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Wednesday, October 17, 2012, Alert No. 2,463.
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FCC Prohibits Robocalls to PSAPs

10/17. The Federal Communications Commission (FCC) adopted and released a Report and Order [36 pages in PDF] that, as directed by the Congress, amends FCC rules to prohibit robocalling to Public Safety Answering Point (PSAP) numbers.

The new rules provide, in part, that "An operator of automatic dialing or robocall equipment is prohibited from using such equipment to contact any telephone number registered on the PSAP Do-Not-Call registry other than for an emergency purpose. This prohibition encompasses both voice and text calls."

Also, the new rules define "emergency purpose" as "A call made necessary in any situation affecting the health and safety of any person."

The new rules thus allow automated calls to PSAPs from home emergency systems.

FCC Chairman Julius Genachowski wrote in his statement that "robocalls can be seriously irritating". FCC Commission Robert McDowell wrote in his statement that "autodialed calls and robocalls are annoying". However, this order provides no relief to ordinary individuals and businesses who are vexed, annoyed and repeatedly interrupted by robocallers.

The Congress directed the FCC to write these rules in the same bill that provided for incentive auctions and the creation of a public safety broadband network, HR 3630 [LOC | WW], the "Middle Class Tax Relief and Job Creation Act of 2012". It is Public Law No. 112-96. See, Section 6507.

The bill, and these new rules, provide that the monetary penalty for robocalling PSAPs ranges from $10,000 per call to $100,000 per call. The rules provide that "the monetary penalty for contacting such a telephone number shall be not less than $10,000 per call nor more than $100,000 per call depending on whether the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the violation was a first or subsequent offense."

The new rules also prohibit unauthorized disclosure or dissemination of registered PSAP numbers.

FCC Commissioner Ajit Pai wrote in his statement that "When Americans call 911, it is vital that they reach emergency personnel quickly. Indeed, it is often a matter of life and death. Public safety lines therefore can’t be tied up with non-emergency calls, and those who staff Public Safety Answering Points (PSAPs) can’t be diverted by such calls."

This Report and Order is FCC 12-129 in CG Docket No. 12-129.

FCC Commissioners Praise Wireless Monthly Usage Alerts

10/17. The Federal Communications Commission (FCC) held an event titled "Open Meeting" on November 17, 2012, at which FCC staff made a presentation, and Commissioners made statements, regarding the wireless service providers' program for sending usage alerts to their customers.

The FCC adopted no rules. However, on October 14, 2010, the FCC adopted a Notice of Proposed Rulemaking (NPRM) that proposed a regulatory regime for service providers' communications with their customers. FCC Chairman Julius Genachowski and other proponents described such regulation as "bill shock" relief. See, story titled "FCC Adopts Bill Shock NPRM" in TLJ Daily E-Mail Alert No. 2,142, October 19, 2010. That NPRM is FCC 10-180 in CG Docket No. 10-207 and CG Docket No. 09-158.

The FCC had previously issued a Public Notice requesting comments on imposing a "bill shock" regulatory regime. See, stories titled "FCC Starts Bill Shock Proceeding" and "FCC Releases Paper on Consumer Understanding of Cell Phone Billing Practices" in TLJ Daily E-Mail Alert No. 2,088, May 27, 2010.

On October 17, 2011, the CTIA and participating wireless service providers announced a voluntary program for sending free alerts on subscribers' voice, data, messaging and international service usage as part of the CTIA Consumer Code for Wireless Service.

Steve Largent, head of the CTIA stated in a release on October 17, 2012 that "all of CTIA’s member signatories to the Consumer Code have met their commitment. Currently, each provider offers notifications in at least two of the applicable four categories of service, and will meet -- or beat -- next April’s deadline."

FCC Commissioner Robert McDowell wrote in his statement for the October 17 meeting that "This result was produced without a government mandate, which provides us with a model for future non-governmental solutions". He said that "cooperative efforts, rather than forced mandates, yield the best results".

FCC Chairman Julius Genachowski wrote in his statement that "we put our rulemaking on hold and said we would take a ``trust, but verify´´ approach to ensuring that carriers take these steps to help eliminate bill shock, and that consumers are treated as they deserve. Today we can verify that carriers are living up to their commitments."

FCC Commissioner Jessica Rosenworcel wrote in her statement that "the Commission needs to remain the cop on the beat".

See also, FCC release, statement of Mignon Clyburn, and statement of Ajit Pai.

