|Internet Radio Fairness Act Introduced
9/21. Sen. Ron Wyden (D-OR) introduced S __
"Internet Radio Fairness Act of 2012" in the Senate.
Rep. Jason Chaffetz (R-UT) and
Rep. Jared Polis (D-CO) introduced HR 6480
substantially identical bill in the House.
Sen. Wyden issued a
release that states that "Since the passage of the Digital Millennium
Copyright Act in 1998, Internet Radio providers have been forced to pay royalty
rates for the songs they broadcast that are considerably higher than their competitors
in this digital marketplace. These unfair and discriminatory royalty rates have
stifled innovation, competition and the growth of the music marketplace."
Currently, Copyright Royalty Judges set royalty rates for cable and satellite
radio under one standard, and royalty rates for internet radio under another. These
bills would put internet radio under the same standard as cable and satellite.
Rep. Chaffetz and Rep. Polis issued a
release that states that "The long-established method (known as the 801(b)
standard) that copyright judges use to determine royalty rates for satellite and
cable providers enables a broader and balanced set of factors to be considered.
HR 6480 puts Internet radio under this 801(b) standard. The 801(b) standard
helps strike the appropriate balance to promote the creation of copyrighted
works and encourage copyright users to develop new markets for these works. The
801(b) standard is used for all other forms of statutory royalty rate setting,
including for cable and satellite radio and for determining the royalties paid
by the recording industry to music publishers and songwriters, and has worked
successfully since 1976." (Parentheses in original.) See,
17 U.S.C. § 801.
The Computer and Communications Industry
Association's (CCIA) Ed Black stated in a
that "As consumers demand new ways to listen to music using the latest
technology, we need to update the laws to ensure that new competitors do not
face discrimination as they enter the marketplace. Charging different rates for
different digital radio providers is fundamentally unfair and goes against the
interests of an economy that has time and again chosen to boost competition and
The CCIA's Matt Schruers added that "The current system we have to set
royalty rates is the result of piecemeal legislation that favors some digital radio
providers over others. Language in the Copyright Act actually directs those setting
royalty rates to “minimize any disruptive impact” on current industries -- or in
other words -- support incumbents and discourage competition from new players."
He said that "This legislation would update the law to no longer discourage
competition since technology has enabled different distribution methods for
The Consumer Electronics Association's (CEA) Michael Petricone stated in a
release that "Under today’s outdated rules, Internet radio providers are
forced to pay a significantly larger percentage of royalties than their
competitors. In some cases, Internet radio providers pay half of their annual
revenues in performance royalties, while other music providers pay less than 10
percent. This irrational and unfair royalty system hinders investment and
innovation in Internet radio." He added that these bills "will drive innovation,
investment and jobs, not just in Internet radio but also in the hardware used to
access Internet services."
Pandora's Tim Westergren stated in a
release that "Royalty rates for different formats of digital radio are
astonishingly unequal. Currently, internet radio shoulders the largest royalty
burden, far higher than any other form of radio. Last year, Pandora paid roughly
50 percent of its total revenue in royalties, more than six times the percentage
paid by SiriusXM. The Internet Radio Fairness Act of 2012 addresses this
discriminatory practice of favoring one form of digital radio over another by
extending the common standard to include internet radio."
The National Association of Broadcasters (NAB)
stated in a
that the "NAB appreciates the leadership of Reps. Chaffetz and Polis and Sen.
Wyden and strongly supports legislative efforts to establish fair webcast
streaming rates. NAB will work with the bill's sponsors and all interested
parties to create broadcast radio streaming rates that promote new distribution
platforms and new revenue streams that foster the future growth of music."
On August 20, 2012, Rep. Jerrold Nadler
(D-NY) released a
discussion draft [9 pages in PDF] of a bill to be titled "Interim Fairness
in Radio Starting Today Act of 2012", or the "Interim FIRST Act".
