1/13. Rep. Fred Upton (R-MI), Chairman of the House Commerce Committee (HCC), released a statement in which he criticized Federal Communications Commission (FCC) Chairman Julius Genachowski's January 11, 2012 speech in Las Vegas on pending legislation regarding incentive auctions and the D block.

See, stories titled "Genachowski Addresses Incentive Auctions and Unlicensed Spectrum", "Four Senators Advocate Use of Incentive Auction Process for Allocating Spectrum for Unlicensed Use", and "Commentary on FCC Spectrum Discretion" in TLJ Daily E-Mail Alert No. 2,326, January 13, 2012.

Rep. Upton (at right) stated that "Bluster aside, it sounds like we have a federal agency more concerned about preserving its own power than offering serious improvements as we prepare to finalize this legislation. We worked with the FCC's auction experts to give the agency the legitimate flexibility it needs to design the mechanics of the auction."

He said that "It's time to stop the FCC from engaging in political mischief that will hurt competition and steal money from the taxpayer's coffers. Don't take our word for it -- look at the 2008 auction. The FCC imposed conditions on the C and D blocks that ultimately prevented the D-block from selling and pushed smaller carriers out of the auction. Taxpayers lost somewhere in the neighborhood of $5 billion, and spectrum remains sidelined."

The D Block is 10 megahertz of paired spectrum (758-763 MHz and 788-793 MHz). The FCC's failed plan was to auction the D Block in the 700 MHz auction (the FCC's Auction No. 73) as one nationwide license, subject to a Public/Private Partnership. The plan was for a commercial licensee to build a nationwide broadband interoperable network for use by public safety entities. This licensee would then have had preemptible secondary access to the spectrum. The FCC closed this auction on March 18, 2008. However, no bidder bid the reserve price for the D Block.

For more on the FCC's failed D Block auction, see:

• "FCC Closes 700 MHz Auction" and "Rep. Markey Announces Hearing on 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008.
• "FCC Releases Details of 700 MHz Auction" and "FCC Will Not Offer D Block in Auction 76" in TLJ Daily E-Mail Alert No. 1,735, March 24, 2008.
• "FCC Releases Inspector General's D Block Investigation Report" in TLJ Daily E-Mail Alert No. 1,755, April 28, 2008.

Genachowski also argued in his January 11 speech that the FCC should be allowed to take spectrum recovered pursuant to incentive auction authority, and rather than auction it, make it available for unlicensed use. This would generate no auction revenues.

Rep. Upton responded that "time for the FCC and others to be honest about how taxpayers would be affected by their plans to give away valuable spectrum to favored constituencies. Our goal is to strike the right balance by keeping plenty of opportunity for unlicensed use without forcing taxpayers to forfeit any return on a resource that everyone agrees is worth billions."

1/13. Jim Cicconi, VP of AT&T for external and Congressional affairs, criticized Federal Communications Commission (FCC) Chairman Julius Genachowski's January 11, 2012 speech on pending legislation regarding incentive auctions and the D block.

Cicconi (at right) wrote in a short piece that AT&T supports giving the FCC incentive auction authority. This is in both House and Senate legislative proposals.

He then wrote that "We are troubled, though, that the chairman and some of his staff are now saying that the FCC, and not the United States Congress, should have full power to impose conditions, and to decide which companies are allowed to participate in spectrum auctions and which should not."

He added that "anytime a regulatory agency seeks unfettered discretion, that is the best reason Congress should not give it to them."

“The entire principle behind spectrum auctions is to allow free and competitive markets to work, thus ensuring that valuable spectrum goes to the most economically viable uses. This also provides maximum return to the U.S. Treasury." Cicconi elaborated that "For the FCC to assert, in the name of 'fostering competition', that it should have final say on which companies can bid on spectrum is for them to engage in picking winners and losers. That is not the job of the FCC."

He argued that "The FCC should be a neutral arbiter, ensuring fairness and impartially enforcing a system of rules and laws. It should not be empowered by Congress to advantage some companies and disadvantage others, or to impose its preferences on a free market."

