12/4. The U.S. Court of Appeals (DCCir) issued its opinion [30 pages in PDF] in Cellco Partnership v. FCC, rejecting a challenge to the Federal Communications Commission's (FCC) data roaming rules.

The Court of Appeals explained that "Roaming occurs when wireless subscribers travel outside the range of their own carrier’s network and use another carrier’s network infrastructure to make a call. Until the issuance of the rule challenged in this case, mobile carriers' obligation to permit roaming extended only to voice-telephone services."

This is a defeat for Verizon and AT&T.

FCC Chairman Julius Genachowski asserted over broadly in a release that "This unanimous decision confirms the FCC's authority to promote broadband competition and protect broadband consumers."

On April 7, 2011, the FCC adopted and released a Second Report and Order [79 pages in PDF] that imposes common carrier like regulations for data roaming. The Commission divided 3-2, with Democrats Julius Genachowski, Michael Copps and Mignon Clyburn supporting the item, and Republicans Robert McDowell and Meredith Baker dissenting. The majority insisted nevertheless that these are not common carrier rules. And, the Court of Appeals today deferred to the FCC majority's assertion.

The FCC has long imposed voice roaming rules under Title II. The order under review provides that any "Commercial Mobile Data Service" is required to offer roaming arrangements on "commercially reasonable terms and conditions". It puts the FCC in the position of regulating rates. The order is FCC 11-52 in WT Docket No. 05-265.

See also, story titled "FCC Adopts Data Roaming Rules" in TLJ Daily E-Mail Alert No. 2,219, April 7, 2011.

The Court of Appeals concluded that "Title III of the Communications Act of 1934 plainly empowers the Commission to promulgate the data roaming rule. And although the rule bears some marks of common carriage, we defer to the Commission's determination that the rule imposes no common carrier obligations on mobile-internet providers."

Title II gives the FCC broad authority to regulate common carrier services. But, wireless data service is not a common carrier service. The FCC previously determined that wireless internet access is an information service.

On March 22, 2007, the FCC adopted a Declaratory Ruling (DR) that declares that wireless broadband internet access service is an information service. This DR is FCC 07-30 in WT Docket No. 07-53. See also, story titled "FCC Declares Wireless Broadband Is An Information Service" in TLJ Daily E-Mail Alert No. 1,556, March 26, 2007.

However, wireless carriers must comply with Title II common carrier requirements in providing voice service. The Court of Appeals wrote that the FCC "may not rely on Title II to regulate mobile data".

Title III gives the FCC limited authority to regulate mobile telephony. The FCC argued in its brief [136 pages in PDF] that it has authority under Title III and Section 706 to regulate mobile data.

Section 706 is codified at 47 U.S.C. § 1302. This section contains the policy statement that the FCC and state commissions "shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability". See, story titled "FCC Files Brief with Court of Appeals in Challenge to Its Data Roaming Rules" in TLJ Daily E-Mail Alert No. 2,329, January 16, 2012. The Court of Appeals opinion acknowledges that the FCC argued Section 706, but is otherwise conspicuously silent regarding Section 706.

The FCC relies heavily on Section 706 in its defense of its December 2010 rules that regulate the network management practices of broadband internet access service (BIAS) providers. That order is also sometimes referred to as the "network neutrality" or "open internet" order. See, Report and Order (R&O) [194 pages in PDF]. The challenge to that order is now pending before the same Court of Appeals. See also, FCC brief [121 pages in PDF] and story titled "FCC Files Brief with DC Circuit in Challenge to BIAS Rules" in TLJ Daily E-Mail Alert No. 2,445, September 11, 2012.

Also, in the pending challenge to the FCC's BIAS rules, the challenge is based in part on the First Amendment. The just released data roaming opinion does not address the First Amendment rights of service providers.

Rather, the Court of Appeals concluded in the present case that the FCC had authority to issue its data roaming rules under Title III. The Court of Appeals applied lenient Chevron deference to the FCC's interpretation of Title III. See, Chevron, U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984).