See, story titled "Rep. Nadler Releases Draft Bill Regarding Performance Rights"
in TLJ Daily E-Mail
Alert No. 2,434, August 22, 2012.
|Congressional Anti Piracy
Watch List Names China, Russia, Italy, Switzerland, and Ukraine
9/20. The Congressional International Anti-Piracy Caucus (CIAPC) released a
report titled ""International
Anti-Piracy Caucus Country Watch List".
This report states that it "calls attention in 2012 to copyright piracy problems in
China, Russia, Italy, Switzerland, and Ukraine. The lack of enforcement of intellectual
property rights in these countries causes grave harm to American creators and to our
economy as a whole."
It continues that "China, Russia, and Ukraine were highlighted in 2011 by the Caucus
and continue to lag in efforts to combat piracy. Italy and Switzerland make their first
appearance on the watch list, though insufficient protections for copyright are a
longstanding problem in both nations."
This report adds that "We also note tentative progress in two nations that have
been highlighted in past watch lists -- Canada and Spain. Both Canada and Spain have
taken positive steps towards putting in place a stronger legal framework for the
protection of copyright, and as such we have included them thisyear as countries in
transition to acknowledge the progress made, while urging both to follow through
strongly on their commitments."
This report announces progress in removing advertising from web sites dedicated to
infringing activities. It states that the 2011 report "highlighted the important role
of private sector players in reducing copyright infringement, particularly in the
online advertising sector. The Caucus called on all actors in the online advertising
ecosystem, including advertisers, advertising agencies, and online ad networks to
develop mechanisms to prevent online pirates from profiting from their theft. We are
pleased that in June 2012 the Association of National Advertisers and the American
Association of Advertising Agencies, in consultation with the Interactive Advertising
Bureau, released a statement of ``best practices.´´ These principles call on members to
each commit to take affirmative steps to avoid placement of their ads on sites dedicated
to infringement of intellectual property rights."
The Chairmen of the CIAPC are Rep. Adam
Schiff (D-CA), Rep. Bob Goodlatte (R-VA),
Sen. Sheldon Whitehouse (D-RI) and
Sen. Orrin Hatch (R-UT). Sen. Hatch
release, and Rep. Schiff issued a substantially identical
Rep. Schiff stated that the purpose of this Watch List is
"to alert those pirates and the countries helping them that we are paying
attention and we expect our trading partners to protect the intellectual
property rights of creators".
Robert Holleyman, head of the Business Software Alliance (BSA), stated in a
release that "The total value of pirated software reached more than $63.4
billion worldwide last year, and the countries on this year’s watch list
represent nearly a quarter of that amount."
Tom Allen, head of the Association of
American Publishers (AAP), praised the report in a
release. He stated that "Every
sector of the US publishing industry is affected by physical and digital piracy,
with Canada and China among our greater concerns. It is imperative that those
who learn, enjoy and value US published works recognize that threats to
intellectual property rights will divert publishers’ investments in content and
innovation." This release adds that Canada "poses significant problems for the
publishing industry. While the country’s recently-enacted Copyright
Modernization Act brings it closer to prevailing international copyright norms,
the Act includes a number of new exceptions that raise questions about
compliance with those norms. While the industry also saw some positive
developments in China, there remains concern that commercial entities there
persist in the unauthorized distribution of US-published scientific, technical
and medical journal articles."
See also, RIAA
release praising this report.
|FTC and EC Approve UMG EMI
9/21. The U.S. Federal Trade Commission (FTC)
and the European Commission (EC) made coordinated announcements that both have
approved the merger of Universal Music Group (UMG) and EMI Recorded Music.
The FTC closed its investigation, by a vote of 5-0. It wrote in
to legal counsel for the merging companies that the FTC's
Bureau of Competition (BOC) "has
been conducting a nonpublic investigation to determine whether the proposed
acquisition by Vivendi, S.A. of EMI Recorded Music may violate Section 7 of the
Clayton Act or Section 5 of the Federal Trade Commission Act." (Vivendi is the
parent company of UMG.)
