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Thursday, September 1, 2011, Alert No. 2,299.
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FCC Announces Agenda for September 22 Meeting

9/1. The Federal Communications Commission (FCC) announced the agenda for its September 22, 2011, event titled "Open Meeting". The Commission is scheduled to adopt only one item -- an NG911 NPRM.

The FCC is scheduled to adopt a notice of proposed rulemaking (NPRM) regarding "Next Generation 911" or "NG911". The FCC adopted a Notice of Inquiry (NOI) [36 pages in PDF] on this topic on December 21, 2010. It is FCC 10-200 in PS Docket No. 10-255. See, story titled "Genachowski Addresses NG911" in TLJ Daily E-Mail Alert No. 2,286, August 11, 2011.

There will also be a presentation with recommendations by staff of the FCC's Public Safety and Homeland Security Bureau (PSHSB) on "the use of deployable aerial communications architecture to facilitate the ability of first responders to communicate with each other and consumers to reach first responders in the wake of natural and manmade disasters, even in situations where there is severe damage to terrestrial communications infrastructure."

This event is scheduled for 10:45 AM on September 22, 2011, in the FCC's Commission Meeting Room, Room TW-C305, 445 12th Street, SW.

Senate Judiciary Committee to Take Up Data Privacy, Security and Breach Bills

9/1. The Senate Judiciary Committee (SJC) released an updated and expanded agenda for its executive business meeting of September 8, 2011. The SJC added two bills: S 1151 [LOC | WW], the "Personal Data Privacy and Security Act of 2011", and S 1408 [LOC | WW], the "Data Breach Notification Act".

Sen. Patrick Leahy (D-VT) introduced S 1151 on June 7, 2011. It would create a federal data broker regulation regime, and a data security regime. It would create a federal data breach notification regime, and criminalize certain acts of failure to disclose data breaches. It would also amend the Computer Fraud and Abuse Act (CFAA), which is codified at 18 U.S.C. § 1030, to include conspiracy.

Sen. Dianne Feinstein (D-CA) introduced S 1408 on July 22, 2011. See, story titled "Sen. Feinstein Introduces Data Breach Notification Act" in TLJ Daily E-Mail Alert No. 2,269, July 25, 2011.

On July 20, 2011, the House Commerce Committee's (HCC) Subcommittee on Subcommittee on Commerce, Manufacturing, and Trade amended and approved HR 2577 [LOC | WW], the "Secure and Fortify Electronic (SAFE) Data Act of 2011". That bill would create both a federal data security regime, and a federal data breach notification regime. See, story titled "House Commerce Subcommittee Approves SAFE Data Act" in TLJ Daily E-Mail Alert No. 2,267, July 23, 2011.

The SJC also added consideration of several more judicial nominees to the agenda for its September 8 meeting, including several for District Courts that are frequently fora for technology related litigation: the Southern District of New York, Eastern District of Texas and the District of Delaware.

The SJC usually holds executive business meetings once per week, usually on Thursday morning, when the Senate is in session. The SJC rules allow members to delay consideration of bills for one week. It is common for bills on the SJC agenda to be held over for many weeks before the SJC considers them.

Congressional Reaction to DOJ Action to Block AT&T Acquisition of T-Mobile USA

9/1. Congressional reaction to the Department of Justice's (DOJ) lawsuit to block AT&T's acquisition of T-Mobile USA broke down along party lines. It also mirrored statements made prior to the filing of the lawsuit. Many Democrats oppose the merger and support the DOJ action.

Several Democrats on the Senate Judiciary Committee (SJC) and House Judiciary Committee (HJC), which oversee the DOJ and its Antitrust Division, praised the DOJ. Judiciary Committee Republicans criticized the DOJ action.

Sen. Al Franken (D-MN) stated in a release that "I've heard from families across Minnesota that cell phone expenses are an ever-rising percentage of their bills each month, and this merger could make wireless bills increase by as much as 25 percent -- a burden families certainly don't need in this tough economy. This merger would also hurt competition and concentrate enormous power in the hands of just two companies -- AT&T and Verizon -- who would control more than 80 percent of the wireless market. I'm glad the Justice Department recognizes that this merger would hurt consumers and I hope that the court will agree and block it from moving forward."

