8/10. The Wall Street Journal (WSJ) published a story on August 10, 2011, titled "FTC Sharpens Google Probe" by Thomas Catan and Amir Efrati.

Google disclosed on June 24, 2011, that it is being investigated by the Federal Trade Commission (FTC). However, it did not elaborate on the nature of the investigation, or release copies of any FTC documents. See, story titled "FTC Investigates Google" in TLJ Daily -Mail Alert No. 2,252, June 30, 2011.

The WSJ story states that the FTC and states "have been asking whether Google prevents smartphone manufacturers that use its Android operating system from using competitors' services".

The FTC and states have also asked "whether Google grants preferential placement on its website to its own products, such as Google's ``Places´´ business listings, its ``Shopping results´´ and Google Finance services above most other results".

The FTC and states have also asked whether "Google unfairly takes information collected by rivals, such as reviews of local businesses, to use on its own specialized site and then demotes the rivals' services in its search results", the WSJ article states.

8/10. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech in Philadelphia, Pennsylvania, to the Association of Public Safety Communications Officials (APCO) about Next Generation 911 (NG911).

The FCC issued a Notice of Inquiry (NOI) last December. Genachowski said the the FCC will consider an Notice of Proposed Rulemaking (NPRM) in September.

"Our 9-1-1 call centers still can't handle texts or pictures or video being sent by the phones that everyone has", said Genachowski (at left). "But with new technology, we can do better. And we must do better to meet our collective mission and serve the public."

He said that the forthcoming NG911 will enable "consumers to use whatever communications devices they have with them", and to communicate in more media, including "photos, video, and data".

But, "Getting NG9-1-1 up and running is going to take a lot of work on the part of a lot of people. It will require 9-1-1 authorities and service providers to work in parallel and take coordinated actions. Without a comprehensive and coordinated strategy, we'll see a patchwork deployment of NG9-1-1 over the next 5 to 10 years, with much of the United States still without any NG9-1-1 capability at the end of that period."

See also, Genachowski's November 23, 2010, speech [PDF] titled "Next-Generation 9-1-1", and story titled "Genachowski Says December Agenda to Include Next Generation 911 Item" in TLJ Daily E-Mail Alert No. 2,164, November 24, 2011.

The FCC adopted a NG911 Notice of Inquiry (NOI) [36 pages in PDF] on December 21, 2010. It is FCC 10-200 in PS Docket No. 10-255.

Genachowski announced in this speech that "Next month, the Commission will consider a Notice of Proposed Rulemaking to accelerate NG9-1-1 adoption."

He also said that "Last month, the FCC also strengthened our existing Enhanced 9-1-1 location accuracy rules, by requiring all wireless carriers to meet more stringent metrics. As you know, more and more 9-1-1 calls are mobile today -- about 50% -- but the location information you receive for mobile is not nearly as good as what you receive for a landline 9-1-1 call."

See, item [77 pages in PDF] titled "Notice of Proposed Rulemaking, Third Report and Order, and Second Further Notice of Proposed Rulemaking". It is FCC 11-107 in PS Docket No. 07-114 and WC Docket No. 05-196. See also, story titled "FCC Adopts Wireless Location Surveillance Order and NPRM" in TLJ Daily E-Mail Alert No. 2,262, July 18, 2011.

The NG911 NOI adopted last December also pertains to location detection. That is, if the FCC were to expand 911 communications capability requirements to more devices and services, this would entail mandating location detection for these devices and services.

Genachowski said in his speech in Philadelphia that "we need to develop location accuracy mechanisms for NG9-1-1".

Similarly, the FCC's December 2010 NOI asked "How can stationary, nomadic, and mobile end systems in wireline and non-cellular wireless networks (including Wi-Fi) reliably discover their location information to ensure call routing and dispatch? What, if any, obligations need to be imposed on Internet service providers, residential and enterprise equipment vendors, and other parties to ensure that location information can be discovered, conveyed, and validated?" (Parentheses in original.)

Genachowski spoke in Philadelphia about improving 911 communications. When he speaks about location accuracy, he speaks about improving 911 communications.