The FTC letters state, "Upon further review of this matter, it
now appears that no further action is warranted by the Commission at this time.
Accordingly, the investigation has been closed. This action is not to be
construed as a determination that a violation may not have occurred, just
as the pendency of an investigation should not be construed as a determination
that a violation has occurred. The Commission reserves the right to take such
further action as the public interest may require."
The FTC imposed no conditions. However, the EC conditioned its approval on
EMI's divestiture of the Parlophone label and other assets. The EC stated in a
release that it "had concerns that the transaction, as initially notified,
would have allowed Universal to significantly worsen the licensing terms it
offers to digital platforms that sell music to consumers. To meet these
concerns, Universal offered substantial commitments. In light of these
commitments, the Commission concluded that the transaction would not raise
competition concerns anymore."
Section 7 of the Clayton Act, which is codified at
15 U.S.C. § 18, is
the statute that gives the FTC and Department of Justice (DOJ) authority to
block mergers and acquisitions that may substantially lessen competition, or
tend to create a monopoly.
Section 7 of the Clayton Act provides, in part, that "No person engaged in
commerce or in any activity affecting commerce shall acquire, directly or
indirectly, the whole or any part of the stock or other share capital and no
person subject to the jurisdiction of the Federal Trade Commission shall acquire
the whole or any part of the assets of another person engaged also in commerce
or in any activity affecting commerce, where in any line of commerce or in any
activity affecting commerce in any section of the country, the effect of such
acquisition may be substantially to lessen competition, or to tend to create a
Section 5 of the FTC Act, which is codified at
15 U.S.C. § 45, is an
anti-fraud consumer protection statute, which the FTC, under the Chairmanship of
Jonathan Leibowitz, now asserts is an all purpose antitrust statute, but without
the associated body of case law to limit FTC application.
The FTC also released a two page
statement [PDF] by Richard Feinstein, Director of the BOC, that explains the
FTC's Clayton Act analysis. It makes no reference to Section 5 of the FTC Act.
It states that FTC "staff did not find sufficient evidence of
head-to-head competition to conclude that the combination of Universal and EMI
would substantially lessen competition. In the recorded music business, the
products are highly differentiated, and companies compete for distribution in
multiple ways, including: (1) the sale of new titles in large retailers; (2) the
sale of catalog titles; and (3) the opportunity to promote artists and records.
Commission staff therefore considered the level of direct competition between
Universal and EMI across all of these different types of channels. Universal is
very strong in popular new releases, but EMI -- the smallest of the Majors --
has a portfolio much more heavily weighted toward older titles."
This statement also addresses the FTC staff's assessment of "the
impact of the acquisition on the development of interactive music streaming
services". The conclusion was that "each leading interactive streaming service
must carry the music of each Major to be competitive. Because each Major
currently controls recorded music necessary for these streaming services, the
music is more complementary than substitutable in this context, leading to
limited direct competition between Universal and EMI. In the end, insufficient
evidence existed showing that Universal and EMI offer products that could be
viewed by streaming services as direct substitutes."
The Public Knowledge's (PK)
Jodie Griffin wrote a
short piece in which she criticized the FTC's decision. She wrote that
"UMG has clearly recognized that even if it doesn't stay relevant in today's
market by adapting to changing technology and consumer demands, it can
maintain its position in the marketplace simply by consolidating gatekeeper
power over the businesses that are trying to move the music industry forward.
Why earn relevance when you can buy it? This decision by the FTC
bodes ill for the foreseeable future of the digital music business. The FTC
has enabled the dominant gatekeeper to further entrench itself between
musicians and their fans, now with even less competition to pressure UMG to be
fair to either."
The Tech Freedom's Berin Szoka
praised the approval. He also offered some parting comments for
Sen. Herb Kohl (D-WI), the Chairman of
the Senate Judiciary Committee's
(SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights, who is
not running for re-election in November.