Sen. Al FrankenSen. Franken (at left) has submitted letters to the DOJ and FCC expressing and explaining his opposition to regulatory approval of this merger. See for example, story titled "Sen. Franken Urges DOJ and FCC to Reject AT&T T-Mobile Merger" in TLJ Daily E-Mail Alert No 2,271, July 27, 2011.

Sen. Herb Kohl (D-WI), Chairman of the SJC's Subcommittee on Antitrust, Competition Policy and Consumer Rights, stated in a release that "We applaud the Justice Department for their action to protect consumers in a powerful and growing industry that reaches virtually every American. Preserving choices means ensuring competition, and competition ultimately benefits consumers."

In contrast, Sen. Mike Lee (R-UT), the ranking Republican on the Subcommittee, stated in a release that "I am disappointed in the Justice Department's decision to seek to block the proposed merger between AT&T and T-Mobile."

Rep. Mike LeeSen. Lee (at right) said that "The Senate Antitrust Subcommittee received significant evidence that the transaction could benefit consumers through enhanced service quality, expanded network capacity, increased data speeds, and continued innovation of data-rich handset devices and applications. I look forward to reviewing the Department's analysis and trust that the merger review process will be directed towards maximization of consumer welfare."

Sen. Richard Blumenthal (D-CT), another member of the SJC, stated in a release that "Serious questions have been raised about the effect of the proposed AT&T and T-Mobile merger on competition, innovation, and consumer costs. Regardless of the potential benefits of this deal, the Justice Department’s action today reflects that agency's considered judgment that this merger would ultimately harm consumers and violate U.S. antitrust law. I support the agency's efforts to protect consumers and urge the Federal Communications Commission, whose Chairman has said that the proposal raises serious concerns about competition, to conclude its review of this transaction quickly."

Rep. John Conyers (D-MI), the ranking Democrat on the House Judiciary Committee (HJC), stated in a release that the filing of a lawsuit by the DOJ "marks a win for consumers". He continued that the DOJ "has stood up for competition and fairness. As Americans struggle in today’s economy, the Department took an important step to ensure that consumers have continued access to affordable mobile services and new technologies. The action will protect American consumers and American jobs, the very purpose of our antitrust laws."

Fewer members of the Senate Commerce Committee (SCC) and House Commerce Committee (HCC) publicly addressed the DOJ action. These Committees oversee the Federal Communications Commission (FCC), which has not yet completed its antitrust merger review of the transaction.

Rep. Anna Eshoo (D-CA), the ranking Democrat on the HCC's Subcommittee on Communications and Technology, stated in a release that "Vigorous competition is a hallmark of the American economy benefitting innovation, benefitting businesses and benefitting consumers. The Department of Justice's decision today to block the merger of AT&T and T-Mobile based on antitrust concerns reflects my own views of the need for true competition and value to consumers."

Similarly, Rep. Ed Markey (D-MA), a senior member of the HCC, stated in a release that the DOJ action "is a victory for competition, consumers and choice. We should be protecting American consumers holding their cell phones, not just telecommunications titans holding stock in the companies. The merger would reduce the number of national wireless companies from four down to three, sending the mobile marketplace into a telecommunications time machine back to 1993. That would be an historic mistake."

More Reaction to DOJ Action to Block AT&T Acquisition of T-Mobile USA

9/1. The Department of Justice's (DOJ) Antitrust Division filed a complaint [25 pages in PDF] on August 31, 2011, in the U.S. District Court (DC) against AT&T, T-Mobile USA and Deutsche Telekom that seeks an injunction against AT&T's acquisition of T-Mobile USA on the grounds that it would would substantially lessen competition in violation of Section 7 of the Clayton Act, which is codified at 15 U.S.C. § 18. See also, DOJ release and story titled "DOJ Files Complaint to Block AT&T Acquisition of T-Mobile USA" in TLJ Daily E-Mail Alert No. 2,298, August 31, 2011.

Reaction of Wireless Companies. Wayne Watts, General Counsel of AT&T, stated in a release that "we intend to vigorously contest this matter in court".

