7/18. The Federal Communications Commission (FCC) adopted and released a Second Report and Order [49 pages in PDF] regarding low power television transition from analog to digital signals.

This item sets a hard deadline of September 1, 2015 for LPTV transition to digital.

FCC Commission Robert McDowell wrote in a statement that "The one thing I learned from my involvement with the full power DTV transition is to expect the unexpected. As was the case with the first digital transition, unanticipated challenges are bound to arise."

FCC Commission Michael Copps wrote in a statement that "The clearest lesson learned from the Full Power DTV transition is the amount of preparation that is needed in advance in order to best educate the impacted citizens and to be ready to respond to the unpredictable and the unexpected."

This items states that the FCC decides to:

"(1) adopt a hard deadline of September 1, 2015 for the termination of all analog low power television facilities;
(2) establish rules permitting those stations needing additional time to complete their digital transition to obtain a ``last minute´´ extension;
(3) require existing analog and digital low power television stations in the 700 MHz band (channels 52-69) to submit displacement applications by September 1, 2011, and to cease operations in the 700 MHz band by December 31, 2011;
(4) increase the power limits for VHF low power television channels to 3 kilowatts (the current analog power limit);
(5) delegate to the Media Bureau the authority to establish timeframes and procedures for stations that have not already converted to notify the Commission of their conversion plans;
(6) widen the class of low power television broadcasters subject to the Commission’s ancillary and supplementary fee rules;
(7) modify the Commission’s minor change rule so that it covers a proposed change in a low power television station’s transmitter site of up to 30 miles (48 kilometers) from the reference coordinates of the station’s transmitting antenna;
(8) revise the vertical antenna patterns used in the prediction methodology for the low power television services; and
(9) allow low power television stations to use the emission mask used by full power television stations."

This item is FCC 11-110 in MB Docket No. 03-185.

7/13. The Federal Communications Commission (FCC) adopted an item [77 pages in PDF] regarding location surveillance mandates at its July 12, 20011 meeting. It released the text of this item, titled "Notice of Proposed Rulemaking, Third Report and Order, and Second Further Notice of Proposed Rulemaking", on July 13.

The order portion of this item retains the FCC's existing handset based and network based location accuracy standards and the eight year implementation period established in the FCC's Second Report and Order [48 pages in PDF] adopted and released on September 23, 2010. (That 2nd R&O is FCC 10-176 in PS Docket No. 07-114).

See also, the FCC's Notice of Proposed Rulemaking and Notice of Inquiry [36 pages in PDF] adopted and released on September 23, 2010. (That NPRM & NOI is FCC 10-177 in PS Docket No. 07-114 and WC Docket No. 05-196.

However, the just released order also provides for phasing out the network based standard. It also requires new Commercial Mobile Radio Service (CMRS) networks to comply with the handset based location criteria, regardless of the location technology they actually use.

It also states that the FCC will require wireless carriers to periodically test their outdoor E911 location accuracy results and to share the results with Public Safety Answering Points (PSAPs), state 911 offices, and the FCC.

The NPRM portion of just released item addresses expanding the range of services covered by the FCC's location surveillance mandates.

It also states that "We do not propose specific automatic location accuracy requirements for VoIP at this time but instead seek comment on whether we should adopt general governing principles for the development of automatic location identification solutions."

This item, like other FCC actions to mandate the use of, and increase the accuracy of, location detection technologies, references one FCC purpose -- 911 services. There are, however, other purposes, including ensuring that law enforcement and intelligence agencies are able to discover and track the location of persons under criminal or FISA surveillance, and to enable private sector location based services and marketing.

Location surveillance capabilities in electronic devices give rise to a host of issues regarding consumer privacy. And, the day after the release of this item, FCC Chairman Julius Genachowski testified at a House Commerce Committee (HCC) hearing about the FCC's deep concerns for consumer privacy. However, this item only addresses privacy briefly and in passing in the NPRM portion, at paragraph 76, on page 77.