Szoka wrote that "Senator Herb Kohl isn't happy that the FTC imposed no
conditions on the deal. This is hardly surprising, since he's been repeating the
same ``Big is Bad´´ mantra for over twenty years. But the entire point of having
an expert agency like the FTC is to ensure that mergers are assessed under
antitrust law's legal doctrines -- which are grounded in the same law and
economics scholarship that has so thoroughly discredited Kohl's visceral
loathing of mergers. Let's hope whoever succeeds Kohl as Chairman of the Senate
Antitrust Committee is more humble about his ability to out-smart either the FTC
or the great ongoing churn of the digital revolution. That, ultimately, is what
protects consumers, not political grandstanding."
|NAB's Smith Advocates Activation of Radio
Chips in Smart Phones
9/19. Gordon Smith, head of the National
Association of Broadcasters (NAB), gave a
in Dallas, Texas at the 2012 Radio Show in which he discussed radios in smart phones.
He discussed the role of local broadcasters in providing warnings and
information about natural disasters, such as .Hurricane Katrina.
He said, "what better way to inform people of pending
danger than through built in radio in their mobile phones? When phone service
and the Internet go down because of capacity constraints -- as we saw during
Hurricane Katrina -- radio stays on".
He stated that "the wireless
carriers are trying to do their part. They have implemented a text message-based
wireless emergency alert system to inform people during times of crisis. But its
ability is limited. Let's take a look at an example of a wireless emergency
alert message. They only have 90 characters to share critical information with
the public, and as you can see, they are wise to direct their customers to turn
to local media for the full story."
"We are natural partners, and we must work
together. Radio can supplement these emergency alert efforts, since our medium
doesn't have these type of limitations."
He continued that "all of the top 10 best-selling smartphones in the
U.S. were already equipped with radio chips. But, unfortunately, none of them
had the chip activated. Now some might see this as terrible news. But I'm an
optimist. I think this information simply proves what an easy lift it would be
for the wireless carriers to activate this service for the safety and
convenience of their customers. These phones represent more than 70 percent of
the smartphones sold during the first quarter of this year -- that's 17 million
units. Activating these radio chips presents huge opportunities for listeners,
wireless companies and broadcasters alike."
Smith also said that "radio's future lies in being incorporated into every new device".
See also, other TLJ stories on radio in mobile devices:
- "Telecom and Tech Groups Oppose Proposed FM in Mobile Mandate" in
TLJ Daily E-Mail
Alert No. 2,128, September 8, 2010.
- "Issa and Eshoo Oppose Radio Tuners Mandate" in
Daily E-Mail Alert No. 2,230 May 2, 2011.
- "Representatives Address Hurricanes, Broadcasting, and Radio Tuners
in Mobile Phones" in
TLJ Daily E-Mail
Alert No. 2,389, June 4, 2012.
|Senate Adjourns Until After
9/22. The Senate adjourned, except for pro forma sessions, until Tuesday,
November 13, 2012.
Sen. Jeff Sessions (R-AL), the ranking Republican
on the Senate Budget Committee (SBC), delivered the
Weekly Republican Address
Saturday, September 22. He stated that "the Senate Democrat Majority has decided
to adjourn through November having utterly failed to meet its most basic
obligations. For the last three years, in a time of national crisis, Senate
Democrats have deliberately violated the legal requirement to produce a budget
Sen. Sessions added that "They also failed to pass
a single annual appropriations bill -- not once, but twice -- the first time a
single spending bill wasn’t passed in Senate history. They would not even bring
up the crucial national defense authorization bill -- for the first time in 50
years. And they presented no plan to prevent the huge tax hikes and steep cuts
to defense known as the fiscal cliff."