He does not address the other policy objections of these proceedings, such as ensuring that law enforcement and intelligence agencies are able to discover and track the location of persons under surveillance, and enabling private sector location based services and marketing in these new devices and services.

The Chairman also said that "we need to complete the implementation of NG9-1-1 technical standards that define the system architecture -- the hardware and software that carriers and PSAPs will use to communicate NG9-1-1 information seamlessly".

In addition, "we need to develop a NG9-1-1 governance framework", and a way to fund NG911.

He mentioned the problem that some states impose 911 taxes, and then spend 911 revenues on other programs. See, story titled "FCC Reports that States Divert 911/E911 Fees to Subsidize other Programs" in TLJ Daily E-Mail Alert No. 2,126, August 19, 2010.

He also addressed the debate in the Congress regarding creating a nationwide interoperable broadband network for public safety, voluntary incentive auctions.

8/8. Cary Sherman was named Chairman and CEO of the Recording Industry Association of America (RIAA) effective September 1, 2011. See, RIAA release.

He replaces Mitch Bainwol, who left the RIAA to become CEO of the Alliance of Automobile Manufacturers.

Sherman joined the RIAA as General Counsel in 1997. He has been President since 2001. Before that worked for the law firm of Arnold & Porter.

James Assey, EVP of the National Cable and Telecommunications Association (NCTA), stated in a release that "We've enjoyed a long and productive relationship with Cary. He has a strong and collaborative leadership style and has been a great partner with us in working on a variety of public policy issues. Cary's guidance and expertise have been key in helping improve the environment for recording industry companies in recent years."

In addition, Mitch Glazier was named President of the RIAA. He has been head government relations for the RIAA for eleven years.

Before that he Chief Counsel for the House Judiciary Committee's (HJC) Subcommittee on Courts and Intellectual Property from 1995 through 2000, when former Rep. Henry Hyde (R-IL) was Chairman of the HJC.

The RIAA stated in its release that Glazier "will continue to lead the RIAA's activities on Capitol Hill and assume broader responsibilities as well".

8/9. Christopher Ornelas was promoted to Chief Operating Officer of the National Association of Broadcasters (NAB). See, NAB release. Ornelas previously worked for former Sen. Gordon Smith (R-OR), who is now head of the NAB, as chief counsel on communications and technology policy. Before that, he worked in the Washington DC office of the law firm of Wilkinson Barker Knauer.

8/9. Joy Whitlow was promoted to Chief Financial Officer and Executive Vice President, NAB Finance at the National Association of Broadcasters (NAB). See, NAB release. Whitlow, a CPA, joined the NAB in 2009.

8/8. Albert Foer, head of the American Antitrust Institute (AAI), wrote an opinion piece titled "Antitrust Continuity in a Recession" in which he urged President Obama to promptly appoint a replacement for Christine Varney, who was the Assistant Attorney General (AAG) in charge of the Department of Justice's (DOJ) Antitrust Division until earlier this month. He wrote that "The job should be filled soon on a permanent basis and not be left to an acting head until the next Administration takes office." He also wrote that "Some question whether aggressive enforcement of the antitrust laws is a good idea when the economy is currently so troubled. In fact, when an economy is not doing well, this is the time that vigorous antitrust enforcement is most needed." Sharis Pozen is the acting AAG. See, story titled "Sharis Pozen Named Acting Head of Antitrust Division" in TLJ Daily E-Mail Alert No. 2,281, August 6, 2011, and story titled "Varney to Leave Antitrust Division" in TLJ Daily E-Mail Alert No. 2,255, July 11, 2011

8/9. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register (FR) that requests comments regarding the paperwork burden of its use of Public Key Infrastructure (PKI) technology to support electronic commerce between the USPTO and its customers. See, FR, Vol. 76, No. 153, Tuesday, August 9, 2011, at Pages 48807-48808. The deadline to submit comments is October 11, 2011.

8/9. The Executive Office of the President's (EOP) Office of Management and Budget (OMB) published a notice in the Federal Register (FR) that requests comments regarding efforts to eliminate counterfeit products from the U.S. government supply chain. See, FR, Vol. 76, No. 153, Tuesday, August 9, 2011, at Pages 48905-48907. The deadline to submit comments is 5:00 PM on Friday, September 16, 2011.