AT&T stated in another release that "after closing its proposed merger with T-Mobile USA, it will bring back 5,000 wireless call center jobs to the United States that today are outsourced to other countries". AT&T added that "the merger will not result in any job losses for U.S.-based wireless call center employees of T-Mobile USA or AT&T, who are on the payroll when the merger closes".

On August 31, Vonya McCann, Sprint's SVP of Government Affairs, stated in a release that "The DOJ today delivered a decisive victory for consumers, competition and our country. By filing suit to block AT&T’s proposed takeover of T-Mobile, the DOJ has put consumers' interests first."

McCann continud that "Sprint applauds the DOJ for conducting a careful and thorough review and for reaching a just decision -- one which will ensure that consumers continue to reap the benefits of a competitive U.S. wireless industry. Contrary to AT&T's assertions, today’s action will preserve American jobs, strengthen the American economy, and encourage innovation."

Groups that Support the DOJ Action. Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "We are pleased, but not surprised. From the outset, it was clear that this merger was anticompetitive. This was a slam-dunk decision for the DOJ, as this was a textbook case of a blatantly anticompetitive horizontal merger. We are grateful that the Justice Department ignored AT&T's unprecedented political pressure and made its decision based on the clear facts gleaned from its thorough investigation. This is exactly what a well functioning antitrust authority is meant to do -- prevent dangerous concentration of power and protect consumers".

He added that "This merger would be disastrous for consumers, innovation, jobs, the Internet ecosystem and our economy in general."

Benjamin Lennett of the New America Foundation (NAF) commended the DOJ in a release. He wrote that the merger would "inevitably lead to higher prices and less choice for consumers while costing thousands of jobs at a time when the nation's economy can least afford it. No amount of funny math and last minute, hollow jobs promises from AT&T can obscure the basic fact that this deal would create an unprecedented level of market consolidation and harm consumers and innovation. We encourage the FCC to follow DOJ's lead and reject the merger."

Bert Foer, head of the American Antitrust Institute (AAI), stated in a release that "We are delighted that the Administration is committed to the vigorous use of antitrust even at a time of economic difficulties. Mergers of giant corporations generally do not increase employment or growth". He added that  "consumers of mobile wireless telecommunications services, as well as businesses that buy wireless services for their employees’ use, would be harmed by this mega-merger in the wireless industry."

The Consumers Union (CU), Public Knowledge (PK), Free Press (FP), Media Access Project (MAP), and other interest groups that oppose regulatory approval of this merger, held a teleconferenced news conference on August 31 to praise the DOJ's action. See also, CU release, FP release, and MAP release.

One of the DOJ attorneys whose name appears on the complaint if Gene Kimmelman. Prior to his appointment to the DOJ's Antitrust Division early in the Obama administration, he was a long time leader of the Consumers Union. He is now the Antitrust Division's Chief Counsel for Competition Policy and Intergovernmental Relations.

Some at this news conference also urged the FCC to act to block the merger. And, Harold Feld (PK) wrote in a release issued on the morning of the news conference that "FCC should ... reject the merger". However, at the afternoon news conference, he suggested, and predicted, the setting of the matter on for administrative hearing. He called this a "kiss of death", and a process that would delay FCC disposition until after the matter is moot. Then, on September 1, he sent a letter to the FCC urging it to "immediately deny the companies' application to transfer control of licenses and authorizations".

Groups that Oppose the DOJ Action. Berin Szoka of the TechFreedom (TF) stated in a release that "The DOJ has missed the forest for the trees. Neither company has the spectrum to offer a viable 4G LTE service. Only by combining their spectrum can the two companies compete effectively with Verizon's LTE service. Such services could also compete with traditional ISPs who provide home broadband access."

He added that "The real problem here is outdated central planning of spectrum. This merger was in part an attempt to overcome government mismanagement of the most vital resource of the digital economy. By blocking the deal, the DOJ is compounding harmful government meddling in the digital economy."

Larry Downes of the TechFreedom stated in this release that "The Justice Department's decision is surprising and disappointing. The Department's sensible merger guidelines, had they been applied, would have found the deal a great benefit to consumers at the local level, where mobile services are bought and used. The Department has instead untethered itself from rational analysis, inviting more delay and the potential to interrupt the mobile revolution, one of the few bright spots in the economy. Those hoping for real competition in the critical 4G LTE market will have to wait.

