10/24. The European Commission (EC) stated in a release that it "has informed Microsoft of its preliminary view that Microsoft has failed to comply with its commitments to offer users a choice screen enabling them to easily choose their preferred web browser."

Microsoft stated in a release that "we ... moved quickly to address this problem as soon as we became aware of it. Although this was the result of a technical error, we take responsibility for what happened, and we have taken steps to strengthen our internal procedures to help ensure something like this cannot happen again. We sincerely apologize for this mistake and will continue to cooperate fully with the Commission."

The EC added that "In December 2009, the Commission had made legally binding on Microsoft commitments offered by the US software company to address competition concerns related to the tying of Microsoft's web browser, Internet Explorer, to its dominant client PC operating system Windows ...  Specifically, Microsoft committed to make available for five years (i.e. until 2014) in the European Economic Area a ``choice screen´´ enabling users of Windows to choose in an informed and unbiased manner which web browser(s) they wanted to install in addition to, or instead of, Microsoft's web browser." (Parentheses in original.)

See also, story titled "Microsoft Commits to EC to Offer Windows Without Browser in Europe" in TLJ Daily E-Mail Alert No. 2,024, December 17, 2009.

Also, Joaquín Almunia, VP of the European Commission responsible for Competition Policy, made a statement on October 24. He said that "In addition, third parties have been raising various issues about other aspects of Microsoft's compliance. We have carefully looked at them during this investigation and we do not see grounds, at this point, for further intervention."

The EC's antitrust proceeding against Microsoft has run for almost a decade. See also, stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004; "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004; "European Court of First Instance Rejects Key Parts of Microsoft's Appeal" in TLJ Daily E-Mail Alert No. 1,639, September 14, 2007; and "EC Demands More Money From Microsoft" in TLJ Daily E-Mail Alert No. 1,723, February 26, 2007.

11/10. Renatta Hesse, a Deputy Assistant Attorney General in the Department of Justice's (DOJ) Antitrust Division, gave a speech [12 pages in PDF] in Geneva, Switzerland, titled "Six Small Proposals for SSOs Before Lunch".

She offered six non-mandatory proposals for standards setting organizations (SSOs) with respect to standards essential patents (SEPs) that she said would be beneficial to competition. She also said that the DOJ "is ready to enforce the antitrust laws against standard-setting activities that harm competition". And, she invited SSOs to take advantage of the DOJ's business review letter process.

Introduction. She began with this general statement about the antitrust laws and intellectual property. "Section 1 of the Sherman Act prohibits agreements that unreasonably restrain trade. Section 2 of the Sherman Act prohibits monopolization where monopoly power is obtained or maintained by suppressing competition through anticompetitive conduct, but not where it is obtained through superior skill, foresight, or industry. The Clayton Act prohibits mergers or acquisitions that are likely to lessen competition. When enforcing these laws where intellectual property rights are involved, the division identifies and seeks to prevent illegal collusive or exclusionary conduct while, at the same time, preserving the incentives to innovate created by those intellectual property rights."

She then said that the DOJ works to ensure that "competition, patent rights and collaboratively set standards" work together optimally "to provide consumers with high-quality mobile wireless products and services at competitive prices while preserving incentives for the innovation that creates and improves those products".

She said that patents "have long played a central role in promoting innovation and economic growth by encouraging individuals and companies to apply their knowledge, take risks and invest in research and development to create a new product or process".

In addition, "Interoperability standards enable the complementary products of diverse systems to work together. In so doing, they promote efficient resource allocation and production which encourages innovation."

FTC/DOJ 2007 Report. She continued with a discussion of a 2007 joint report of the DOJ and Federal Trade Commission (FTC). She said that "our findings remain highly relevant today."

On April 17, 2007, the FTC and DOJ released a report [217 pages in PDF] titled "Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition". See also, story titled "FTC and DOJ Release Report on IPR and Antitrust" in TLJ Daily E-Mail Alert No. 1,566, April 17, 2007.