He concluded, "We commend the Congress for advancing spectrum legislation in a way that helps the economy, maximizes revenue for the Treasury, and ensures that consumers -- not regulators -- decide who wins and loses in the competitive wireless market. It would be a disservice to the Nation if the FCC is so adamant about preserving and enhancing its own power that it would risk killing this crucial legislation."

The House Commerce Committee's (HCC) discussion draft [113 pages in PDF] is titled the "Jumpstarting Opportunity with Broadband Spectrum Act of 2011" or "JOBS Act of 2011". See also, story titled "House Communications Subcommittee Approves Spectrum Bill" in TLJ Daily E-Mail Alert No. 2,317, December 1, 2011, for summaries of, and hyperlinks to, amendments approved on December 1, 2011.

The Senate bill is S 911 [LOC | WW], the "Strengthening Public-safety and Enhancing Communications Through Reform, Utilization, and Modernization Act" or "SPECTRUM Act". The Senate bill was marked up by the Senate Commerce Committee (SCC) on June 8, 2011. However, the Library of Congress has not yet published a copy of the bill as amended.

1/13. Six Republican Senators on the Senate Judiciary Committee (SJC) sent a letter [2 pages in PDF] to Senate leaders the Chairman of the SJC, the full Senate should not yet take up S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011", "PROTECT IP Act", or "PIPA". The Senate is currently scheduled to begin consideration next week.

The six are Sen. Charles Grassley (R-IA), Sen. Orrin Hatch (R-UT), Sen. Jeff Sessions (R-AL), Sen. John Cornyn (R-TX), Sen. Mike Lee (R-UT), and Sen. Tom Coburn (R-OK).

The six sent their letter to Sen. Harry Reid (D-V), the Senate Majority Leader, Sen. Mitch McConnell (R-KY), the Senate Minority Leader, and Sen. Patrick Leahy (D-VT), the Chairman of the SJC, and sponsor of the PROTECT IP Act.

Sen. Grassley (at right) and the others wrote that "for both substantive and procedural reasons, the process at this point is moving too quickly".

They explained that prior to the SJC mark up on May 26, 2011, "some members expressed substantive concerns about the bill, and there was a commitment to resolve them prior to floor consideration. That resolution has not yet occurred."

They continued that there are concerns about "breaches in cybersecurity, damaging the integrity of the Internet, costly and burdensome litigation, and dilution of First Amendment rights". Moreover, the cyber security concerns warrant "hearing from the Administration and relevant agencies".

They also wrote that "It is important that the bill be fully debated and amendments not limited. We would like a firm commitment that once the Senate considers S. 968, the amendment process will be open".

Sen. Ron Wyden (D-OR) also released a statement. He wrote that "PIPA and SOPA would inflict severe harm to the Internet and undermine our national interest. The 11th-hour changes that the sponsors of the bills are proposing, and the letter of concern sent by Senator Grassley and others, are proof that both bills require further discussion and study before being considered by the House or the Senate."

He added that "The DNS provisions in PIPA and SOPA are clearly unacceptable, but they are far from the only problems with the legislation. I agree with Senator Grassley and other senators that more time is needed to determine the best course of action that will narrowly target truly ``rogue´´ foreign websites without undermining speech and innovation."

1/17. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register announcing that it seeks private sector members for its seven technical advisory committees (TACs), which advise the BIS on the control of exports of products, software, and technologies. There are BIS TACs for electronics, computers, telecommunications and information security, and other sectors. There is no deadline. See, Federal Register, Vol. 77, No. 10, Tuesday, January 17, 2012, at Page 2271.

1/13. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that solicits nominations for the National Medal of Technology and Innovation (NMTI). The deadline to submit nominations is March 31, 2012. See, Federal Register, Vol. 77, No. 9 Friday, January 13, 2012, at Pages 2047-2048. For more information about this program, see stories titled "Bush Awards National Medals of Technology and Science", "House Democrats Promote Their Innovation Agenda", and "Commentary: National Medal of Technology Program" in TLJ Daily E-Mail Alert No. 1,312, February 17, 2006.

1/12. The Department of Homeland Security (DHS) published a notice in the Federal Register announcing that it seeks private sector members for its Homeland Security Science and Technology Advisory Committee (HSSTAC). The deadline to submit applications is January 30, 2012. See, Federal Register, Vol. 77, No. 8, Thursday, January 12, 2012, at Page 1942.