It refers to 47 U.S.C. § 222, which pertains to customer proprietary network information (CPNI), then asks, "How would section 222 apply to broadband providers if we were to amend our rules to require them to assist interconnected VoIP service providers in providing ALI? Could the Commission use authority ancillary to sections 222 and 615a-1 to require broadband providers to maintain the confidentiality of location information except as consistent with section 222? Could we extend the exception to the prior authorization rule for providers of emergency services to broadband providers? Are there other sources of authority that would enable the Commission to address privacy concerns in this area?" See also, 47 U.S.C. § 615a-1.

For more information, see story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007, story titled "FCC Adopts E911 Location Tracking Accuracy Benchmarks" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007, story titled "FCC Files Opposition to Stay in Challenge to Its Latest Wireless E911 Location Tracking Mandates" in TLJ Daily E-Mail Alert No. 1,729, March 11, 2008, and story titled "FCC Seeks Comments on Wireless Location Tracking Rules" in TLJ Daily E-Mail Alert No. 1,833, September 26, 2008.

This item is FCC 11-107 in PS Docket No. 07-114 and WC Docket No. 05-196. 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 18, 2011, issue of the Federal Register, such notice had not yet been published.

7/14. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade (SCMT) and Subcommittee on Communications and Technology (SCT) held a joint hearing titled "Internet Privacy: The Views of the FTC, the FCC, and NTIA".

See, opening statement of Rep. Mary Mack (R-CA) Chairman of the SCMT, opening statement of Rep. Greg Walden (R-OR), Chairman of the SCT, opening statement of Rep. Fred Upton (R-MI), Chairman of the HCC, opening statement of Rep. Henry Waxman (D-CA), ranking Democrat on the HCC, and statement of Rep. Ed Markey (D-MA).

There were three witnesses. See, prepared testimony [4 pages in PDF] of Julius Genachowski (Chairman of the Federal Communications Commission), prepared testimony [13 pages in PDF] of Lawrence Strickling (head of the National Telecommunications and Information Administration), and prepared testimony [18 pages in PDF] of Edith Ramirez (Commissioner of the Federal Trade Commission).

Rep. Bono wrote that "While it's still unclear to me whether government regulations are really needed, providing consumers with more transparency is the first step in better protecting Americans. Consumers should be notified promptly if there is a material change in a privacy policy; no bait and switch schemes should be allowed nor tolerated. Sensitive information should have greater safeguards in place, especially when it comes to financial and personal health records. We should take a long look at how our children are treated online and how they are marketed to."

Rep. Walden wrote that "regulatory overreach may curb the ability of entrepreneurs to invest, innovate, and create jobs"

He continued that "Today's regime is neither competitively nor technologically neutral." He continued that 47 U.S.C. § 222, the customer proprietary network information (CPNI) section, gives the FCC "broad authority to implement privacy protections for consumers of wireline and wireless telephone services. Section 222 also specifically calls out location-based services for regulation, but applies that regulation only to carriers and not providers of devices, operating systems, or applications. Other parts of the Communications Act give the Commission authority over cable operators and satellite television providers under a ``prior consent´´ framework." See, 47 U.S.C. § 551 and 47 U.S.C. § 338(i) and .

"In stark contrast," said Rep. Walden, "there are few if any communications privacy regulations governing web-based companies, even those that can access a user's search queries, emails, voice and video online conversations, web browser, and even operating systems."

He asked rhetorically, "Why should a wireless provider that transmits data to and from a smartphone be subject to federal oversight, but not an operating system provider that has access to the exact same data?"

Rep. Waxman wrote that "the majority has stated that it is not sure whether legislation is needed and that it does not intend to move too quickly on this important issue. I think it is well past the time to move ahead. There were six privacy hearings in the 111th Congress. Each made me more and more convinced that current law does not ensure proper privacy protections for consumer information".

Rep. Markey touted a bill that he is cosponsoring with Rep. Joe Barton (R-TX), HR 1895 [LOC | WW], the "Do Not Track Kids Act". See also, story titled "Rep. Markey and Rep. Barton Release Draft of Do Not Track Kids Act" in TLJ Daily E-Mail Alert No. 2,236, May 9, 2011.