She explained that the DOJ and FTC found then that "standards serve the public interest" and that "firms benefit from participating in standard-setting processes". However, "collaborative standard-setting does not come without some risks to competition. In particular, when a standard incorporating patented technology (owned by a participant in the standard-setting process) becomes established, switching may become difficult and expensive. This lock-in may cause that particular technology to gain market power. Patent holders may seek to take advantage of that market power by engaging in one form of patent hold-up, such as excluding a competitor from a market or obtaining an unjustifiably higher price for its invention than would have been possible before the standard was set." (Parentheses in original.)

She noted that "most standards bodies have adopted patent policies that seek commitments from participants to license the patents they own that are essential to the standard (standard-essential patents) on ``reasonable and non-discriminatory´´ (RAND) in the United States or ``fair, reasonable, and non-discriminatory´´ (FRAND) terms in Europe and other jurisdictions", but that this leaves "inherent ambiguity".

Business Review Letters. She discussed two business review letters issued by the DOJ in 2006 and 2007 regarding RAND. She said that the 2006 letter to the VITA "noted that we would deem licensing activities used as a sham to cover up bid rigging by patentees or the price-fixing of downstream products a per se violation of the Sherman Act and prosecute them as such". See, October 30, 2006, letter to the VITA, and story titled "DOJ Approves VITA Patent Policy" in TLJ Daily E-Mail Alert No. 1,479, October 31, 2006.

She also referenced the 2007 letter to the IEEE. See, April 30, 2007, letter to the IEEE, and story titled "Antitrust Division Will Not Oppose IEEE's Standards Setting Process" in TLJ Daily E-Mail Alert No. 1,573, May 2, 2007.

She commented that "standards bodies have no affirmative duty to implement an ex ante licensing policy, and the VITA and IEEE policies are not the only way standards bodies could approach this issue. We are aware that, thus far, there has been little inclination among standards bodies to follow VITA's and IEEE's lead regarding ex ante licensing disclosures. We saw then, and continue to see now, the potential benefits to competition from the implementation of such an approach."

She encouraged "standards bodies that revise their patent policies to seek ex ante review through our business review procedures, as VITA and IEEE did, if the proposed revisions could impact competition."

The DOJ Antitrust Division's rules governing its business review process are codified at 28 C.F.R. § 50.6.

Also, the FTC issues advisory opinions on competition issues. Its rules are codified at at 16 CFR §§ 1.1-1.4. See also, story titled "FTC Releases Guidance on Requesting Advisory Opinions on Competition Issues" in TLJ Daily E-Mail Alert No. 2,252, June 30, 2012.

Six Proposals. She then listed six "policy choices that standards bodies could implement".

First, "Establish procedures that seek to identify, in advance, proposed technology that involves patents which the patent holder has not agreed to license on F/RAND terms and consciously determine whether that technology should be included in the standard".

Second, "Make it clear that licensing commitments made to the standards body are intended to bind both the current patent holder and subsequent purchasers of the patents and that these commitments extend to all implementers of the standard, whether or not they are a member of the standards body".

Third, "Give licensees the option to license F/RAND-encumbered patents essential to a standard on a cash-only basis and prohibit the mandatory cross-licensing of patents that are not essential to the standard or a related family of standards, while permitting voluntary cross-licensing of all patents".

Fourth, "Place some limitations on the right of the patent holder who has made a F/RAND licensing commitment who seeks to exclude a willing and able licensee from the market through an injunction." She elaborated that "a patent holder who participates in the standard-setting activities and makes a F/RAND licensing commitment is implicitly saying that she will license the patent claims that must be used to implement the standard to any licensee that is willing and able to comply with the licensing terms embodied in the commitment. Thus, it would seem appropriate to limit a patent holder’s right to seek an injunction to situations where the standards implementer is unwilling to have a neutral third-party determine the appropriate F/RAND terms or is unwilling to accept the F/RAND terms approved by such a third-party".