Ryan Radia of the Competitive Enterprise Institute (CEI) stated in a release that this "lawsuit amounts to a subversion of the evolution of free enterprise and economic progress. Federal regulators and their arbitrary “merger guidelines” are woefully ill-equipped to judge the merits of proposed business deals, particularly in dynamic modern markets such as the wireless sector."

He added that this "suit is also further evidence of this administration’s antipathy toward the job-creating sector. AT&T’s acquisition of T-Mobile has the potential to create hundreds of thousands of new jobs by accelerating the rollout of advanced wireless networks nationwide".

People and Appointments

8/31. U.S. Trade Representative (USTR) Ron Kirk nominated Thomas Graham and John Greenwald to be members of the World Trade Organization's (WTO) Appellate Body. See, OUSTR release.

More News

8/31. The Wall Street Journal published a story titled "U.S. Probes Oracle Dealings". The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) are investigating possible violations of the Foreign Corrupt Practices Act (FCPA), which is codified at 15 U.S.C. §§ 78dd-1, et seq., in connection with Oracle's dealings with governments in Africa.

8/31. In July the Senate Judiciary Committee (SJC) announced that its Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on September 21, 2011, titled "The Power of Google: Serving Consumers or Threatening Competition". The SJC has not yet released a witness list. On August 31, John Simpson of Consumer Watchdog sent a letter to Sen. Herb Kohl (D-WI) and Sen. Mike Lee (R-UT), the Chairman and ranking Republican of the Subcommittee, urging them "to call Google CEO Larry Page to testify", because of "Recent revelations that Page knew of and condoned Google's criminal violation of laws prohibiting the importation of drugs to U.S. consumers by Canadian pharmacies". Simpson wrote that this "raises real questions about how seriously Google and its executives take other legal responsibilities, including "competition and antitrust law". Simpson also asked the SJC to subpoena "emails and documents" from the Department of Justice's (DOJ) file on its investigation of Google's drug import advertising.

In This Issue
This issue contains the following items:
 • FCC Announces Agenda for September 22 Meeting
 • Senate Judiciary Committee to Take Up Data Privacy, Security and Breach Bills
 • Congressional Reaction to DOJ Action to Block AT&T Acquisition of T-Mobile USA
 • More Reaction to DOJ Action to Block AT&T Acquisition of T-Mobile USA
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Thursday, September 1

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 - 2:30 PM. The American Constitution Society for Law and Policy will host an event titled "Legal Policy Shifts Since 9/11". At 10:00 - 11:30 AM there will be a panel titled "Surveillance". The speakers will be Kenneth Wainstein (O’Melveny & Myers, and former head of the DOJ's National Security Division), Jeffrey Rosen (George Washington University law school), Michael German (ACLU), Deepa Iyer (South Asian Americans Leading Together), Gregory Nojeim (Center for Democracy and Technology), and Suzanne Spaulding (Bingham Consulting Group). William Lietzau (Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy) will be the lunch speaker. At 1:00 - 2:30 PM there will be a second panel. The speakers will be Charlie Savage (New York Times), David Cole (Georgetown University Law Center), Richard Klingler (Sidley Austin), Wendy Patten (Open Society Foundations), Deborah Pearlstein (Princeton University), Geoffrey Stone (University of Chicago Law School). Location: National Press Club, 13th floor, 529 14th St., NW.

12:00 NOON - 1:00 PM. Shannon Rossmiller, an independent online terrorism investigator, will give a speech. See, notice. Location: Heritage Foundation, 214 Massachusetts Ave., NE.

Deadline to submit Form 477 to the Federal Communications Commission (FCC).

Friday, September 2

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

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

Deadline to submit reply 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 reply 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) seeking further comments in response to its Notice of Proposed Rulemaking (NPRM) regarding its Lifeline and Link Up Universal Service programs. The FCC released this PN on August 5, 2011. It is DA 11-1346 in WC Docket Nos. 03-109 and 11-42, and CC Docket No. 96-45. The FCC adopted this NPRM on March 3, 2011, and released it on March 4. It is FCC 11-32. See also, notice in the Federal Register, Vol. 76, No. 159, Wednesday, August 17, 2011, at Pages 50969-50971.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-53 Appendix J [24 pages in PDF] titled "Privacy Control Catalog".