7/7. The House Judiciary Committee (HJC) approved HR 1439 [LOC | WW | PDF], the "Business Activity Tax Simplification Act" or BATSA by voice vote without amendment.

State tax collectors have incentives to maximize tax collections. Moreover, since out of state businesses, and their employees, cannot vote in state, they are sometimes particularly attractive targets for state tax collectors. These tax collectors sometimes seize upon web based activities, including e-commerce, as a pretext for imposing business activity taxes (BAT) on out of state companies.

This bill covers many types of BATs. However, to the extent that this bill would limit the ability of states to impose BATs on distant business for internet activities, it is a technology related bill.

Rep. Bob Goodlatte (R-VA) and Rep. Bobby Scott (D-VA) introduced this bill on April 8, 2011. The HJC's Subcommittee on Courts, Commercial and Administrative Law held a hearing on April 11, 2011. The full Committee approved it on July 7.

Rep. Goodlatte and Rep. Scott issued a release after the vote that states that some "states assert that having a website on a server in the state creates a sufficient connection to justify imposing these taxes".

Rep. Goodlatte stated in this release that "Just because a website can be accessed by consumers in a certain state, doesn't mean that state should be able to collect taxes from the website owner. This legislation focuses on allowing the Internet and the commerce that it facilitates to expand, by eliminating excessive taxes that harm on-line growth."

He added that "Small businesses will be particularly helped with this bill because they do not have the resources to hire teams of lawyers to fight aggressive state taxation."

Rep. Scott stated in this release that "Businesses should be responsible for paying taxes to states where they do business; however, BATSA would ensure fairness, minimize costly litigation for both state governments and taxpayers, reduce the likelihood of a business being 'double-taxed' on the same income, and create a legally certain and stable business environment. Most importantly, the bill would ensure that businesses continue to pay business activity taxes to states that provide them with direct benefits and protections."

Mark Up. The HJC approved the bill without amendment by voice vote. But first, it considered and rejected several amendments.

The HJC rejected by voice vote an amendment offered by Rep. Judy Chu (D-CA) that would have deleted the bill's definition of "physical presence".

The HJC rejected by a vote of 7-24 an amendment offered by Rep. Chu that would have changed the effective date of the bill from January 2, 2012 to January 1, 2022. Rep. Chu and six other Democrats voted for the amendment. See, roll call.

HJC also rejected by voice vote an amendment offered by Rep. Jerrold Nadler (D-NY) that would have removed Section 3 of the bill.

Bill Summary. Section 2 of HR 1439 amends 15 U.S.C. § 381, regarding "Imposition of net income tax" by states. Section 381(a) currently provides, in part, as follows:

"No State, or political subdivision thereof, shall have power to impose ... a net income tax on the income derived within such State by any person from interstate commerce if the only business activities within such State by or on behalf of such person during such taxable year are either, or both, of the following:
  (1) the solicitation of orders by such person, or his representative, in such State for sales of tangible personal property, which orders are sent outside the State for approval or rejection, and, if approved, are filled by shipment or delivery from a point outside the State; and
  (2) the solicitation of orders by such person, or his representative, in such State in the name of or for the benefit of a prospective customer of such person, if orders by such customer to such person to enable such customer to fill orders resulting from such solicitation are orders described in paragraph (1).

HR 1439 would rewrite this as follows. Deleted language is shown in strikethrough. Added language is shown in red.

"No State, or political subdivision thereof, shall have power to impose ... a net income tax on the income derived within such State by any person from interstate commerce if the only business activities within such State by or on behalf of such person during such taxable year are either, or both, any one or more, of the following:
  (1) the solicitation of orders by such person, or his representative, in such State for sales of tangible personal property, which orders are sent outside the State for approval or rejection, and, if approved, are filled by shipment or delivery from a point outside the State; and (which are sent outside the State for approval or rejection) or customers by such person, or his representative, in such State for sales or transactions, which are--(A) in the case of tangible personal property, filled by shipment or delivery from a point outside the State; and (B) in the case of all other forms of property, services, and other transactions, fulfilled or distributed from a point outside the State;
  (2) the solicitation of orders by such person, or his representative, in such State in the name of or for the benefit of a prospective customer of such person, if orders by such customer to such person to enable such customer to fill orders resulting from such solicitation are orders described in paragraph (1);
  (3) the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State by such person, or his representative, which information is used or disseminated from a point outside the State; and
  (4) those business activities directly related to such person's potential or actual purchase of goods or services within the State if the final decision to purchase is made outside the State." (Parentheses in original.)