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Martin Luther King's Birthday. This is a federal holiday. See, OPM list of 2012 federal holidays.

The House will meet at 2:00 PM in pro forma session. See, Rep. Cantor's calendar.

8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "The Wired Home and Wireless Policy". The speakers will be Rick Kaplan (Chief of the FCC's Wireless Telecommunications Bureau), Fred Campbell (head of the Wireless Communications Association International), Walter McCormick (head of the US Telecom), Grant Seiffert (head of the Telecommunications Industry Association), and Drew Clark. Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, ICF Intl., Intel, NCTA TIA, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

9:00 AM - 4:30 PM. Day one of the Net Caucus's annual State of the Net Conference. See, conference web site and schedule. Location: Hyatt Regency, Capitol Hill, 400 New Jersey Ave., NW.

9:00 AM - 5:45 PM. Day one of a three day event hosted by the International Intellectual Property Institute (IIPI) and U.S. Patent and Trademark Office (USPTO) titled "Seminar on Specialized Intellectual Property Rights Courts". The speakers will include David Kappos (head of the USPTO), Shinjiro Ono (former Deputy Commissioner of the Japan Patent Office), and Jorge Amigo (former Director of the Mexican Institute of Industrial Property). The deadline to register is January 13. Free. See, notice. Location: USPTO, 600 Dulany St., Alexandria, VA.

10:00 - 11:00 AM. The Free Press (FP), Public Knowledge (PK), and others will host a teleconferenced news conference regarding HR 3261 [LOC | WW], the "Stop Online Piracy Act", or "SOPA", and S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" or "PROTECT IP Act". The number is +1 (213) 493-0606; the access code is 236-450-089.

12:00 NOON - 2:00 PM. American Bar Association's (ABA) Section of International Law will host an on site and teleconferenced panel discussion titled "Trade Remedies Approaches of the US and EU Toward China: Similarities and Differences". The speakers will be Joseph Dorn (King & Spaulding), Gary Horlick (Gary Horlick), Edwin Vermulst (VVGB Advocaten), Matthew Yeo (Steptoe & Johnson), and Kristin Mowry (Mowry & Grimson). The price ranges from $15 to $20. Lunch will be provided for on site attendees. See, notice. Location: Sidley Austin, 1501 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Industry Roundtable -- The Roles and Responsibilities of the Young Lawyer". For more information, contact Mark Brennan at Mark dot Brennan at hoganlovells dot com or Brendan Carr at BCarr at wileyrein dot com. Location: Wilmer Hale, Multi-Purpose Room on the ground level, 1875 Pennsylvania Ave., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. It will consider a resolution of disapproval of the President's exercise of authority to increase the debt limit. See, Rep. Cantor's calendar.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host an panel discussion titled "Bits and Bricks: Transforming the Construction Industry Through Innovation". The speakers will be Robert Atkinson (ITIF), Phillip Bernstein (Autodesk), Dorothy Robyn (Department of Defense), Robert Peck (GSA) and Shyam Sunder (NIST). See, notice. Location: National Press Club, Holeman Lounge, 529 14th St., NW.

9:00 - 11:30 AM. Day two of the Net Caucus's annual State of the Net Conference. See, conference web site and schedule. Location: Hyatt Regency, Capitol Hill, 400 New Jersey Ave., NW.

9:00 AM - 5:30 PM. Day one of a three day event hosted by the International Intellectual Property Institute (IIPI) and U.S. Patent and Trademark Office (USPTO) titled "Seminar on Specialized Intellectual Property Rights Courts". The speakers will include David Kappos (head of the USPTO), Shinjiro Ono (former Deputy Commissioner of the Japan Patent Office), and Jorge Amigo (former Director of the Mexican Institute of Industrial Property). The deadline to register is January 13. Free. See, notice. Location: USPTO, 600 Dulany St., Alexandria, VA.