Monday, September 5

Labor Day. This is a federal holiday. See, OPM list of 2011 federal holidays.

Tuesday, September 6

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

The Senate will meet 2:00 PM. It is scheduled to begin consideration of cloture on the motion to proceed to HR 1249 [LOC | WW], the "American Invents Act", the House version of the patent reform bill, and to consider the nomination of Bouie Donald to be a Judge of the U.S. Court of Appeals (6thCir). See, story titled "Senate to Take Up House Patent Bill in September" in TLJ Daily E-Mail Alert No. 2,279, August 4, 2011.

2:00 - 2:15 PM. The American Bar Association (ABA) will host a Training Tuesday webcast event titled "Sync Outlook contacts with Google". See, notice. Free.

3:00 PM. The Senate Appropriations Committee's (SAC) Subcommittee on Homeland Security will meet to mark up the FY 2012 Department of Homeland Security (DHS) appropriations bill. Location: Room 138, Dirksen Building.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding information collection under its Patent Prosecution Highway (PPH) pilot program. See, notice in the Federal Register, Vol. 76, No. 131, Friday, July 8, 2011, at Pages 40339-40341.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding the USPTO portions of the DOC's document titled "Preliminary Plan for Retrospective Analysis of Existing Rules", which it prepared in response to President Obama's January 18, 2011, Executive Order 13563 titled "Improving Regulation and Regulatory Review". See, notice in the Federal Register, Vol. 76, No. 130, Thursday, July 7, 2011, at Pages 39796-39797. See also, the USPTO's web page titled "Look Back Plan: Plan for Retrospective Analysis of Existing Regulations".

Deadline to submit initial comments in response to the Federal Communications Commission (FCC) in response to its notice of inquiry [19 pages in PDF] titled "Eighth Broadband Progress Notice and Inquiry". This is a Section 706 NOI concerning the availability of advanced telecommunications capability. The FCC adopted and released this NOI on August 5, 2011. It is FCC 11-124 in GN Docket No. 11-121. See also, story titled "FCC Releases NOI for 8th Section 706 Report" in TLJ Daily E-Mail Alert No. 2,283, August 8, 2011.

EXTENDED FROM AUGUST 31. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice 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, notice in the Federal Register, Vol. 76, No. 154, Wednesday, August 10, 2011, at Pages 49401-49408. See also, August 29, 2011 order extending deadline.

Wednesday, September 7

The House will return from its August recess. It will meet at 2:00 PM.

8:30 AM. The Center for Democracy and Technology (CDT) will host an onsite and teleconferenced event to discuss the top ten issues on its Congressional agenda (PROTECT IP Act, consumer privacy, data retention bill, cyber security, ECPA reform, location privacy, CFAA amendments, data breach bills, HIPAA privacy rules, and internet neutrality). The call in number is 1-800-377-8846. The password is 92713123. Breakfast will be served. Location: CDT, 1634 Eye St., NW.

RESCHEDULED FROM AUGUST 3. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Cybercrime: Updating the Computer Fraud and Abuse Act to Protect Cyberspace and Combat Emerging Threats". The witnesses will be James Baker (DOJ's Associate Deputy Attorney General) and Pablo Martinez (U.S. Secret Service). See, notice. The SJC will webcast this event. Location Room 226, Dirksen Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing on several pending nominations, including Michael Punke (to be Deputy U.S. Trade Representative), Islam Siddiqui (to be Chief Agricultural Negotiator in the Office of the USTR), Paul Piquado (to be Assistant Secretary of Commerce in charge of the Import Administration), and David Johanson (to be a member of the U.S. International Trade Commission). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Hochstein v. Microsoft, App. Ct. No. 2010-1551. Location: Courtroom 201.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a telecast panel discussion titled "Has Twombly Been Over-Turned?: The 7th Circuit's Text Messaging Case". See, December 29, 2010 opinion in In Re Text Messaging Antitrust Litigation, 630 F.3d 622. The speakers will be Rex Heinke (Akin Gump), Chris Sager (Cleveland Marshall law school), Anant Raut (Pepper Hamilton), Kenneth Glazer (K&L Gates), and John Delacourt (Plasma Protein Therapeutics Association). See, notice.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host a brown bag lunch for planning purposes. For more information, contact Steve Sharkey at Steve dot Sharkey at T-Mobile dot com. Location: National Association of Broadcasters, 1771 N St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "An Update on the Law of Patent Infringement in the U.S.". The speakers will be former Judge Paul Michel, Ted Cruz (Morgan Lewis), Steven Sereboff (SoCal IP Law Group), and Meredith Addy (Steptoe & Johnson). Prices vary. CLE credits. See, notice.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". Location: Room 226, Dirksen Building.

