09-158) and CC Docket No. 98-170. Initial comments will be due 60 days after publication of a notice in the Federal Register. Reply comments will be due within 90 days of such publication. As of the July 14, 2011, issue of the Federal Register, such notice had not yet been published.

7/12. The Federal Communications Commission (FCC) adopted and released a Third Notice of Proposed Rule Making (3rdNPRM) [32 pages in PDF] regarding the impact of the enactment of the Local Community Radio Act of 2010 (LCRA) on "the procedures previously adopted to process the approximately 6,500 applications which remain pending from the 2003 FM translator window".

FCC Chairman Julius Genachowski wrote in his statement [PDF] that the FCC is "clearing the way for development of a more robust local community radio service and processing of thousands of pending FM translator applications."

FCC Commissioner Robert McDowell wrote in his statement [PDF] that "I am delighted that we are reconsidering the policy of limiting each applicant to only ten pending FM translator applications. I dissented against this cap in the Third Report and Order in 2007 stating that it could increase the risk of harmful interference to services provided by FM translators in many unserved areas. With the benefit of experience and hindsight, we now tentatively conclude that this proposal was also unworkable in other respects. In advancing a replacement licensing methodology, we improve upon our previous ten application restriction by seeking comment on a market-specific approach for processing the approximately 6,500 FM translator applications that remain pending."

FCC Commissioner Michael Copps wrote in his statement [PDF] that "Low Power should be available in every possible market -- specifically including spectrum-limited markets -- while permitting translator applicants to pursue more licenses once Low Power FM has a shot at gaining a toe-hold. There is nothing in today’s action that precludes translator applicants from pursuing licenses in the future even in those markets where pending applications may be dismissed. Today's action simply clears the path forward to a new LPFM window, a window that may be the last substantive opportunity for LPFMs to obtain licenses."

Copps also urged the FCC to promptly "open a new LPFM window" and "put in place some effective incentives so that women- and minority-owned businesses can take shape in the Low Power world". He also wrote that the FCC "will need to address the issues of second-adjacent waivers and of permitting LPFM stations to use a more flexible contour-based approach for locating available channels".

See also, statement [PDF] of FCC Commissioner Mignon Clyburn, and FCC release [PDF]. This 3rdNPRM is FCC 11-105 in MM Docket No. 99-25 and MB Docket No. 07-172. Initial comments will be due 30 days after publication of a notice in the Federal Register. Reply comments will be due within 45 days of such publication. As of the July 14, 2011, issue of the Federal Register, such notice had not yet been published.

The LCRA was HR 6533 [LOC | WW] in the 111th Congress. It is now Public Law No. 111-371. See also, story titled "Obama Signs Low Power FM Bill" in TLJ Daily E-Mail Alert No. 2,193, January 5, 2011, and stories titled "Congress Passes Low Power FM Bill", "Summary of HR 6533, the Community Radio Act of 2010", and "History of LPFM Law and Policy Making" in TLJ Daily E-Mail Alert No. 2,183, December 19, 2010.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider HR 2354 [LOC | WW], the "Energy and Water Appropriations Act, 2012". See, Rep. Cantor's schedule for the week of July 11.

The Senate will meet at 9:30 AM.

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 Energy and Natural Resources Committee (SENRC) will hold a meeting to mark up numerous bills. The agenda includes consideration of S 1113 [LOC | WW], the "Critical Minerals Policy Act of 2011", and S 383 [LOC | WW], the "Critical Minerals and Materials Promotion Act of 2011", bills pertaining to rare earth materials, which have many applications in information and communications technology products and devices. See, notice. Location: Room 366, Dirksen 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. The HCC will webcast this event. 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.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. Location: Room 219, Hart 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 10:00 AM for legislative business. It will resume consideration of HR 2354 [LOC | WW], the "Energy and Water Appropriations Act, 2012". See, Rep. Cantor's schedule for the week of July 11.

The Senate will not meet.

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.

There House will be in session the week of July 18. There will be no votes in the House on July 18. See, 2011 House Calendar.

The Senate will meet at 2:00 PM.

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.

The House will meet. Votes will be postponed until 6:30 PM. See, 2011 House Calendar.

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 - 3:00 PM. The Tech Freedom (TF) will host an event titled "Sorrell: The Supreme Court Confronts Free Speech, Marketing & Privacy". See, the Supreme Court's June 23, 2011, opinion [53 pages in PDF] in Sorrell v. IMS Vermont, TF's amicus curiae brief [PDF], and story titled "Supreme Court Applies Heightened Scrutiny to State Regulation of Commercial Data" in TLJ Daily E-Mail Alert No. 2,259, July 15, 2011. The first panel is titled "Towards Greater Commercial Free Speech Protections?". The speakers will be Greg Stohr (Bloomberg), Tom Julin (Hunton & Williams), Bob Revere (Davis Wright Tremaine), Greg Beck (Public Citizen), and Richard Ovelmen (Jordan Burt). The second panel is titled "Reconciling Data Restrictions & the First Amendment". The speakers will be Jim Harper (Cato Institute), John Verdi (Electronic Privacy Information Center), Jonathan Emord (Emord & Associates), John Morris (Center for Democracy & Technology), and Berin Szoka (TF). See, notice and registration page. This event is free and open to the public. Lunch will be served. Location: Hunton & Williams, 2200 Pennsylvania Ave., NW.