Sen. Harry Reid (D-NV), the Senate
Majority Leader, stated in the Senate, "I’ve listened to my Republican
colleagues come to the Senate floor to lament how little the Senate has
accomplished during the 112th Congress. I share that concern. In fact, it’s a
wonder we’ve gotten anything done at all, considering the lack of cooperation
Democrats have gotten from our Republican colleagues." See,
|This issue contains the following items:
• Internet Radio Fairness Act Introduced
• Congressional Anti Piracy Watch List Names China, Russia, Italy,
Switzerland, and Ukraine
• FTC and EC Approve UMG EMI Merger
• NAB's Smith Advocates Activation of Radio Chips in Smart Phones
• Senate Adjourns Until After Elections
New items are highlighted in
|Monday, September 24
The House will not meet. It will next meet on
Tuesday, September 25.
The Senate will not meet. It is in recess, except
for pro forma sessions, until November 13, 2012.
The Supreme Court will hold its opening conference for the October
TIME? The Office of the U.S. Trade
Representative (OUSTR) will hold a hearing regarding Canada's participation in
the negotiation of a Trans Pacific Partnership (TPP) trade agreement. The OUSTR
seeks comments on numerous issues, including "electronic commerce issues" and
"trade-related intellectual property rights issues". The deadline to submit
written requests to present oral testimony is September 4. The deadline to submit
written comments is 12:00 NOON on September 4. See,
notice in the
Federal Register Vol. 77, No. 141, July 23, 2012, at Pages 43131-43133. Location: OUSTR,
Rooms 1, and 2, 1724 F St., NW.
12:00 NOON. The American
Bar Association (ABA) will host a webcast
panel discussion titled "Making the Most of Your IPad/Tablet -- Tools and Tips for
Bar Staff". The speaker will be Tom Mighell. Prices vary. No CLE credits. See,
12:00 NOON. Deadline to submit comments to the
Office of the U.S. Trade Representative (OUSTR) to assist
it in preparing its annual report to the Congress on the People's Republic of China's (PRC)
compliance with its World Trade Organization (WTO)
notice in the Federal Register, Vol. 77, No. 161, August 20, 2012, at Pages 50206-50207.
See also, story titled "OUSTR to Receive Comments and Hold Hearing on PRC Compliance
with WTO Obligations" in TLJ
Daily E-Mail Alert No. 2,431, August 17, 2012.
1:00 - 4:00 The Federal Communications Commission's (FCC)
Technological Advisory Council will meet. See,
notice in the
Federal Register, Vol. 77, No. 168, August 29, 2012, at Pages 52332-52333. Location: FCC,
Commission Meeting Room, 445 12th St., SW.
1:00 - 4:00 PM. The Department of Commerce's (DOC)
National Oceanic and Atmospheric Administration's
(NOAA) Advisory Committee on Commercial Remote Sensing (ACCRES) will meet. See,
notice in the Federal Register, Vol. 77, No. 181, September 18, 2012, at
Pages 57558-57559. Location: NOAA, auditorium, 1301 East West Highway, Silver
10:00 AM - 12:00 NOON. The Information
Technology and Innovation Foundation (ITIF) will host a panel discussion titled
"Recommendations from the mHealth Task Force". The speakers will include
Julius Genachowski (FCC Chairman), Robert Jarrin (Qualcomm), Julian Goldman (Partners
Healthcare System), Douglas Trauner (TheCarrot.com), and Robert Atkinson (ITIF). See,
ITIF/ITIC, Suite 610A, 1101 K St., NW.
|Tuesday, September 25
The House will meet at 10:00 AM.
Yom Kippur begins at sundown.
9:00 AM - 12:30 PM. The Department of Commerce's
(DOC) National Telecommunications and
Information Administration's (NTIA)
First Responder Network Authority Board will meet. See,
notice in the Federal Register, Vol. 77, No. 178, September 13, 2012, at
Pages 56622-56623. Location: DOC, Secretary's Conference Room, 14th and
Constitution Ave., NW.
12:00 NOON - 1:00 PM. The Heritage
Foundation will host an event titled "Supreme Court Preview: 2012 Term".
The speakers will be Paul
Clement (Bancroft) and Thomas
Goldstein (Goldstein & Russell), and
Todd Gaziano (Heritage). See,
Heritage, 214 Massachusetts Ave., NE.