See also, TLJ stories titled:

Pai Defends Usage Based Pricing

10/17. Federal Communications Commission (FCC) Commissioner Ajit Pai addressed unit based pricing (UBP) at the FCC's event on October 17, 2012 titled "Open Meeting".

The matter before the FCC was the voluntary industry program for sending wireless service usage alerts to customers. See, related story in this issue titled "FCC Commissioners Praise Wireless Monthly Usage Alerts".

However, Pai spoke more broadly. He wrote in his statement that "I also hope that the Commission will continue its hands-off policy when it comes to usage-based pricing in the wireless world."

He elaborated that "Most of us know and accept that the more we consume, the more we pay. If you use more electricity or water at your home, your bill will go up. If you order more food at a restaurant, you will be charged more. The more clothes you buy at the department store, the more money you will have to fork over. The government can’t interfere with this fundamental tenet of our free-market economy without unintended and unpleasant results, and we should be clear that the FCC will not travel down that path."

See also, stories titled "Public Knowledge Paper Urges FCC Oversight of BIAS Pricing Plans" in TLJ Daily E-Mail Alert No. 2,380, April 25, 2012, and "Phoenix Center Defends BIAS UBP" in TLJ Daily E-Mail Alert No. 2,385, May 23, 2012.

FCC Adopts WCS Band Order

10/17. The Federal Communications Commission (FCC) adopted and released an Order on Reconsideration [103 pages in PDF] regarding the Wireless Communications Service (WCS) band.

This implements a proposal put forth by AT&T and Sirius XM that is intended to enable AT&T to use most of the WCS band for LTE mobile broadband wireless service. The WCS band has remained unused for years because of issues regarding interference with use in the adjacent satellite radio band.

Sirius XM holds the licenses in the Satellite Digital Audio Radio (SDARS) band. AT&T holds licenses in the WCS band, and there are applications to assign other licenses in the WCS band to AT&T.

FCC Chairman Julius Genachowski wrote in his statement that "The WCS band is a long-troubled band that has evaded easy answers for 15 years. I am pleased that we are now solving it."

Although, the FCC has announced that it has solved this problem before.

Background. The FCC auctioned this WCS spectrum in 1997, but it has remained mostly unused. It is adjacent to the SDARS band. 2305-2320 MHz and 2345-2360 MHz is WCS spectrum. 2320-2345 MHz is SDARS spectrum.

In 2007 the FCC adopted a Notice of Proposed Rulemaking (NPRM) and Second Further NPRM [28 pages in PDF] regarding rules and policies for licensing satellite digital audio radio service (SDARS) terrestrial repeaters in the 2320-2345 MHz frequency band. It stated that "A principal challenge in establishing a regulatory framework for SDARS repeaters has been the difficulty of resolving potential interference issues between SDARS repeaters and the proposed operations of terrestrial licensees in the Wireless Communications Service (WCS) in adjacent frequency bands that will permit the two services to co-exist." That item is FCC 07-215 in WT Docket No. 07-293 and IB Docket No. 95-91.

The FCC's March 15, 2010 staff report [376 pages in PDF] titled "A National Broadband Plan for Our Future" recommended that the FCC make more spectrum available for broadband internet access services. That report stated that "The FCC should make 20 megahertz available for mobile broadband use in the 2.3 GHz Wireless Communications Service (WCS) band, while protecting neighboring federal, non-federal Aeronautical Mobile Telemetry (AMT) and satellite radio operations." (See, pages 75 and 85.)

That 2010 staff report elaborated that the FCC "established the 2.3 GHz WCS band in 1997. At that time, the FCC adopted strict operating parameters to protect operations in the adjacent Satellite Digital Audio Radio (SDARS) band. Certain WCS technical rules, particularly the out-of-band emission (OOBE) limits, largely preclude the provision of mobile broadband services in the spectrum. Based on an extensive record, the FCC should revise certain technical rules, including the WCS OOBE limits, to enable robust mobile broadband use of the 2.3 GHz WCS spectrum, while protecting federal, non-federal AMT and satellite radio operations in the neighboring SDARS band." (See, page 85. Footnotes omitted.)