Reaction. Rep. Henry Waxman (D-CA) stated in a release that "Congress has tasked the FCC with protecting consumers and promoting competition in the 21st century communications marketplace -- and requiring reasonable terms for data roaming does just that ... We expect to be able to use our mobile broadband devices anytime and anywhere and regional wireless providers simply can’t compete without offering nationwide service.  Today’s decision from the D.C. Circuit is a victory for the American consumer’s ability to access the wonders of mobile technology, no matter what wireless carrier they choose."

Rep. Anna Eshoo (D-CA) stated in a release that "I welcome the Court’s decision rejecting Verizon’s challenge of the FCC’s data roaming rules. These rules promote competition and the seamless availability of wireless services consumers have come to expect. Such rules are particularly important for smaller wireless carriers that often have little choice for roaming partners other than their largest rivals."

John Bergmayer of the Public Knowledge (PK) praised the opinion. He stated in a release that "The FCC's order protects consumers by allowing smaller wireless carriers to offer nationwide service, and ensures that customers of smaller providers can travel around the country without incurring high bills or losing service".

Bergmayer also wrote a piece titled "Common Carriage and the Open Internet after the DC Circuit's Data Roaming Decision" in which he addressed "what the implications of this decision are for the FCC's Open Internet rules".

He wrote that "Verizon is using many of the same legal theories in the Open Internet case that got shot down in the data roaming case"

He argued that the FCC's "fundamental basis for authority is different in the two cases. In the data roaming case the Commission's power to supervise the wireless industry under Title III of the Communications Act, which gives it authority over broadcasters, wireless carriers, and other entities that use the public airwaves, carried the day. The Commission, unfortunately, chose not to rely on such a clear basis for authority in the Open Internet rules, such as straightforwardly recognizing that broadband is a telecommunications service. While ultimately the Open Internet rules are legally sound the FCC's course of action has set it up for a number of legal attacks it could have avoided. However, given the language about common carriage in today's data roaming decision, that particular line of argument seems less likely to get traction."

This case is Cellco Partnership v. FCC, U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 11-1135 and 11-1136, a petition for review and appeal of a final order of the FCC. Judge Tatel wrote the opinion of the Court, in which Judges Garland and Griffith joined.

11/30. The U.S. Court of Appeals (2ndCir) heard expedited oral arguments in WNET v. Aereo, a copyright infringement case involving the Aereo online service.

Fox companies, Univision companies, the Public Broadcasting Service and others filed their original complaint [36 pages in PDF] in the U.S. District Court (SDNY) on March 1, 2012, alleging copyright infringement by Aereo. (See, USDC/SDNY, D.C. No. 1:12-cv-01543-AJN.)

Plaintiffs alleged that Aereo offers an unlicensed subscription service that streams television programming over the internet to paying subscribers' computers, smart phones and tablets in violation of the broadcaster's exclusive rights of copyright (pubic performance right and reproduction right).

ABC and other broadcasters filed a second complaint (alleging violation of reproduction, distribution, and public performance rights) against Aereo on March 12.

The key issue is the public performance right. While the public performance right is not important for many types of works subject to copyright, it is critical for the holders of entertainment video programming. 17 U.S.C. § 106 sets forth the exclusive rights of copyright. Subsection 106(4) provides that a copyright owner has the exclusive right "to perform the copyrighted work publicly".

17 U.S.C. § 101 provides pertinent definitions, written before development of the IT based technologies at issue in this and other recent cases. The term "perform" means "to recite, render, play, dance, or act it, either directly or by means of any device or process". The term "publicly" means to "to perform ... it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered" or "to transmit or otherwise communicate a performance ... of the work to a place" specified by the previous clause, "or to the pubic, by means of any device or process, whether the members of the public capable of receiving the performance ... receive it in the same place or in separate places and at the same time or at different times".

The District Court issued an opinion [PDF] on July 11 denying the plaintiffs' motion for a preliminary injunction on the public performance right claim. The District Court relied on the 2nd Circuit's 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.

That opinion is also sometimes referred to as the "Cablevision" opinion, because the defendant, Cablevision Systems Corporation (CSC), provided the Remote Storage Digital Video Recorder (RS-DVR) system at issue in that case. The Court of Appeals held that that DVR service does not infringe the rightholders' (Cartoon Network and others) exclusive rights of reproduction and public performance.

Broadcasters brought the present appeal. The 2nd Circuit ordered expedited briefing and oral argument. Broadcasters argue that reliance upon the Cablevision opinion is misplaced, that the Aereo service provides public performance, and that it violates their exclusive rights to provide public performances.