Fifth, "Make improvements to lower the transactions cost of determining F/RAND licensing terms. Standards bodies might want to explore setting guidelines for what constitutes a F/RAND rate or devising arbitration requirements to reduce the cost of lack of clarity in F/RAND commitments. VITA’s patent policy, for example, creates an arbitration procedure to resolve disputes over members’ compliance with the patent policy".

Sixth, "Consider ways to increase certainty that patent holders believe that disclosed patents are essential to the standard after it is set. The number of ``essential´´ patents encumbered by F/RAND licensing commitments at certain standards bodies has increased exponentially in recent years."

But, she added, "implementation of these proposals has not been mandated by any of the division's enforcement actions", and that what "policies to adopt is primarily a private matter for standards bodies".

There currently is no Assistant Attorney General (AAG) in Charge of the Antitrust Division. The last AAG was Christine Varney. She left the DOJ in July of 2011, and joined Cravath Swain. Sharis Pozen then became acting AAG. She has left to join Skadden Arps. Joseph Wayland is now the acting AAG. President Obama has nominated William Baer. See, story titled "Senate Judiciary Committee Approves Baer Nomination" in TLJ Daily E-Mail Alert No. 2,452, September 20, 2012.

10/18. Joaquín Almunia, VP of the European Commission responsible for Competition Policy, gave a speech in Trier, Germany, titled "Competition Enforcement in the EU: Beyond the Integration of Markets". He said that "Our action has helped -- among other things -- to give Europe cheaper telecom services; it has made it easier to choose between airlines; it has accompanied the emergence of the digital sector -- as in the landmark Microsoft cases -- it has brought more choice and better prices to a range of consumer goods, and much more."

10/11. The Federal Trade Commission (FTC) published a notice in the Federal Register (FR) announcing recent Hart Scott Rodino (HSR) grants of early termination of the waiting period provided by law and the premerger notification rules. See, FR, Vol. 77, No. 197, October 11, 2012, at Pages 61753-61755.

10/11. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the Heterogeneous System Architecture Foundation (HSAF) filed a notification of formation, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, FR, Vol. 77, No. 197, October 11, at Page 61786. The HSAF states in its web site that it is " building a heterogeneous compute ecosystem, rooted in industry standards, for combining scalar processing on the CPU with parallel processing on the GPU while enabling high bandwidth access to memory and high application performance at low power consumption." The original members listed in this notice are AMD, ARM, MediaTek, Imagination Technologies Group, and Texas Instruments. The HSAF has also announced additional members, including Qualcomm and Samsung. See, October 3 release and August 31 release.

10/23. The European Parliament (EP) adopted a resolution regarding forthcoming trade negotiations between the EU and US.

This resolution (see, pages 299-307) addresses several technology related issues, including intellectual property, free flow of information on the internet, e-commerce, data security, financial services, and digital markets.

This resolutions states that the EP "Emphasizes that ... there are many areas where progress would be greatly beneficial, in particular regarding the removal of trade barriers, the introduction of measures to ensure better market access, including for investment, the protection of intellectual property rights (IPR), the opening up of public procurement markets to ensure full reciprocity, the clarification, simplification and harmonisation of rules of origin, and the convergence on mutual recognition of regulatory standards".

The EP also "Affirms the importance of IPR to stimulate job and economic growth, and the significance, therefore, that high standards be maintained for IPR protection and enforcement, while promoting the free flow of information and access to the internet".

But, "it might not be feasible, in eventual negotiations, to seek to reconcile across-the-board differences with regards to the IPR obligations typically included in EU and US trade agreements; underlines, however, that the approach proposed for negotiations should be ambitious, aiming at solving the areas of divergence, and at dealing with the IPR matters in a mutually satisfactory manner, while ensuring a satisfactory level of protection for economic operators; reiterates that both EU and US growth and job creation efforts rely on the ability to innovate and produce creatively, and, that being the case, that the transatlantic economy is threatened by counterfeiting and piracy; considers the new EU-US Information and Communication Technology principles as an encouragement for increased synergy".