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.

12:30 - 2:00 PM. The Computer & Communications Industry Association (CCIA) will host a panel discussion titled "How Public Policy Can Enable Cloud Computing -- Driving Innovation, Investment & Job Creation Beyond the IT Sector". The speakers will include Michael Nelson (Georgetown University). This event is free and open to the public. Lunch will be served. Register by contacting Maggie Clark at mclark at ccianet dot org or 202-783-0070 ext 120. Location: Room B-340, Rayburn Building.

1:00 - 2:15 PM. The New America Foundation (NAF) will host a panel discussion titled "Kiwi Connected: What Can the U.S. Learn From New Zealand's Broadband Plan?" The speakers will be Tom Glaisyer (NAF), Joanne Hovis (President of Columbia Telecommunications Corporation), Ben Lennett (NAF), and Graham Mitchell (CEO of Crown Fiber Holdings). See, notice. Location: NAF, Suite 400, 1899 L 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.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "An App Store for Energy: eKNOW and Data-Driven Innovation for Smart Buildings". See also, S 1029 [LOC | WW], the "Electric Consumer Right to Know Act" or "e-KNOW Act". The speakers will include Sen. Scott Brown (R-MA), Lorie Wigle (Intel), Nick Sinai (EOP's Office of Science and Technology Policy), Dean Garfield (ITIC), and Rob Atkinson (ITIF). See, ITIF notice. This event is free and open to the public. Location: Room SVC 201-00, Capitol Visitor Center.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Are Products of Nature Patentable Subject Matter?". The speakers will be Eileen Kane (Penn State law school), John Hendricks (Hitchcock Evert), Harold Wegner (Foley & Larnder), and Jacqueline Bonilla (Foley & Lardner). Prices vary. CLE credits. See, notice.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response its 3rd Further Notice of Proposed Rulemaking (NPRM) [110 pages in PDF] regarding extensive revisions to its Part 11 rules governing the Emergency Alert System (EAS). The FCC adopted this NPRM on May 25, 2011, and released the text on May 26, 2011. It is FCC 11-82 in EB Docket No. 04-296. See, notice in the Federal Register, Vol. 76, No. 118, Monday, June 20, 2011, at Pages 35810-35831.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice regarding whether certain docketed FCC proceedings should be terminated as dormant. See, June 3, 2011, Public Notice (DA 11-992 in CG Docket No. 11-99), and notice in the Federal Register, Vol. 76, No. 118, Monday, June 20, 2011, at Pages 35892-35893.

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), Christopher Droney (USCA/2ndCir), Jane Milazzo (USDC/EDLa), 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.

12:15 - 1:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The speaker will be Julius Knapp, long time Chief of the FCC's Office of Engineering and Technology (OET). He will discuss "career development" and "professional growth opportunities". For more information, contact Susan Ornstein at susan dot goldhar at gmail dot com, or Brendan Carr at bcarr at wileyrein dot com. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 2:00 PM. The DC Bar Association will host an event titled "The ABCs of IP: A Primer on Patent, Copyright, and Trademark Law". The speakers will be Janet Fries (Drinker Biddle & Reath), Gary Krugman (Sughrue Mion), Steven Warner (Fitzpatrick Cella), and Mark Williamson (Fitzpatrick Cella). The price to attend ranges from $40 to $55. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Day one of a two day event hosted by the Minority Media and Telecom Council (MMTC) titled "25th Anniversary Access to Capital and Telecom Policy Conference". The speakers will include Robert McDowell (FCC Commissioner), Marc Morial (head of the Broadband Opportunity Coalition), Lewis Dickey (Cumulus Media), Walter McCormick (US Telecom), Dean Garfield (Information Technology Industry Council), Bret Perkins (Comcast), Joseph Waz (Comcast), Tom Tauke (Verizon), and James Cicconi (AT&T). See, conference web site. Location: Westin Georgetown Hotel, 2350 M St., NW.

7/14. Herb Congdon will join the Telecommunications Industry Association (TIA) on July 25, 2011, as Associate Vice President of Technology and Standards. He is currently Campaign and Systems Marketing Manager for TE Connectivity, which was previously named Tyco Electronics. See, TIA release.

7/13. Democrat Janice Hahn defeated Republican Craig Huey with 55% of the vote in a special election for the 36th Congressional District in southern California. She will replace former Rep. Jane Harman (D-CA), who retired in February. This district has long returned large majorities for Democratic candidates.

7/6. Federal Communications Commission (FCC) Chairman Julius Genachowski named Mindel De La Torre to the FCC's Performance Review Board (PRB). She is Chief of the FCC's International Bureau (IB). See, notice in the Federal Register, Vol. 76, No. 129, Wednesday, July 6, 2011, Pages 39401-39402.

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