HR 1439 would also replace the current 15 U.S.C. § 381(c) with this:

"For purposes of subsection (a) of this section, a person shall not be considered to have engaged in business activities within a State during any taxable year merely--
  (1) by reason of sales or transactions in such State, the solicitation of orders for sales or transactions in such State, the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State, on behalf of such person by one or more independent contractors;
  (2) by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State are limited to making sales or fulfilling transactions, soliciting order for sales or transactions, the furnishing of information to customers or affiliates, and/or the coverage of events or other gathering of information; or
  (3) by reason of the furnishing of information to an independent contractor by such person ancillary to the solicitation of orders or transactions by the independent contractor on behalf of such person."

Section 3 of HR 1439 "provides for minimum jurisdictional standards". It states that "No taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person's activities in interstate commerce unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed."

There are five sections in this bill. Section 1 provides the title. Section 4 addresses group returns. Section 5 contains definitions.

Section 381 was enacted back in 1959. It focused on limiting taxation of businesses solely for their solicitation of sales of tangible personal property in the taxing state. HR 1439 would expand the limitation to encompass a range of intangibles, including gathering and distributing information, and conducting sales or transactions of any kind.

The bill does not expressly list operating a news, informational or e-commerce web site that is accessible to persons within the taxing state, but the bill would have the effect of precluding a state from imposing a BAT on an out of state business solely for operating such a web site.

Also, this bill addresses when a state can impose a BAT on an out of state business, that for example, sells goods of services over the internet, including to persons within the taxing state. This bill does not address when a state can impose a tax on such transactions.

Legislative History. Rep. Goodlatte and former Rep. Rick Boucher (D-VA) tried over many Congresses to pass such a bill. See, for example:

111th Congress: HR 1083 [LOC | WW], the "Business Activity Tax Simplification Act of 2009". Neither the House, nor the HJC, took any action on this bill.

110th Congress: HR 5267 [LOC | WW], the "Business Activity Tax Simplification Act of 2008". Neither the House, nor the HJC, took any action on this bill. See also, story titled "Boucher and Goodlatte Again Introduce BAT Bill" in TLJ Daily E-Mail Alert No. 1,715, February 11, 2011.

109th Congress: HR 1956, the "Business Activity Tax Simplification Act of 2005". The HJC amended and approved this bill on June 28, 2006. It was briefly placed on the House floor calendar, but then withdrawn. See also, story titled "House Subcommittee to Hold Hearing on Goodlatte Boucher BAT Bill" in TLJ Daily E-Mail Alert No. 1,219, September 22, 2005, and "More News" in TLJ Daily E-Mail Alert No. 1,420, July 28, 2006.

108th Congress: HR 3220, the "Business Activity Tax Simplification Act of 2003". The HJC's Subcommittee on Commercial and Administrative Law held a hearing in 2004. However, there was no further action. See also, stories titled "Reps. Goodlatte and Boucher Introduce Bill to Limit Business Activity Taxes" in TLJ Daily E-Mail Alert No. 753, October 6, 2003, and "House Subcommittee Holds Hearing on Business Activity Taxes" in TLJ Daily E-Mail Alert No. 899, May 17, 2004.

107th Congress: HR 2526, the "Internet Tax Fairness Act of 2001". That bill addressed both internet taxes and business activity taxes. The HJC's Subcommittee on Commercial and Administrative Law amended and approved that bill in 2002. However, there was no further action. See also, stories titled "Goodlatte and Boucher Introduce Net Tax Moratorium Bill" in TLJ Daily E-Mail Alert No. 229, July 18, 2001, and "House Subcommittee Approves Bill to Limit Business Activity Taxes" in TLJ Daily E-Mail Alert No. 471, July 17, 2002.