Aereo urges reliance upon the Cablevision opinion, and affirmance of the District Court.

The Computer & Communications Industry Association (CCIA) and the Internet Association filed an amicus curiae brief in support of Aereo. Although, their interest lies more with providers of cloud computing services, such as personal music lockers, and in not restricting the application of the Cablevision opinion.

They wrote that "Every time a consumer uses an Internet cloud-based backup system or storage locker, both the consumer and the company providing that system rely on Cablevision’s clear holding that it is the user -- not the provider of that system -- who copies the underlying work, and Cablevision’s clear holding that the transmission of a performance of that work to that same user is a private performance that infringes no exclusive right of the rightsholder in the underlying work." (Footnote omitted.)

The Electronic Frontier Foundation (EFF), Public Knowledge (PK) and Consumer Electronics Association (CEA) filed a amicus curiae brief in support of Aereo. They argued that "there is much more at stake in this litigation than the continued operation of one company. The underlying issue raised here is whether copyright holders can be permitted to reach beyond their statutory rights to prohibit follow-on innovation, and to regulate personal, everyday uses of free television broadcasts. This issue is of profound importance to the public. If Plaintiffs' arguments are accepted, the carefully crafted balance embodied in the Copyright Act could be upended, to the detriment of the public interest.

David Post (Temple University law school) and a group of other law school professors also filed an amicus curiae brief in support of Aereo.

This case is CBS Broadcasting, Inc., et al. v. Aereo, Inc., and Fox Television Stations, Inc., et al. v. Aereo, Inc., U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 12-2808 and 12-2786.

12/3. The Senate confirmed Paul Grimm to be a Judge of the U.S. District Court (DMd) by a vote of 92-1. See, Roll Call No. 217.

12/4. The Federal Communications Commission (FCC) released the text [119 pages in PDF] of its Fifth Order on Reconsideration and Sixth Report and Order regarding approval of pending FM translator radio applications and implementation of the Local Community Radio Act (LCRA). See, story titled "FCC Announces Another LPFM Order" in TLJ Daily E-Mail Alert No. 2,480, December 1, 2012. This item is FCC 12-144 in MM Docket Nos. 99-25 and 07-172.

11/27. Hewlett Packard issued a statement regarding its acquisition of Autonomy. It wrote that "HP has initiated an intense internal investigation into a series of accounting improprieties, disclosure failures and outright misrepresentations that occurred prior to HP’s acquisition of Autonomy. We believe we have uncovered extensive evidence of a willful effort on behalf of certain former Autonomy employees to inflate the underlying financial metrics of the company in order to mislead investors and potential buyers. The matter is in the hands of the authorities, including the UK Serious Fraud Office, the US Securities and Exchange Commission’s Enforcement Division and the US Department of Justice, and we will defer to them as to how they wish to engage with Dr. Lynch. In addition, HP will take legal action against the parties involved at the appropriate time." See also, November 20 HP statement.

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The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of S 3486 [LOC | WW], the "Patent Law Treaties Implementation Act of 2012" under suspension of the rules. See, Rep. Cantor's schedule for the week.

12:00 NOON - 1:15 PM. The George Mason University's (GMU) School of Public Policy will host book presentation. Robert Atkinson (Information Technology and Innovation Foundation) will discuss his recently published book [Amazon] titled "Innovation Economics: the Race for Global Advantage". Location: GMU, Room 475, Founders Hall, 3351 Fairfax Drive, Fairfax, VA.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Privacy & Information Security Monthly Update". The speakers will be Mary Ellen Callahan, Michael Borgia, Jennifer Gregory and David Didion (all of Jenner & Block), and Aryeh Friedman. Free. No CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Building or Sabotaging the Enterprise? Squaring Cyber Security with Technologies that Undermine It". The speakers will be James Clark (Oasis), Charles Palmer (IBM Research), Candace Jones (Federal Reserve Bank of New York), and Roland Trope (Trope & Schramm). Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Videotaping Police, Wiretapping Laws and the First Amendment CLE Teleconference". Prices vary. No CLE credits. See, notice.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on numerous pending nominations, including Joshua Wright (to be an FTC Commission) and Mignon Clyburn (reappointment to FCC). See, notice. The SCC will webcast this hearing. Location: Room 253, Russell Building.