In May of 2010 the FCC revised its technical rules, and imposed build out requirements, for this band. See, Report and Order and Second Report and Order (R&O) [155 pages in PDF] regarding mobile broadband use of 25 MHz of spectrum in the 2.3 GHz Wireless Communications Service (WCS) band. See also, story titled "FCC Adopts WCS-SDARS R&O" in TLJ Daily E-Mail Alert No. 2,087, May 26, 2010. That item is FCC 10-82 in WT Docket No. 07-293 and IB Docket No. 95-91.

The just released order addresses petitions for reconsideration of the 2010 R&O.

AT&T and Sirius XM submitted a joint proposal to the FCC on June 15, 2012, which largely serves as the basis for this order.

Reaction. Joan Marsh of AT&T stated in a release that "we anticipate that the service rules adopted today will permit deployment of LTE technologies in the WCS band while ensuring that satellite radio services are protected from unreasonable interference", and that "We expect to commence deployment of LTE infrastructure in the band in as early as three years".

The CTIA's Chris McCabe stated in a release that this action facilitates "the deployment of mobile broadband services in the Wireless Communications Service band. Freeing up underutilized spectrum is a critical component in the effort to meet the rapidly-escalating demand for mobile broadband services."

Matt Wood of the Free Press stated in a release that "The compromise between AT&T and XM-Sirius is a positive move for mobile broadband deployment, and we are pleased the FCC acted quickly to approve this proposal. Consumers are better off when carriers like AT&T utilize their existing spectrum instead of pursuing growth strategies that reduce competition and choice."

And, Wood asserted once again that "the talk of a spectrum crunch is more rhetoric than reality."

This order is FCC 12-130 in WT Docket No. 07-293 and IB Docket No. 95-91.

FCC Allows Cable Operators to Encrypt Basic Service Tier

10/12. The Federal Communications Commission (FCC) released a Report and Order [43 pages in PDF] regarding cable operators' encryption of basic tier service.

This Report and Order (R&O) states that "we amend our rules to allow cable operators to encrypt the basic service tier in all-digital cable systems if they comply with certain consumer-protection measures. As discussed below, this rule change will benefit consumers who can have their cable service activated and deactivated from a remote location. By allowing remote activation and deactivation, we expect our amended rules will result in benefits to both cable operators and consumers by significantly reducing the number of truck rolls associated with provisioning service and significantly reducing the need for subscribers to wait for service calls to activate or deactivate cable service."

It continues that "we recognize that this rule change will adversely affect a small number of cable subscribers who currently view the digital basic service tier without using a set-top box or other equipment. If a cable operator decides to encrypt the digital basic tier, then these subscribers will need equipment to continue viewing the channels on this tier. To give those consumers time to resolve the incompatibility between consumer electronics equipment (such as digital television sets) and newly encrypted cable service, we require operators of cable systems that choose to encrypt the basic service tier to comply with certain consumer protection measures for a period of time."

In addition, this R&O states that "we note that this rule change may impact the ability of a small number of subscribers that use certain third-party equipment that is not CableCARD compatible to access channels on the basic service tier. To address this issue, we require the six largest incumbent cable operators to comply with additional requirements that are intended to ensure compatibility with certain third-party-provided equipment used to access the basic tier."

Michael Powell, head of the National Cable & Telecommunications Association (NCTA), stated in a release that "By permitting cable operators to join their competitors in encrypting the basic service tier, the Commission has adopted a sensible, pro-consumer approach that will reduce overall in-home service calls and accelerate cable operators’ transition to all-digital networks. Encryption of the basic tier also enhances security of the network which reduces service theft that harms honest customers. We commend the FCC for updating its rules to promote these consumer and competitive benefits."

Matthew Polka, head of the American Cable Association (ACA) stated in a release that this "is a true win-win for consumers and cable operators, especially providers of cable service in high-cost rural areas. ... In our view, the FCC ruling will permit cable operators to encrypt the digital basic service tier and activate and deactivate customer service from remote locations, including headends. This means that providers will no longer need to send technicians to perform simple in-home tasks and that consumers will no longer need to remain at home to await service calls."

John Bergmayer of the Public Knowledge (PK), a constant critic of cable companies, wrote in a short piece that "There's some good and some bad in what the FCC did".

This R&O is FCC 12-126 in MB Docket No. 11-169 and PP Docket No. 00-67. The FCC adopted it on October 10, and released it on October 12.