7/18. The Senate confirmed Paul Oetken to be a Judge of the U.S. District Court for the Southern District of New York by a vote of 80-13. See, Roll Call No. 112. All 13 no votes were cast by Republicans. 6 of the 7 who did not vote are Republicans. Oetken has been an in house counsel for Cablevision System Corporation.

7/15. Rep. Dale Kildee (D-MI) announced that he will not run for re-election to the House of Representatives. He will have served for 36 years in the House. See, President Obama's statement.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule for week of July 18.

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 at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider HR 2560 [LOC | WW], the "Cut, Cap, and Balance Act of 2011", the House Republican budget proposal. See, Rep. Cantor's schedule for week of July 18.

The Senate will meet at 10:00 AM.

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.

4:00 - 6:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol 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 week of July 18.

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.

10:15 AM. Day one of a two day meeting of the House Judiciary Committee (HJC) to mark up bills. The sixth of seven items on the agenda is HR 2552 [LOC | WW], the "Identity Theft Improvement Act of 2011". The seventh of seven items is HR 1981 [LOC | WW], the "Protecting Children From Internet Pornographers Act of 2011", a bill to mandate data retention. See, stories titled "House Crime Subcommittee Holds Hearing on Data Retention Bill", "Summary of HR 1981, Data Retention Bill", and "Summary of Existing Data Retention Mandates" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011. See, notice. Location: Room 2141, Rayburn Building.

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.

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 week of July 18.

10:00 AM. Day two of a two day meeting of the House Judiciary Committee (HJC) to mark up bills. The sixth of seven items on the agenda is HR 2552 [LOC | WW], the "Identity Theft Improvement Act of 2011". The seventh of seven items is HR 1981 [LOC | WW], the "Protecting Children From Internet Pornographers Act of 2011", a bill to mandate data retention. See, stories titled "House Crime Subcommittee Holds Hearing on Data Retention Bill", "Summary of HR 1981, Data Retention Bill", and "Summary of Existing Data Retention Mandates" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up HR 2096 [LOC | WW], the "Cybersecurity Enhancement Act of 2011". See, notice. Location: Room 2318, Rayburn 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), 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.

The House may meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule for week of July 18.

Day two day event hosted by the Minority Media and Telecom Council (MMTC) titled "25th Anniversary Access to Capital and Telecom Policy Conference". See, conference web site. Location: Westin Georgetown Hotel, 2350 M St.,  NW..

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its 4th Further Notice of Proposed Rulemaking (NPRM) [16 pages in PDF] regarding out of band emission limits for mobile Broadband Radio Service (BRS) and Educational Broadband Service (EBS) devices operating in the 2496-2690 MHz band. This item is FCC 11-81 in WT Docket No. 03-66 and RM-11614. The FCC adopted this FNPRM on May 24, 2011, and released the text on May 27, 2011. See, notice in the Federal Register, Vol. 76, No. 109, Tuesday, June 7, 2011, at Pages 32901-32906.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host a lecture by John Reynolds (Biola University) titled "Facebook Friends and Socialism: How Social Media Shapes Community". The HF will webcast this event. This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

EXTENDED FROM JUNE 24. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

EXTENDED TO AUGUST 24. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [6 pages in PDF] regarding the economic impact of low power FM stations on full service commercial FM stations. The FCC released this PN on May 10, 2011. It is DA 11-756 in MB Docket No. 11-83. See also, notice in the Federal Register, Vol. 76, No. 97, Thursday, May 19, 2011, at Pages 28983-28986, and story titled "FCC Seeks Comments on Economic Impact of LPFM on Commercial FM" in TLJ Daily E-Mail Alert No. 2,244, May 18, 2011.

On July 8, 2001, the National Telecommunications and Information Administration (NTIA) announced that it will host a three day event titled "12th Annual International Symposium on Advanced Radio Technologies" or ISART on July 27-29, 2011 in Boulder, Colorado. See, notice.