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

2:30 - 3:30 PM. The Internet Caucus (IC) will host an event at which Alexander Alvaro, VP of the European Parliament, will speak regarding privacy and security. For more information, call 202-638-4370. Location: IC/CDT, 1634 I St.,  NW.

5:30 - 6:30 PM. The Center for Strategic and International Studies (CSIS) will host an event titled "China's Leadership Transition and Looking Ahead at U.S. -China Relations". The speakers will be Bob Schieffer (CBS), Kurt Campbell (Assistant Secretary of State for East Asia and the Pacific), Richard McGregor (Financial Times), and Christopher Johnson (CSIS). See, notice. Location: CSIS, 1800 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) International Committee and Wireless Telecommunications Committee will host an event titled "Holiday Program and Networking Reception". No CLE credits. Prices vary. See, notice. Location: House of Sweden, 2900 K St., NW.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "IP Year in Review Series 2012: Part 1: Copyright and Trademark Update". The speakers will be Terence Ross (Crowell & Moring), Andrew Sommer, (Winston & Strawn), Steven Wadyka (Greenberg Traurig), and Bradley Wright (Banner & Witcoff). The price to attend ranges from $129 to $179. 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.

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule for the week.

PRESCHEDULED FROM SEPTEMBER 20. 10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Investigations and Oversight will hold a hearing titled "The Impact of International Technology Transfer on American Research and Development". The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

10:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee will meet. Open to the public. See, notice in the Federal Register, Vol. 77, No. 210, October 30, 2012, at Pages 65691-65692. Location: Dupont Circle Hotel, 1500 New Hampshire Ave., NW.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Perspectives on Canada's New Copyright Laws: Bill C-11". The speakers will be Jerry Cohen (Burns Levinson), David Kent (McMillan), Sarah Kilpatrick (McMillan), Stephen Zolf (Heenan Blaikie), and Johanna Dennis (Southern University Law Center). Prices vary. No CLE credits. See, notice.

TIME?. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

POSTPONED. 6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Committee will host an event titled "Verizon/SpectrumCo: Issues and Process -- Anatomy of a Transaction". CLE credits. Prices vary. See, notice.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-90 C [50 pages in PDF] titled "Recommendation for Random Bit Generator (RBG) Constructions".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-90 B [78 pages in PDF] titled "Recommendation for the Entropy Sources Used for Random Bit Generation".

Deadline to submit comments to the Copyright Office (CO) regarding creating a "resale royalty right" for visual artists. See, original notice in the Federal Register (FR), Vol. 77, No. 182, September 19, 2012, at Pages 58175-58179, and extension notice in the FR, Vol. 77, No. 200, October 16, 2012, at Page 63342. See also, story titled "Copyright Office Requests Comments on Creating a Resale Royalty Right for Visual Artists" in TLJ Daily E-Mail Alert No. 2,464, October 18, 2012.

Rep. Cantor's schedule for the week states that "no votes are expected".

8:15 AM - 3:30 PM. The Computer and Communications Industry Association (CCIA) and George Washington University's (GWU) Institute for International Economic Policy (IIEP) will host an event titled "Can Trade Policies and Agreements Advance Internet Freedom?". Free. Open to the public. Location: GWU, Elliot School of International Affairs, Lindner Commons, 6th floor, 1957 E St., NW.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed meeting. See, notice. Location: Room HVC-304, Capitol Visitor Center.

8:00 or 9:00 - 11:00 AM. The President's Export Council will meet. The Department of Commerce (DOC) has advertised the start time as both 8:00 AM and 9:00 AM. See, notice and notice in the Federal Register, Vol. 77, No. 224, November 20, 2012, Pages 69591-69592. Location: undisclosed.