The EP also "Takes the view that given the increasing importance of e-commerce, data protection standards play an essential role in protecting customers both in the EU and US; stresses that both the EU and the US need to address rising cyber security threats in a concerted manner and in an international context; points out that interoperability and standards in the domain of e-commerce, recognised at global scale, can help to promote more rapid innovation by lowering the risks and costs of new technologies".

The EP also "Calls, in particular, for every effort to be made towards the creation of truly open and integrated transatlantic financial services and digital markets, given the positive effects this would have on both sides of the Atlantic in a reasonably short time frame; encourages the discussion of the inclusion of a financial services chapter, given the interconnected nature of our markets; highlights the importance of intensified exchanges and cooperation of financial services regulators on both side of the Atlantic in order to share best practices and identify regulatory gaps".

10/24. The Office of the U.S. Trade Representative (OUSTR) announced that the US and EU convened a meeting of the Working Group on Investment. The OUSTR stated in a release that this is "a dialogue of senior officials under the auspices of the Transatlantic Economic Council. The meeting was led for the United States by Assistant U.S. Trade Representatives Christine Bliss and L. Daniel Mullaney, and Principal Deputy Assistant Secretary of State for Economic and Business Affairs Deborah McCarthy, and for the European Union by the European Commission’s Director of Services and Investment, Intellectual Property and Public Procurement Rupert Schlegelmilch. The two sides discussed global investment policy and third country issues of common concern, and reaffirmed their shared commitment to maintaining and promoting investment policies that are open, transparent and non-discriminatory, including through the negotiation of high-standard international investment agreements."

10/23. The World Trade Organization (WTO) announced in a release that its Dispute Settlement Body (DSB) established a panel to examine the US complaint against the People's Republic of China regarding anti-dumping and countervailing duties on US automobiles.

10/23. The World Trade Organization (WTO) announced in a release that its Dispute Settlement Body (DSB) established a panel to examine whether the US has complied with DSB recommendations regarding subsidization of Boeing. It also referred to arbitration a request by the EU to take countermeasures for $12 Billion against the US.

10/22. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register (FR) that announces that its Information Systems Technical Advisory Committee will hold a two day, partially closed, meeting on November 7-8, 2012. See, FR, Vol. 77, No. 204, October 22, 2012, at Page 64464.

10/22. The Department of Homeland Security (DHS) published a notice in the Federal Register (FR) that announces, describes, recites, and sets the effective date (November 1, 2012) for, its rules changes that provide for the designation of Taiwan for the Visa Waiver Program. See, FR, Vol. 77, No. 204, October 22, 2012, at Pages 64409-64411.

10/15. The Office of the U.S. Trade Representative (OUSTR) announced in a release that representatives of the US and Israel signed an agreement [33 pages in PDF] regarding the testing and certification of telecommunications equipment. It is titled "Mutual Recognition Agreement between the Government of the United States and the Government of Israel for Conformity Assessment of Telecommunications Equipment". The OUSTR release states that "Israeli regulatory authorities will now accept tests that recognized U.S. laboratories perform to determine the conformity of telecommunications equipment with Israeli technical requirements, rather than requiring additional testing by Israeli laboratories, before American products can be sold in Israel".

10/11. The Office of the U.S. Trade Representative (OUSTR) published a notice in the Federal Register (FR) requesting comments on the complaint (request for consultations) filed by the People's Republic of China (PRC) on September 17 with the World Trade Organization (WTO) against the U.S. alleging violation of WTO obligations in connection with US government imposition of countervailing and anti-dumping duties on numerous products exported by the PRC. Comments are due by November 1, 2012. See, FR, Vol. 77, No. 197, October 11, 2012, at Pages 61819-61820.

10/11. The Office of the U.S. Trade Representative (OUSTR) published a notice in the Federal Register (FR) requesting comments on the complaint (request for consultations) filed by the U.S. on September 18 with the World Trade Organization (WTO) against the People's Republic of China (PRC) alleging violation of WTO obligations in connection with PRC government imposition of countervailing and anti-dumping duties on automobiles exported by the US. Comments are due by November 16, 2012. See, FR, Vol. 77, No. 197, October 11, 2012, at Pages 61818-61819.