More FCC News

10/9. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets comment deadlines for its Notice of Proposed Rulemaking (NPRM) [50 pages in PDF] regarding spectrum aggregation limits and analyzing spectrum holdings. The deadline to submit initial comments is November 23, 2012. The deadline to submit reply comments is December 24, 2012. The FCC adopted and released this item on September 28, 2012. It is FCC 12-119 in WT Docket No. 12-269. See, FR, Vol. 77, No. 195, October 9, 2012, at Pages 61330-61350. See also, TLJ story titled "FCC Adopts Spectrum Aggregation NPRM" in TLJ Daily E-Mail Alert No. 2,455, October 1, 2012.

10/9. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets comment deadlines for its Notice of Proposed Rulemaking (NPRM) [57 pages in PDF] regarding cable TV technical rules. The deadline to submit initial comments is December 10, 2012. The deadline to submit reply comments is January 7, 2013. The FCC adopted and released this item on August 3, 2012. It is FCC 12-86 in MB Docket No. 12-217. See, FR, Vol. 77, No. 195, October 9, 2012, at Pages 61351-61375. See also, TLJ story titled "FCC Adopts NPRM Regarding Cable TV Technical Rules" in TLJ Daily E-Mail Alert No. 2,421, August 5, 2012.

People and Appointments

10/17. Federal Communications Commission (FCC) Chairman Julius Genachowski announced changes to his PR team. Neil Grace, who was his Press Secretary, will be "Senior Communications Advisor to the FCC". Justin Cole, who previously handled PR for Tata Communications (America) Inc., will replace Grace as Press Secretary. See, FCC release.

10/11. Mark Lloyd joined the New America Foundation (NAF) as head of its "Media Policy Initiative". Lloyd previously worked for the Federal Communications Commission (FCC) Office of General Counsel (OGC), the Leadership Conference on Civil Rights (LCCR), the Center for American Progress (CAP), the Benton Foundation, and the law firm of Dow Lohnes. The NAF stated in a release that it "formulates policy and regulatory reforms to foster the development of a healthy media that satisfies the needs of democracy in the 21st century". The NAF has hosted events at which speakers have advocated government media, and government subsidization of news media.

More News

10/10. The Department of Commerce's (DOC) National Oceanic and Atmospheric Administration's (NOAA) Science Advisory Board released, and requested comments regarding, its draft report [21 pages in PDF] titled "A Review of NOAA’s Future Satellite Program: A Way Forward". The deadline to submit comments is 5:00 PM on November 9, 2012. See, notice in the Federal Register, Vol. 77, No. 196, October 10, 2012, at Page 61573.

10/4. The Organisation for Economic Cooperation and Development (OECD) published, and offered for sale, a report titled "OECD Internet Economy: Outlook 2012". The OECD released online for free a release and preview. James Waterworth of the Computer and Communications Industry Association (CCIA) stated in a release that "This report underlines the key role of the Internet in job creation and restoring growth both via the value ICT firms create and the indirect effects on the rest of the economy The ICT sector, especially Internet services with 31% average annual revenue growth between 2000-2011, grew tremendously at a time when most other sectors were seeing flat growth and declines. This underscores the need to promote Internet openness and balanced approaches to intellectual property policy so that the tech sector can continue to thrive and help lead the economic recovery."

In This Issue
This issue contains the following items:
 • FCC Prohibits Robocalls to PSAPs
 • FCC Commissioners Praise Wireless Monthly Usage Alerts
 • Pai Defends Usage Based Pricing
 • FCC Adopts WCS Band Order
 • FCC Allows Cable Operators to Encrypt Basic Service Tier
 • More FCC News
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Thursday, October 18

The House will not meet. It is in recess, except for pro forma sessions, until after the November elections.

The Senate will not meet. It is in recess, except for pro forma sessions, until November 13, 2012.

7:45 AM - 12:45 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Engineering. See, notice in the Federal Register Vol. 77, No. 189, September 28, 2012, at Pages 59674-59675. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

9:00 AM - 5:00 PM. The Federal Trade Commission (FTC) will host an event titled "FTC Robocall Summit". Free. Open to the public. See, notice and agenda. Location: FTC Conference Center, 601 New Jersey Ave., NW.