3:00 PM. The Senate Appropriations Committee (SAC) will meet to mark up several bills, including the FY 2012 Department of Homeland Security (DHS) appropriations bill. Location: Room 106, Dirksen Building.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "How to Litigate a Patent Infringement Case 2011". The speaker will be Patrick Coyne (Finnegan Henderson). The price to attend ranges from $89 to $129. Reporters are barred from attending most DC Bar events. CLE credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Thursday, September 8

8:00 AM - 5:00 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) Panel of Judges of the Malcolm Baldrige National Quality Award will hold a closed meeting. See, notice in the Federal Register Vol. 76, No. 143, Tuesday, July 26, 2011, at Page 44577. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

9:30 AM - 3:00 PM. The Federal Communications Commission (FCC) will host a public workshop in connection with two broadband related proceeding in which the FCC seeks to expand old communications regulatory regimes into VOIP and broadband. See, FCC notice and story titled "FCC to Hold Workshop on Expanding Outage Reporting Requirements and Reliability Standards to Cover VOIP and Broadband" in TLJ Daily E-Mail Alert No. 2,294, August 26, 2011. Location: FCC, Commission Meeting Room.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "Empowering Consumers and Promoting Innovation through the Smart Grid". The witnesses will be George Arnold (NIST), Donna Nelson (Public Utility Commission of Texas) and John Caskey (National Electrical Manufacturers Association). See, notice. The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "The Attacks of September 11th: Where are We Today". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Morgan Christen (to be a Judge of the U.S. Court of Appeals for the 9th Circuit), and four District Court nominees: Yvonne Rogers ( USDC/NDCal), Richard Andrews (USDC/DDel), Scott Skavdahl (USDC/DWyo), and Sharon Gleason (USDC/DAk). The updated agenda adds Richard Andrews (USDC/DDel), Edgardo Ramos (USDC/SDNY), Andrew Carter (USDC/SDNY), Jesse Furman (USDC/SDNY), Rodney Gilstrap (USDC/EDTex), and Jennifer Zipps (USDC/DAriz). The updated agenda also includes consideration of S 1151 [LOC | WW], the "Personal Data Privacy and Security Act of 2011", and S 1408 [LOC | WW], the "Data Breach Notification". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:30 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Drafting Patents in a WYDIWYG World". The speakers will be Joseph Root (QualiPat), Charles Macedo (Amster Rothstein & Ebenstein), and James Singer (Pepper Hamilton). Prices vary. CLE credits. See, notice.

2:00 - 4:00 PM. The House Science Committee (HSC) will hold a hearing titled "Impacts of the LightSquared Network on Federal Science Activities". See, notice. Location: Room 2318, Rayburn Building.

2:00 - 3:15 PM. The President's National Security Telecommunications Advisory Committee will meet by teleconference. See, notice in the Federal Register, Vol. 76, No. 163, Tuesday, August 23, 2011, at Page 52672.

2:00 - 5:00 PM. The Federal Chief Information Officers Council will hold a hearing, online and by telephone, regarding access by persons with disabilities to information technologies used by government. See, notice in the Federal Register, Vol. 76, No. 160, Thursday, August 18, 2011, at Pages 51345-51346. See also, Section 508 of the Rehabilitation Act, which is codified at 29 U.S.C. § 794d.

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

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