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.

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

8:30 AM - 5:30 PM. Day two of a two day conference of the Security Innovation Network, aka SINET, regarding cyber security. For more information, contact Leslie Kesselring (SINET) at 503-358-1012 or lkesselring at security-innovation dot org. See, agenda and NPC notice. Location: National Press Club (NPC), 13th Floor, 529 14th St. NW.

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 Julius Knapp (Chief of the FCC's Office of Engineering & Technology), William Lake (Chief of the FCC's Media Bureau), John Leibovitz (FCC Wireless Telecommunications Bureau), Rebecca Hanson (FCC MB), Paula Boyd (Microsoft), Joe Di Scipio (Fox Television Stations), David Honig (Minority Media & Telecommunications Council), Joan Marsh (AT&T), and Rafi Martina (Sprint Nextel). CLE credits. Prices vary. The Federal Communications Bar Association (FCBA) states that this is an event of its Wireless Telecommunications and Young Lawyers' Committees. Registrations and cancellations due by 12:00 NOON on October 24. See, notice. Location: Bingham McCutchen, 2020 K St., NW.

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.

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

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

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

10:00 - 11:00 AM. The Center for American Progress (CAP) will host an event titled "The United States and India". The main speaker will be Deputy Secretary of State William Burns. See, notice. See also, story titled "Representatives Urge OUSTR to Take Action Against India for Its Protectionist Tech Policies" in TLJ Daily E-Mail Alert No. 2,458, October 4, 2012. Location: CAP, 10th floor, 1333 H St., NW.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a teleconferenced event titled "Criminal Antitrust Update". The speakers will be Anne Marie Cushmac (McGuire Woods) and Paul Victor, Molly Donovan, Seth Farber, Peter Crowther, and Eva Cole (all of Winston Strawn). No CLE credits. Free. See, notice.

1:30 - 3:15 PM. The Federal Communications Commission (FCC) will host an event titled "Workshop to Focus on Broadcaster Issues in the Incentive Auction NPRM". See, notice and agenda. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

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

10:00 AM. The Supreme Court will hear oral argument in Clapper v. Amnesty International, Sup. Ct. No. 11-1025. At issue is whether the plaintiffs have standing to challenge the constitutionality of the "outside the United States" surveillance provision of the Foreign Intelligence Surveillance Act (FISA). See, Supreme Court docket. Location: Supreme Court, 1 First St., NW.

11:00 AM. The Supreme Court will hear oral argument in Kirtsaeng v. Wiley, Sup. Ct. No. 11-697. This case pertains to how the first sale doctrine of the Copyright Act applies to goods made abroad. This issue will affect online secondary markets. See, story titled "Supreme Court Grants Certiorari in Case Regarding First Sale Doctrine" in TLJ Daily E-Mail Alert No. 2,372, April 16, 2012. See also, story titled "Supreme Court Affirms in Costco v. Omega on 4-4 Vote" in TLJ Daily E-Mail Alert No. 2,178, December 14, 2010. See also, Supreme Court docket. Location: Supreme Court, 1 First St., NW.

6:00 - 9:00 PM. The DC Bar Association will host a reception and panel discussion titled "Defending Against Cyber-Intrusions from Both State-Sponsored and Civilian Hackers". The speakers will be Michael Hayden (former head of the NSA and CIA), Eliana Davidson (Deputy General Counsel for Intelligence, DOD), Robert Lee (Arnold & Porter), and Steven Cash (Deck Prism). The price to attend ranges from free to $20. No CLE credits. See, notice. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Why Every Lawyer Should Understand the Basic Concepts of Enterprise Risk Management". This event will cover, among other topics, cyber security. CLE credits. Prices vary. Registrations and cancellations due by 12:00 NOON on October 24. See, notice. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit to the Federal Communications Commission (FCC) replies to 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.