9:00 - 10:00 AM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Cartel Enforcement Around the World: Chapter 6: Taiwan, Singapore & India". The speakers will be Mark Rosman (Wilson Sonsini), Liehling Wu (Taiwan Fair Trade Commission), Ng Ee Kia (Drew & Napier), and Vinod Dhall (Dhall Law Chambers). Free. No CLE credits. See, notice.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in PMCM TV v. FCC, App. Ct. No. 11-1330. This is an appeal from an order of the FCC denying applications to reallocate VHF TV licenses under 47 U.S.C. § 331(a). See, FCC brief [89 pages in PDF]. Judges Garland, Tatel, and Kavanaugh will preside. This is the third item on the Court's agenda. Location: Courtroom 11, 4th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

11:45 AM - 2:30 PM. The Free State Foundation (FSF) will host an event titled "Ideas for Communications Law and Policy Reform for 2013". The speakers will include FCC Commissioner Robert McDowell, Randolph May (FSF), Robert Atkinson (Information Technology & Innovation Foundation), James Gattuso (Heritage Foundation), David Honig (Minority Media & Telecommunications Council), and Adam Thierer (Mercatus Center). Open to the public. Registration required: send e-mail to kbaker at freestatefoundation dot org. Lunch will be served. Location. National Press Club, 13th Floor, 529 14th St., NW.

1:00 - 5:00 PM. The Department of State's (DOS) Advisory Committee on Private International Law's (ACPIL) Online Dispute Resolution (ODR) Study Group will meet. The purpose is to prepare for November 5-9, 2012 meeting of the United Nations Commission on International Trade Law Working Group III  regarding online dispute resolution pertaining to cross border electronic commerce transactions. See, notice in the Federal Register, Vol. 77, No. 184, September 21, 2012, at Page 58607. Location: DOS, Navy Hill, Room 240, South Building, 2430 E St., NW.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "A Debate: Is the American Economy in Decline?". The speakers will be Robert Atkinson (ITIF, author of the book titled "Innovation Economics: The Race for Global Advantage"), Edward Luce (Financial Times, author of the book titled "Time to Start Thinking: America in the Age of Descent"), and Daniel Gross (author of the book titled "Better Stronger Faster: The Myth of American Decline ... and the Rise of a New Economy") . See, notice. Location: Woodrow Wilson Center for International Scholars, 5th Floor Conference Room, 1300 Pennsylvania Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Meet the Bureau and Office Chiefs Reception". Prices vary. See, notice and registration form. Location: Capital Hilton, 1001 16th St., NW.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the three robocallers' petitions for reconsideration of the FCC's order [48 pages in PDF] regarding implementation of the Telephone Consumer Protection Act (TCPA) and telemarketing robocalling. The FCC adopted and released this order on February 15, 2012. It is FCC 12-21 in CG Docket No. 02-278. See, petition [23 pages in PDF] of the Professional Association for Customer Engagement, petition [2 pages in PDF] of Marketlink, Inc., and petition [5 pages in PDF] of SatCom Marketing LLC. They object to, among other things, the abandoned call opt-out provision. See also, notice in the Federal Register, Vol. 77, No. 192, October 3, 2012, at Page 60343.

Friday, October 19

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

Day one of a two day event titled "2012 National Trademark Expo". Free. Open to the public. See, notice. Location: U.S. Patent and Trademark Office (USPTO), Alexandria, VA.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "America Invents Act: Understanding the New Post-Grant and Inter Partes Review Proceedings". The speakers will be Donna Meuth (Eisai Inc.), Michael Tierney (Judge, Board of Patent Appeals and Interferences, USPTO), and Jonathan Sick (McAndrews Held & Malloy). Prices vary. CLE credits. See, notice.

Extended deadline to submit comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding creating a small copyright claims process. See, original notice in the Federal Register (FR), Vol. 77, No. 164, August 23, 2012, at Pages 51068-51071, which contains the NOI. See also, extension notice in the FR, Vol. 77, No. 179, September 14, 2012, at Pages 56874-56875, which extends the deadline from September 26 to October 19. See also, stories titled "Copyright Office Seeks Comments on Creating a Process for Adjudicating Small Copyright Claims", "Orphan Works Legislation and Adjudicating Small Copyright Claims", and "Summary of First Round of Comments on Creating a Process for Adjudicating Small Copyright Claims" in TLJ Daily E-Mail Alert No. 2,445, September 11, 2012.

Saturday, October 20

Day two of a two day event titled "2012 National Trademark Expo". Free. Open to the public. See, notice. Location: U.S. Patent and Trademark Office (USPTO), Alexandria, VA.