2:00 - 4:15 PM. The DC Bar
Association will host a panel discussion titled "The Ethics of
Outsourcing E-Discovery". The speakers will be Conrad Jacoby (efficientEDD),
Thomas Mason (Zuckerman Spaeder), and Ashish Prasad (Discovery Services). The
price to attend ranges from $89 to $129. 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.
2:00 - 3:30 PM. The Department of Justice's (DOJ)
Antitrust Division's (AD) Economic Analysis Group
(EAG) will host a presentation titled "Promotional Reviews: An Empirical Investigation
of Online Review Manipulation". The speaker will be
Judy Chevalier (Yale
School of Management and NBER). See,
paper with the same title by Chevalier,
(Dartmouth) and Dina
Mayzlin (USC). For more information, contact Gloria Sheu at gloria dot sheu at usdoj dot
gov or 202-532-4932 or Nathan Miller at nathan dot miller at usdoj dot gov or 202-307-3773.
Location: Liberty Square Building, EAG conference room, LSB 9429, 450 5th
4:00 - 5:30 PM. The George Mason University School of Law's
Information Economy Project will host a lecture by
Bronwyn Howell titled "Regulating
Broadband Networks". Free. See,
notice. Location: GMU law school, Founder's Hall, Room 111, 3301 Fairfax
Drive, Arlington, VA.
EXTENDED TO OCTOBER 25.
Deadline to submit initial comments to the
Copyright Office (CO) regarding proposed changes
to CO regulations for reporting Monthly and Annual Statements of Account for the making
and distribution of phonorecords under the compulsory license. See, original
the Federal Register (FR), Vol. 77, No. 145, Friday, July 27, 2012, at Pages 44179-44197,
notice in the FR, Vol. 77, No. 176, September 11, 2012, at Pages 55783-55784.
|Wednesday, September 26
12:00 NOON. The World Wide Web Consortium's
(W3C) Tracking Protection Working
Group will meet by teleconference. The call in number is 1-617-761-6200. The passcode
is TRACK (87225).
12:30 - 1:30 PM. The American
Intellectual Property Law Association (AIPLA) will host a webcast panel discussion
titled "USPTO Statistics Initiative". The speakers will be Manny
Schecter (IBM), Bradley Forrest (Schwegman Lundberg & Woessner), David Wiley (USPTO).
CLE credits. Prices vary. See,
12:30 - 2:00 PM. The American
Bar Association (ABA) will host an on site and teleconferenced panel discussion
titled "Recent US Free Trade Agreements: Where We Are and Where We Are
Going". The speakers will be Claudia Candela (Director of Trade, Colombia
Trade Bureau), Everett Eisensstat (Trade Counsel, Senate Finance Committee), Elif
Eroglu (US Customs and Border Protection), and
Felicia Nowels (Akerman
Senterfitt). No CLE credits. Prices vary. See,
notice. Location: Akerman Senterfitt, Suite
750, 750 9th St., NW.
EXTENDED TO OCTOBER 19.
Deadline to submit comments to the
Copyright Office (CO) in response to its
Notice of Inquiry (NOI) regarding creating a small copyright claims process.
in the Federal Register, Vol. 77, No. 179, September 14, 2012, at Pages
|Thursday, September 27
The Federal Communications Commission's (FCC)
901 is scheduled to begin. This will auction high cost universal service subsidies through
reverse competitive bidding. It is also titled "Mobility Fund Phase I Auction".
Notice (PN) [21 pages in PDF] released on February 2, 2012. It is DA 12-121 in AU Docket
No. 12-25. See also,
notice in the Federal Register (FR), Vol. 77, No. 28, February 10, 2012, at Pages
notice in the FR, Vol. 77, No. 46, March 8, 2012, at Pages
notice in the FR, Vol. 77, No. 105, May 31, 2012, at Pages 32092-32111.
See also, September 14
Public Notice (DA 12-1456), and
notice in the FR, Vol. 77, No. 180, September 17, 2012, at Pages 57085-57086.