10:00 AM - 12:00 NOON. The House Oversight and Government Reform Committee (HOGRC) will hold a titled "Government Mandated DNS Blocking and Search Takedowns -- Will It End the Internet as We Know It?" See, notice. The HOGRC does not have jurisdiction over HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA". The House Judiciary Committee (HJC) does. However, this hearing is directed at provisions in the SOPA. The HOGRC will webcast this hearing. Location: Room 2154, Rayburn Building, with overflow seating in Room 2203.

12:00 NOON - 1:30 PM. American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Monopolization Updates from China and Canada". The speakers will be Neil Campbell (McMillan) and Kate Wallace (Jones Day). Free. See, notice.

Deadline to submit comments to the National Science Foundation's (NSF) National Science Board (NSB) regarding the Committee on Strategy and Budget's Task Force's report on Data Policies, Digital Research Data Sharing and Management. See, notice in the Federal Register, Vol. 77, No. 8, Thursday, January 12, 2012, at Page 1956.

The House will not meet. Day one of a three day event titled "House Republican Issues Conference". See, Rep. Cantor's calendar.

The Senate will not meet.

9:00 AM - 3:30 PM. Day one of a three day event hosted by the International Intellectual Property Institute (IIPI) and U.S. Patent and Trademark Office (USPTO) titled "Seminar on Specialized Intellectual Property Rights Courts". The speakers will include David Kappos (head of the USPTO), Shinjiro Ono (former Deputy Commissioner of the Japan Patent Office), and Jorge Amigo (former Director of the Mexican Institute of Industrial Property). The deadline to register is January 13. Free. See, notice. Location: USPTO, 600 Dulany St., Alexandria, VA.

11:45 AM - 1:45 PM. The Tech Freedom (TF), Competitive Enterprise Institute (CEI) and Cato Institute will host a panel discussion titled "Unintended Consequences of Rogue Website Crackdown". The program will address three bills under consideration by the House and Senate: (1) HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA", (2) draft [18 pages in PDF] of the "Online Protection & Enforcement of Digital Trade Act", or "OPEN Act", and (3) S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" or "PROTECT IP Act". The speakers will be Berin Szoka (TF), Larry Downes (TF), Allan Friedman (Brookings Institution), James Gattuso (Heritage Foundation), Dan Kaminsky, Julian Sanchez (Cato Institute). Lunch will be served. Free and open to the public. The deadline to register is 12:00 NOON on January 18. See, notice and registration page. Location: Reserve Officers Association of the US, One Constitution Ave., NE.

12:30 - 1:45 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau's (WB) Division Chiefs will hold a meeting. The speakers will include Mary Bucher (Technologies, Systems and Innovation Division), Nese Guendelsberger ( Spectrum and Competition Policy Division), Roger Noel (Mobility Division), Blaise Scinto (Broadband Division), and Margaret Weiner (Auctions and Spectrum Access Division). The price to attend is $17. Registrations and cancellations are due by 12:00 NOON on January 16. See, notice. The Federal Communications Bar Association (FCBA) states that this is an FCBA event. Location: Wiley Rein, 1776 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Wireline Committee will host an event titled "Understanding the Connect America Fund Order". CLE credits. Prices vary. See, notice. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

The House will not meet. Day two of a three day event titled "House Republican Issues Conference".  See, Rep. Cantor's calendar.

The Senate will meet at 2:00 PM in pro forma session only.

Supreme Court conference day. See, calendar. Closed.

1:00 - 2:30 PM. American Bar Association's (ABA) Section on Intellectual Property Law will host a webcast panel discussion titled "Prosecution Strategies: Tackling USPTO Obviousness Rejections". The speakers will be Janet Hendrickson (Senniger Powers), Gregory Hillyer (Feldman Gale), Michelle O'Brien (O'Brien Jones), and Zachary Stern (Oblon, Spivak). The price ranges from $70 to $150. CLE credits. See, notice.

Day three of a three day event titled "House Republican Issues Conference".

The House will meet. Votes will be postponed until 6:30 PM.

The Senate will meet at 2:00 PM for morning business. The Senate may also consider S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011" or "PROTECT IP Act".

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Introduction to Export Controls". The speakers will be Carol Kalinoski (solo practitioner) and Thomas Scott (Ladner & Associates). The price to attend this and the companion program on February 8 ranges from $169 to $229. CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.