Monday, October 22

10:30 AM - 1:00 PM. The Heritage Foundation (HF) will host an event titled "The Economic and Security Direction of the New Chinese Government". There will be two panels. The first is titled "Politics and Security". The speakers will be Cheng Li (Brookings Institution), Chris Yung (National Defense University), Dean Cheng (HF), and Walter Lohman (HF). The second panel is titled "Economics". The speakers will be Arvind Subramanian (Peterson Institute for International Economics), Melanie Hart (Center for American Progress), Derek Scissors (HF), and Terry Miller (HF). Free. Open to the public. Live webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON - 2:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Antitrust Fundamentals". The speakers will be Andrea Murino (Wilson Sonsini), Subrata Bhattacharjee (Heenan Blaikie), Carolyn Feeney (Dechert), Robert Maness (Charles River Associates), and Adam Biegel (Alston & Bird). CLE credits. Prices vary. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Taking the RAND Case to Trial". The speakers will be Eric Benisek and Richard Vasquez (both of Vasquez Benisek & Lindgren). Prices vary. CLE credits. See, notice.

Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division regarding the proposed final judgment in US v. Verizon, D.C. No. Case 1:12-cv-01354. See, notice in the Federal Register, Vol. 77, No. 164, August 23, 2012, at Pages 51048-51064. See also, story titled "DOJ Approves Verizon Cable Deals" in TLJ Daily E-Mail Alert No. 2,429, August 15, 2012.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of inquiry regarding changing its trademark application filing fees. See, original notice in the Federal Register (FR), Vol. 77, No. 159, August 16, 2012, at Pages 49426-49427, and extension notice in the FR, Vol. 77, No. 182, September 19, 2012, at Page 58097.

Tuesday, October 23

The Senate will meet at 1:00 PM in pro forma session.

9:00 AM - 5:00 PM. The U.S. China Economic and Security Review Commission will meet to consider drafts of material for its 2012 annual report to Congress. See, original notice in the Federal Register (FR), Vol. 77, No. 143, July 25, 2012, at Pages 43662-43663, and second notice in the FR, Vol. 77, No. 171, September 4, 2012, at Pages 53965-53966. Location: Hall of the States, Conference Room 231, 444 North Capitol St., NW.

12:00 NOON - 1:00 PM. The Department of Justice's (DOJ) Antitrust Division's (AD) Economic Analysis Group (EAG) will host a presentation titled "Calibrating Demand Systems and Simulating Mergers: The Antitrust R Package". The speaker will be Charles Taragin (DOJ). This is a brown bag lunch. 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 St., NW.

6:00 - 8:15 PM. The Federal Communications Commission (FCC) will host an event titled "Nuts and Bolts of Applications for Approval of Assignments or Transfers of Licenses in the Broadcast, Cable, and Satellite Industries". The speakers will include David Brown (Associate Division Chief of the FCC's Media Bureau's Video Division), Michael Wagner (Assistant Division Chief the FCC's MB's Audio Division), and Wayne McKee (Deputy Chief of the FCC's MB's Engineering Division), Karl Kessinger (Associate Chief of the FCC's International Bureau's Satellite Division), and Kenneth Satten (Wilkinson Barker Knauer). CLE credits. The Federal Communications Bar Association (FCBA) states that this is an event of its Transactional Practice Committee. Registrations and cancellations due by 12:00 NOON on October 22. See, notice. Location: Mayer Brown, 1999 K St., NW.

6:00 - 8:00 PM. The American Bar Association (ABA) will host an event titled "Changing Hats: Reception and Roundtable on Antitrust Careers". The speakers will be Amy Manning (McGuire Woods), Sharis Pozen (Skadden Arps), Jeff Jacobovitz (McCarthy Sweeney & Harkaway), Scott Scheele (Chief of the DOJ's Antitrust Division's Telecommunications and Media Section), and Mary Jean Fell (Sprint Nextel). No CLE credits. Free. See, notice. Location: Skadden Arps, 11th Floor Conference Room, 700 14th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the Government Accountability Office's (GAO) report [51 pages in PDF] titled "Federal Communications Commission: Regulatory Fee Process Needs To Be Updated", and released on September 10, 2012. See, notice in the Federal Register, Vol. 77, No. 193, October 4, 2012, at Pages 60666-60667. This is also the extended deadline to submit reply comments in response to the Notice of Proposed Rulemaking (NPRM) regarding proposed changes to the FCC's policies and procedures for assessing and collecting regulatory fees. The FCC adopted this NPRM on July 13, 2012, and released it on July 17, 2012. It is FCC 12-77 in MD Docket No. 12-201. See also, notice in the FR, Vol. 77, No. 160, August 17, 2012, at Pages 49749-49773.