12:00 NOON - 1:15 PM. The
American Bar Association's (ABA) Section of Antitrust
Law will host an on site and teleconferenced panel discussion titled "Effects of
Patent Assertion Entities on Competition and Innovation". The speakers will be
Robert Harris (Charles River Associates),
Margaret Ward (Jones Day), and Jeffrey Wilder (DOJ
Antitrust Division). Free. No CLE credits. See,
notice. Location: Wilson Sonsini, 5th floor, 1700 K St., NW.
12:00 NOON - 2:30 PM. The Federalist
Society will host a panel discussion titled "Supreme Court Preview: What Is in
Store for October Term 2012?". The speakers will be
Tom Goldstein (Goldstein
Rosenkranz (Georgetown University Law Center), Carrie Severino
(Judicial Crisis Network), Stuart Taylor (National
Wainstein (Cadwalader Wickersham & Taft), and Pete Williams (NBC News). See,
notice and registration page. Location: National Press
Club, 529 14th St., NW.
1:00 - 2:30 PM. The American
Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled
"Counsel or iCounsel: Ethical and Practical Issues in Using Artificial Intelligence
in E-Discovery". The speakers will be John Barkett (Shook Hardy & Bacon),
Julia Brickell (H5), Jeffrey Fowler (O’Melveny & Myers), Dera Nevin (McCarthy Tétrault),
and Kris Vann (H5). Prices vary. CLE credits. See,
5:00 PM. The University of Maryland's (UM) Cyber
Security Center will host a presentation titled "The State of the Hack"
by Kevin Mandia (CEO
of Mandiant). This event is free, and open to the public, but registration is
notice. Location: UM, Kim Engineering Building Lecture Hall, Room 1110, MD.
6:00 - 8:15 PM. The Federal Communications
Bar Association (FCBA) will host an event titled "An Evening
with a Hacker". Prices vary. CLE credits. See,
notice. The deadline for registrations and cancellations is 12:00 NOON on September
26, 2012. Location: Bingham & McCutcheon,
2020 K St., NW.
|Friday, September 28
10:30 AM - 12:00 NOON. The Federal Communications
Commission (FCC) may hold an event titled "Open Meeting". See, FCC
tentative agenda and
story titled "FCC Releases Tentative Agenda for September 28 Meeting" in TLJ
Daily E-Mail Alert No. 2,443, September 7, 2012. Location: FCC, Commission Meeting Room (Room
TW-C305), 445 12th St., NW.
12:00 NOON - 2:00 PM. The
Tech Freedom (TF) will host a panel
discussion titled "Should the FTC Sue Google Over Search?" The speakers
will be Eric Clemons
(University of Pennsylvania business school),
Allen Grunes (Brownstein
Hyatt), Glenn Manishin
(Troutman Sanders) and
Geoffrey Manne (Lewis & Clark law school). The TF will webcast this event.
notice and registration page. Location: Monocle Restaurant, 107 D St., NE.
12:15 - 1:45 PM. The
New America Foundation (NAF) will host a panel discussion titled "Fair
Play: The State of Competition in the Business Broadband Marketplace". The
speakers will be Michael Copps, Chip Pickering
(Broadband Coalition), Gene Kimmelman
(Global Partners), Todd Thibodeaux
(CompTIA), Joseph Gillan (Gillan Associates),
and Michael Calabrese (NAF). See,
notice. Location: NAF, Suite 400, 1899 L St., NW.
12:15 - 1:30 PM. The Federal
Communications Bar Association's (FCBA) Intellectual Property Committee will host a
brown bag lunch regarding the Aereo service, and the public
performance rights and reproduction rights of broadcasters. See,
[36 pages in PDF] filed on March 1, 2012, in the U.S.