On July 1, 2011, the National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register announcing that its Commerce Spectrum Management Advisory Committee will meet on July 27, 2011, at 1:00 - 4:00 PM Mountain Time, at the Institute for Telecommunication Sciences, Conference Room 1107, 325 Broadway, Boulder, Colorado. See, Federal Register, Vol. 76, No. 127, Friday, July 1, 2011, at Pages 38638-38639.

On June 7, 2011, the National Coordination Office (NCO) for Networking and Information Technology Research and Development (NITRD) published a notice in the Federal Register that announces that its will host a webcast one day workshop in Boulder, Colorado on July 26, 2011, titled "Toward Innovative Spectrum-Sharing Technologies". The event will be held from 8:30 AM to 5:00 PM Mountain Time, at the Department of Commerce's (DOC) Boulder Labs, 325 Broadway, Building 1 Lobby, Boulder, Colorado. See, Federal Register, Vol. 76, No. 109, Tuesday, June 7, 2011, at Page 32993.

7/13. The Copyright Office (CO) published a notice in the Federal Register in which it announced that it has amended its regulations by removing Part 251 regarding "Copyright Arbitration Royalty Panel Rules of Procedure". The CO explained that "In 2004, Congress replaced the Copyright Arbitration Royalty Panels with three Copyright Royalty Judges who operate under separate regulations." This removal is effective July 13, 2011. See, Federal Register, Vol. 76, No. 134, July 13, 2011, at Page 41075.

7/13. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft NIST IR-7802 [25 pages in PDF] titled "Trust Model for Security Automation Data 1.0". The deadline to submit comments is August 1, 2011.

7/12. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) releasd its draft SP 800-126 Rev. 2 [51 pages in PDF] titled "The Technical Specification for the Security Content Automation Protocol (SCAP): SCAP Version 1.2". The deadline to submit comments is August 1, 2011.

7/12. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-56 C [17 pages in PDF] titled "Recommendation for Key Derivation through Extraction-then-Expansion". The deadline to submit comments is August 11, 2011.

7/11. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) adopted and released an Order [14 pages in PDF] expanding the FCC's e-rate subsidy program for schools and libraries to cover "off-premises wireless access to the Internet". It is FCC 11-1181 in WC Docket No. 10-222.

7/6. The U.S. China Economic and Security Review Commission released a transcript of it May 4, 2011, hearing titled "China's Intellectual Property Rights and Indigenous Innovation Policy".

6/28. The Department of Agriculture's (DOA) Rural Utilities Service (RUS) published a notice in the Federal Register that announces the availability of $325,663,157 in loan funds for the Rural Broadband Access Loans and Loan Guarantees Program for fiscal year 2011. It adds that applications under this notice of funds availability (NOFA) "will be accepted immediately". See, Federal Register, Vol. 76, No. 124, Tuesday, June 28, 2011, at Page 37779. The DOA previously published a notice in the Federal Register containing a notice of solicitation of applications (NOSA) prior to the passage of a final appropriations bill identifying a definite funding amount. See, Federal Register, March 14, 2011, Vol. 76, No. 49, at Page 13797.

6/28. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-63 Revision 1 [110 pages in PDF] titled "Electronic Authentication Guideline". The deadline to submit comments is July 29, 2011.

6/27. The Federal Trade Commission (FTC) published a notice in the Federal Register requesting comments regarding the proposed self-regulatory guidelines submitted to the FTC by Aristotle International, Inc. under the safe harbor provision of the Children's Online Privacy Protection Act (COPPA) Rule. The deadline to submit comments to the FTC is August 8, 2011. See, Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37290-37291.

6/20. The Federal Communications Commission (FCC) published a notice in the Federal Register that sets comment deadlines for 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. The deadline to submit initial comments is July 20, 2011. The deadline to submit reply comments is August 4, 2011. See, Federal Register, Vol. 76, No. 118, Monday, June 20, 2011, at Pages 35810-35831.

6/8. President Obama signed into law HR 754, the "Intelligence Authorization Act for Fiscal Year 2011". See, White House news office release.

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