Wednesday, October 24

9:00 AM - 5:00 PM. The U.S. China Economic and Security Review Commission will meet to consider drafts of material for its 2012 annual report to Congress. See, original notice in the Federal Register (FR), Vol. 77, No. 143, July 25, 2012, at Pages 43662-43663, and second notice in the FR, Vol. 77, No. 171, September 4, 2012, at Pages 53965-53966. Location: Hall of the States, Conference Room 231, 444 North Capitol St., NW.

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).

5:00 PM. Second extended deadline to submit reply comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) that announces, describes, recites and requests comments on its proposed rules regarding the verification of Statements of Account and royalty payments that are deposited with the CO by cable operators and satellite carriers. See, original notice in the FR, Vol. 77, No. 115, June 14, 2012, at Pages 35643-35652, first extension notice in the FR, Vol. 77, No. 176, September 11, 2012, at Page 55783, and second extension notice in the FR, Vol. 77, No. 192, October 3, 2012, at Pages 60333-60334.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (DA 12-1411) regarding the auction of certain FM broadcast construction permits scheduled to commence on March 26, 2013, and the competitive bidding procedures for Auction 94. See, notice in the Federal Register, Vol. 77, No. 193, October 4, 2012, at Pages 60690-60695.

Thursday, October 25

Day one of a three day conference hosted by the American Intellectual Property Law Association (AIPLA) titled "AIPLA Annual Meeting". Location: Marriott Wardman Park.

9:30 AM - 5:15 PM. The DC Bar Association will host a one day event titled "IP Basic Training: Patents, Trademarks, and Copyrights". The speakers will be Joanne Lint (McDermott Will & Emery), Laura Possessky (Gura & Possessky), and Paul Rivard (Banner & Witcoff). One can register for components of this program. The patents portion will be at 9:30 - 11:45 AM. The trademark portion will be at 12:30 - 2:45 PM. The copyright portion will be at 3:00 - 5:15 PM. Prices vary. 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.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Revising COPPA: A Discussion of the FTC’s Proposals". The speakers will be Dan Castro (ITIF), Emma Llanso (Center for Democracy & Technology), Morgan Reed (Association for Competitive Technology), Berin Szoka (Tech Freedom), and Stephen Balkam (Family Online Safety Institute). Free. Open to the public. Lunch will be served. Live webcast. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

2:00 - 3:30 PM. The American Enterprise Institute (AEI) will host an event to release and discuss a report titled "What Taiwan Must Do to Be Globally Competitive". The speakers will be Dan Blumenthal (AEI), Mignonne Chan (Chinese Taipei Asia-Pacific Economic Cooperation Study Center), Rupert Hammond-Chambers (US-Taiwan Business Council), Derek Scissors (Heritage Foundation), and Gary Schmitt (AEI). Free. Open to the public. Live webcast. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Randall Lewis (Google) titled "Advertising Externalities". For more information, contact Christopher Metcalf at cmetcalf at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:15 PM. The Federal Communications Commission (FCC) will host an event titled "Developing Rules for the Broadcast Incentive Auction". The speakers will include __. CLE credits. Prices vary. The Federal Communications Bar Association (FCBA) states that this is an event of its Wireless Telecommunications Committee. Registrations and cancellations due by 12:00 NOON on October 24. See, notice. Location: __.

EXTENDED TO NOVEMBER 26. Deadline to submit reply 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 notice in the Federal Register (FR), Vol. 77, No. 145, Friday, July 27, 2012, at Pages 44179-44197, and extension notice in the FR, Vol. 77, No. 176, September 11, 2012, at Pages 55783-55784.

EXTENDED FROM SEPTEMBER 25. Extended 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 notice in the Federal Register (FR), Vol. 77, No. 145, Friday, July 27, 2012, at Pages 44179-44197, and extension notice in the FR, Vol. 77, No. 176, September 11, 2012, at Pages 55783-55784.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice in the Federal Register (FR) that announces, describes, and recites its proposed rules regarding when a transaction involving the transfer of rights to a patent in the pharmaceutical, including biologics, and medicine manufacturing industry is reportable under the Hart Scott Rodino Act. See, FR, Vol. 77, No. 161, Monday, August 20, 2012, at Pages 50057-50062.

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