District Court (SDNY) in WNET v. Aereo, D.C. No. 1:12-cv-01543-AJN. The
District Court issued its
[PDF] on July 11 denying the plaintiffs' motion for a preliminary injunction, citing the
U.S. Court of Appeals' (2ndCir) 2008
opinion in Cartoon
Network v. CSC Holdings, 536 F.3d 121. See, story titled "2nd Circuit Reverses in
Remote Storage DVR Copyright Case" in
TLJ Daily E-Mail Alert No.
1,806, August 5, 2008. The speakers will be
David Wittenstein (Dow Lohnes),
(Arnold & Porter), and
(Edwards Wildman). Location: Wilkinson Barker Knauer,
Suite 700, 2300 N St., NW.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to its
of Proposed Rule Making (FNPRM) [67 pages in PDF] regarding Medical Body Area Network
(MBAN) coordinators for the 2360-2390 MHz band. The FCC adopted and released this item
on May 24, 2012. It is 12-54 in ET Docket No. 08-59. See,
notice in the
Federal Register, Vol. 77, No. 143, Wednesday, July 25, 2012, at Pages 43567-43570.
Deadline to submit comments to the Federal Communications
Commission's (FCC) Wireline
Competition Bureau (WCB) in response to its July 31, 2012
Public Notice that requests
comment on a proposed survey of urban rates for fixed voice and fixed broadband residential
services. That DA 12-1199 in WC Docket No. 10-90. See,
notice in the
Federal Register, Vol. 77, No. 168, August 29, 2012, at Pages 52279-52292.
Deadline to submit comments to the Department of Commerce's (DOC)
National Telecommunications and Information
Administration (NTIA) in advance of its October 4 meeting of its
Commerce Spectrum Management Advisory
Committee (CSMAC). See,
notice in the
Federal Register, Vol. 77, No. 158, August 15, 2012, at Pages 48968-48969. See also, story
titled "Spectrum Management Advisory Committee to Meet" in
TLJ Daily E-Mail Alert No.
2,431, August 17, 2012.
|Monday, October 1
10:00 AM. The Federal Communications Commission's
(FCC) WRC-15 Advisory Committee will meet. See,
notice in the Federal Register, Vol. 77, No. 177, September 12, 2012, at
Pages 56207-56208. Location: FCC, Commission Meeting Room (Room TW-C305), 445
12th St., SW.
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its
of Proposed Rulemaking (NPRM) [59 pages in PDF] regarding the 4940-4990 MHz (4.9 GHz)
public safety band. The FCC adopted and released this FNPRM on June 13, 2012. It is FCC
12-61 in WP Docket No. 07-100, PS Docket No. 06-229, WT Docket No. 06-150. See,
notice in the
Federal Register, Vol. 77, No. 148, Wednesday, August 1, 2012, Pages 45558-45571. See also,
August 3 Public
Notice (DA 12-1268).
Deadline to submit initial comments to the Federal Communications
Commission's (FCC) Public
Safety and Homeland Security Bureau (PSHSB) in response to its Fourth Further Notice of
Proposed Rulemaking regarding establishing and implementing a reconfigured 800 MHz channel
plan along the U.S. Mexico border. The PSHSB released its
Public Notice [31 pages
in PDF] on August 17, 2012. It is DA 12-1343 in WT Docket No. 02-55. See also, August 31
Public Notice, and
notice in the
Federal Register, Vol. 77, No. 169, August 30, 2012, at Pages 52633-52636.
Deadline to submit reply comments to the Federal Communications
Commission's (FCC) Media Bureau (MB) regarding TiVo's
petition [15 pages in
PDF] for waiver and clarification of the FCC's rules regarding set top boxes, codified at
47 C.F.R. § 76.640(b)(4)(iii).
See, notice in
the Federal Register, Vol. 77, No. 173, September 6, 2012, at Pages 54910-54911.
Deadline to submit comments to the
National Institute of Standards and Technology (NIST)
regarding the second draft of Federal Information Processing Standard 140-3, Security
Requirements for Cryptographic Modules. See,
notice in the
Federal Register, Vol. 77, No. 169, August 30, 2012, at Pages 52692-52693.
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