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

9:00 AM - 5:00 PM. Day one of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). See, notice in the Federal Register, Vol. 77, No. 198, October 12, 2012, at Page 62231. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee (SITAC) will hold a partially closed meeting. See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, Page 61737. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, at Page 61790. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

12:00 NOON - 1:15 PM. The American Bar Association (ABA) will host a teleconferenced panel discussion titled "Recent Developments in Two-Sided Markets in US and Canada". The speakers will be Micah Wood (Blakes), David Evans (Global Economics Group), Roger Ware (Queens University), and Leah Brannon (Cleary Gottlieb). Free. No CLE credits. See, notice.

EXTENDED TO NOVEMBER 30. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice 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, August 1, 2012, Pages 45558-45571, and August 3 Public Notice (DA 12-1268). See also, extension notice in the FR, Vol. 77, No. 199, October 15, 2012, at Pages 62480-62481.

Deadline to submit comments to the Federal Aviation Administration (FAA) in response to its request for comments regarding the use of personal electronic devices (PEDs) on commercial aircraft. See, notice in the Federal Register, Vol. 77, No. 170, August 31, 2012, at Pages 53159-53163, and story titled "FAA Opens Proceeding on Use of Personal Electronic Devices on Aircraft" in TLJ Daily E-Mail Alert No. 2,439, September 3, 2012.

Halloween.

9:00 AM - 12:00 NOON. Day two of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). See, notice in the Federal Register, Vol. 77, No. 198, October 12, 2012, at Page 62231. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:00 AM - 12:30 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, at Page 61790. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

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).

12:00 NOON - 1:30 PM. The DC Bar Association will host a closed event titled "What Intellectual Property Attorneys Need to Know About the New gTLD Program". The speakers will be Scott Harlan (Steptoe & Johnson), Brian Winterfeldt (Steptoe & Johnson), and Danny Awdeh (Finnegan). The price to attend ranges from $15 to $25. No CLE credits. For more information, call 202-626-3463. Reporters are barred. See, notice. Location: Steptoe & Johnson, 1330 Connecticut Ave., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Individuals and International Companies Doing Business in the U.S.: Investor Visa Issues". The speakers will be Bernard Wolfsdorf and Mayra  Calo. Prices vary. CLE credits. See, notice.

Extended deadline to submit applications to the U.S. Patent and Trademark Office (USPTO) under its Humanitarian Awards Pilot Program. See, original notice in the Federal Register, Vol. 77, No. 26, February 8, 2012, at Pages 6544-6548. See also, extension notice in the Federal Register, Vol. 77, No. 160, August 17, 2012, at Pages 49782-49783.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-56 A Rev [133 pages in PDF] titled "Recommendation for Pair-Wise Key-Establishment Schemes Using Discrete Logarithm Cryptography".

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its notice in the Federal Register that requests comments regarding the creation of the interoperable public safety broadband network by the First Responder Network Authority, or FirstNet, as required by the spectrum bill enacted in February. See, FR, Vol. 77, No. 193, October 4, 2012, at Pages 60680-6068. See also, story titled "NTIA Releases Public Safety Network NOI" in TLJ Daily E-Mail Alert No. 2,458, October 4, 2012.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Hot Issues in Advertising". CLE credits. Prices vary. Registrations and cancellations due by 12:00 NOON on October 31. See, notice. Location: Drinker Biddle & Reath, 1500 K St., NW.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the complaint (request for consultations) filed by the People's Republic of China (PRC) on September 17 with the World Trade Organization (WTO) against the United States alleging violation of WTO obligations in connection with US government imposition of countervailing and anti-dumping duties on numerous products exported by the PRC. See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, at Pages 61819-61820.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice 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, original notice in the Federal Register (FR), Vol. 77, No. 148, August 1, 2012, at Pages 45558-45571, and August 3 Public Notice (DA 12-1268). See also, extension notice in the FR, Vol. 77, No. 199, October 15, 2012, at Pages 62480-62481.

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