8/3. The Federal Communications Commission (FCC) issued a Public Notice that requests comments regarding certain universal service and intercarrier compensation reform issues. The FCC released this item on August 3, 2011. It is DA 11-1348 in WC Docket Nos. 10-90, 07-135, 05-337, and 03-109, CC Docket Nos. 01-92 and 96-45, and GN Docket No. 09-51. See also, notice in the Federal Register, Vol. 76, No. 154, Wednesday, August 10, 2011, at Pages 49401-49408. The deadline to submit initial comments is August 24, 2011. The deadline to submit reply comments is August 31, 2011.

The House will not meet. It is in recess until 2:00 PM on September 7. However, it will hold pro forma sessions twice per week until then.

The Senate will not meet. It is in recess until 2:00 PM on September 6. However, it will hold pro forma sessions twice per week until then.

10:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 76, No. 146, Friday, July 29, 2011, at Page 45508. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [15 pages in PDF] regarding whether to make the grandfathered providers permanently eligible for universal service subsidies under the FCC's rural health care program. The FCC adopted this NPRM on June 20, 2011, and released the text on June 21, 2011. It is FCC 11-101 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37307-37309.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-56 C [17 pages in PDF] titled "Recommendation for Key Derivation through Extraction-then-Expansion".

The House will meet in pro forma session at 10:00 AM.

The Senate will meet in pro forma session at 12:00 NOON.

10:30 AM - 3:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC). See, notice in the Federal Register, Vol. 76, No. 153, Tuesday, August 9, 2011, at Pages 48861-48862. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 4:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Summer Rooftop BBQ and Pool Party". The price to attend is $15. For more information, contact Justin Faulb at faulb at lojlaw dot com or Brendan Carr at BCarr at wileyrein dot com.

11:00 AM - 12:30 PM. The Heritage Foundation (HF) will host a panel discussion titled "National EMP Recognition Day: The Threat That Can't Be Ingnored". The speakers will be Rep. Roscoe Bartlett (R-MD), Peter Pry (EMPact America), Frank Gafney (Center for Security Studies), Drew Miller, and James Carafano (HF). This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the report submitted to the FCC on June 30, 2011, by the technical working group co-chaired by LightSquared and the U.S. Global Positioning System Industry Council (USGIC). See, FCC International Bureau's (IB) order dated June 30, 2011. It is DA 11-1133 in DA 11-1133. See also report, part 1, part 2, part 3, part 4, part 5, part 6, and part 7.

EXTENDED FROM AUGUST 8. Extended deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice in the Federal Register 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. See, Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37290-37291. See, notice of extension.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7275 Rev. 4 [77 pages in PDF] titled "Specification for the Extensible Configuration Checklist Description Format (XCCDF) Version 1.2".

The House will meet in pro forma session at 11:30 AM.

The Senate will meet in pro forma session at 11:00 AM.

12:30 - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Tax Aspects of Technology Transactions". The speakers will be Roger Royse (Royse Law Firm) and Kenneth Appleby (Foley & Lardner). Prices vary. CLE credits. See, notice.

TIME? The American Bar Association (ABA) will host a webcast panel discussion titled "LinkedIn for Lawyers".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [36 pages in PDF] regarding removing the International Settlements Policy (ISP) from all U.S. international routes except Cuba. The FCC adopted this NPRM on May 12, 2011, and released the text on May 13, 2011. This item is FCC 11-75 in IB Docket No. 11-80. See, notice in the Federal Register, Vol. 76, No. 138, Tuesday, July 19, 2011, at Pages 42625-42631.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [82 pages in PDF] regarding reporting requirements for providers of international telecommunications services. The FCC adopted this NPRM on May 12, 2011, and released the text on May 13, 2011. This item is FCC 11-76 in IB Docket No. 04-112. See, notice in the Federal Register, Vol. 76, No. 138, Tuesday, July 19, 2011, at Pages 42613-42625.

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