9:30 AM - 12:15 PM. The Phoenix Center for Advanced Legal & Economic Public Policy Studies will to host an event titled "Conference to Examine Impact of Election on U.S. Broadband Policy". The speakers will be Rep. Marsha Blackburn (R-TN), Ajit Pai (FCC Commissioner), Michael McCurry, Rich Galen, Kathy Brown (Verizon), and James Cicconi (AT&T). Location: Phoenix Center, Suite 440, 5335 Wisconsin Ave. NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 1223 [LOC | WW], the "Location Privacy Protection Act of 2011", sponsored by Sen. Al Franken (D-MN).The agenda also again includes consideration of the nominations of Katherine Failla (USDC/SDNY), Troy Nunley (USDC/EDCal), Sheri Chappell (USDC/MDFl), Pamela Ki Mai Chen (USDC/EDNY), and Mark Barnett (U.S. Court of International Trade). See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The National Economists Club will host a lunch. The speaker will be Robert Atkinson (ITIF). Prices vary. See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

12:00 NOON - 2:00 PM. The Federalist Society will host a lunch and panel discussion titled "Private Attorneys and the War on Terror". The speakers will be Nitsana Leitner (Israel Law Center), Steven Bradbury (Dechert), and Stephen Vladeck (American University law school). See, notice and registration page. Free. No CLE credits. Location: National Press Club, 13th Floor, 529 14th St., NW.

2:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will hold a news conference by teleconference to release and discuss the ITIF's report titled "2012 State New Economy Index". The speakers will be Rob Atkinson (ITIF) and Luke Stewart (ITIF). For call in information, contact Alexis Fearon at afearon at itif dot org or 202-524-4390.

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

Rep. Cantor's schedule for the week states that "no votes are expected".

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its November 2012 unemployment data.

9:00 AM - 5:30 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold a workshop titled "Patent Assertion Entity Activities". See, notice and agenda. Location: FTC, Satellite Building and Conference Center, 601 New Jersey Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [57 pages in PDF] regarding cable TV technical rules. The FCC adopted and released this item on August 3, 2012. It is FCC 12-86 in MB Docket No. 12-217. See, notice in the Federal Register 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.

9:00 - 10:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Why America Needs a National Network for Manufacturing Innovation". The speakers will be Robert Atkinson (ITIF), Dennis Dotson (Dotson Iron Castings), David Hart (George Mason University), and Celia Merzbacher (Semiconductor Research Corporation). See, notice. Location: __, Capitol Hill.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Nuts and Bolts of International Cartel Enforcement". The speakers will be Kevin Goldstein (Weil Gotshal), Jennifer Chippendale (Sheppard Mullin), Patrick Harrison (Sidley Austin), and Michelle Rindone (DOJ Antitrust Division). Free. No CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Insuring for Data Security Threats: Everything a Business Lawyer Wants to Know But Is Afraid To Ask". The speakers will be John Black (Boundas Skarzynski Walsh & Black), Erich Bublitz (Admiral Insurance Company), Janice Hugener, Winston Krone (Kivu Consulting), and Edward Morse (Creighton University School of Law). Prices vary. CLE credits. See, notice.

1:30 - 3:00 PM. TIME. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "America Invents Act: Practical Considerations for Practitioners and Inventors". The speakers will be Jonathan Sick (McAndrews Held & Malloy), Robert Titus (Eli Lilly and Company), Alysa Youngson (MH2 Technology Law Group), Nathan Prepelka (The Webb Law Firm). Prices vary. CLE credits. See, notice.

3:00 - 4:30 PM. The Copyright Office (CO) will host a panel discussion titled "The Authors Guild on the Occasion of Its 100th Anniversary: History and Future of the Professional Author". The speakers will be Scott Turow (President of the Authors Guild), John Cole (Library of Congress), Robert Massie (former President of the Authors Guild), and Peter Smith (Codex Group). See, notice. Location: Coolidge Auditorium, Jefferson Building, 101 Independence Ave., SE.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "IP Year in Review Series 2012: Part 2: The New Patent Law and More". The speakers will be Andrew Sommer (Winston & Strawn) and Bradley Wright (Banner & Witcoff). 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.

Deadline for the Office of the U.S. Trade Representative (OUSTR) to submit its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, 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.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petitions for reconsideration of its First Report and Order [67 pages in PDF] regarding spectrum for the operation of Medical Body Area Networks (MBAN). This R&O is FCC 12-54 in ET Docket No. 08-59. See, petition and petition. See also, FCC Public Notice, and notice in the Federal Register, Vol. 77, No. 222, November 16, 2012, at Pages 68721-68722.