|FCC Releases Agenda for December
12/5. The Federal Communications Commission (FCC) released an
agenda for its event on December 12, 2012, titled "open meeting". This
agenda adds two spectrum related items that were not on a previously released
There are five items on this agenda. First, the FCC is scheduled to adopt
a Notice of Proposed Rulemaking (NPRM) on small cell use in the 3550-3650 MHz band.
This is allocated for federal use, including military radar. Also, this band
does not have propagation characteristics suitable for mobile broadband. The
concept is to allow shared use by low power small cells, with a range of up to
about 200 meters, to provide wireless internet access.
Second, the FCC is scheduled to adopt a Report and Order (R&O) and
Further NPRM on expanding the 911, E911 and NG911 regime to text messaging (SMS
to 911) and other technologies. This is PS Docket Nos. 11-153 and 10-255.
The FCC adopted a
Notice of Inquiry (NOI) [36 pages in PDF] on December 21, 2010. It is FCC
10-200. The FCC adopted a
Notice of Proposed Rulemaking (NPRM) [81 pages in PDF] on September 22,
2011. It is FCC 11-134.
Also, the FCC might address patent rights in inventions, the use of which
the FCC might mandate. Patent infringement concerns may affect deployment of
new services. Hypothetically, the FCC might invoke
28 U.S.C. § 1498,
which provides in part that "Whenever an invention described in and covered
by a patent of the United States is used or manufactured by or for the United
States without license of the owner thereof or lawful right to use or manufacture
the same, the owner's remedy shall be by action against the United States"
in the U.S. Court of Federal Claims
"for the recovery of his reasonable and entire compensation for such use and
manufacture." Or, the FCC might assert and exercise authority to mandate
licensing on fair, reasonable and nondiscriminatory (FRAND) terms specified by
The following day, December 13, at 9:00 AM, the
US Telecom and
National Emergency Number Association (NENA)
will host an on site and webcast event titled "Breakfast Briefing on Next
Generation 9-1-1". See,
notice and registration page.
Third, the FCC is scheduled to adopt a R&O on expanding the FCC's
universal service tax and subsidy regime for health care providers. This is
WC Docket No. 02-60.
Fourth, the FCC is scheduled to adopt a R&O and Order of Proposed
Modification regarding service rules for several bands. This is
WT Docket No. 12-70, ET Docket No. 10-142, and and WT Docket No. 04-356.
Fifth, the FCC is scheduled to adopt a NPRM regarding service rules for the
Advanced Wireless Service (AWS) H block.
The Congress enacted HR 3630
the "Middle Class Tax Relief and Job Creation Act of 2012" in February
of 2012. This bill gave the FCC authority to conduct incentive auctions. Among
its many other provisions are an instruction, at subsections 6401(b)(1) and
(2)(A)&(B), to auction the 1915-1920 MHz and 1995-2000 MHz bands within
three years. This NPRM pertains to this directive.
The meeting is scheduled for 1:00 PM on Wednesday, December 12 in the FCC's
Commission Meeting Room, TW-C305, 445 12th Street, SW.
|Sen. Sanders and Others
Urge FCC to Continue Ancient Newspaper Broadcast Cross Ownership Rule
12/3. Six Democratic Senators sent a
letter [PDF] on November 30 to the Federal Communications Commission (FCC) urging
perpetuation of the FCC's ancient regulatory regime for ownership of media. On
December 3 the FCC solicited further comments, thus effectively postponing its
adoption of new rules.
The focus of the letter is "large media companies" and their
"mass consolidation" of media. However, they also lament the
"extremely low levels of female and minority ownership".
They also wrote that "we understand that the FCC is again considering
relaxation of its cross-ownership rules, which include limits on ownership of
television stations and newspapers in the same market". Also, "It is our
understanding that a vote on this latest round of proposed ownership rules can
be expected before the end of the year."
They requested "that the FCC not proceed with its proposed rule changes
without providing a clear, evidence based response" to their concerns.
The letter was signed by
Sen. Bernie Sanders (D-VT) (at left),
Sen. Patrick Leahy (D-VT), Sen. Tom Harkin (D-IA), Sen. Barbara Boxer (D-CA), Sen.
Patty Murray (D-WA), and Sen. Ron Wyden (D-OR).
The FCC adopted it latest rules on December 18, 2007, in its
Report and Order on Reconsideration [124 pages in PDF]. It released these
rules on February 4, 2008. It is FCC 07-216. However, on July 12, 2011 the
U.S. Court of Appeals (3rdCir) issued
its opinion [58
pages in PDF] in Prometheus Radio Project v. FCC in which it, among other
things, vacated and remanded the FCC's newspaper/broadcast cross-ownership (NBCO)
rules. See, story titled
"3rd Circuit Issues Opinion Regarding FCC Regulation of Media Ownership" in
Daily E-Mail Alert No. 2,256, July 12, 2011. That story also provides a
review of FCC's and 3rd Circuit's proceedings over the last decade. On June 28, 2012,
the Supreme Court denied petitions for writ of certiorari.
On December 22, 2011 the FCC adopted another
[99 pages in PDF]. It is FCC 11-186 in MB Docket Nos. 09-182 and MB Docket No.
The FCC has put off issuance of new rules. On December 3, 2012, the FCC issued a
Public Notice (PN) that seeks comments on the FCC
Media Bureau's November 14, 2012
report [121 pages in PDF].
The deadline to submit initial comments is
December 26, 2012. The deadline to submit reply comments is January 4, 2013.
(The December 3 PN is DA 12-1946. The November 14 report is DA 12-1667.)
Commentary. The genesis of the FCC's media ownership rules lies in a
regulatory era that preceded the Department of Justice's (DOJ)
Antitrust Division's, Federal Trade
Commission's (FTC), and federal courts' development of economic analysis skills
and legal precedents to promote competition and consumer welfare across all
commercial sectors, including all news and information media. This genesis also
preceded coaxial cable, fiber optics, satellite radio and TV, personal computing
devices, the web, and broadband access.
NBCO rules date back to President Franklin Roosevelt's retaliation against
newspapers for opposing some of his policies in the 1930s. Other politicians
since, including former President Richard Nixon (at right), have also found FCC
ownership regulation and broadcast licensing to be politically useful.
The DOJ, FTC and courts possess not only the tools, but also have the
authority, to address competition in all interstate commerce. In contrast, the
FCC applies outdated tools to only the limited industry sectors over which it
holds regulatory authority, such as broadcast TV and radio, and newspapers via
A vast flood of new media based in internet protocol (IP) and new information
technology (IT) devices and services not only lays beyond the regulatory control
of the FCC, but has also rendered obsolete any antediluvian rationale that might
have once existed for media ownership regulation.
Although, FCC Chairman Julius Genachowski may be grasping for a new
regulatory rationale, and expanded authority, under the guise of the
"Information Needs of Communities". See, July 2011 FCC
report [468 pages in PDF].
Meanwhile, Sen. Sanders and others seek to preserve regulatory relics. They
wrote, "While the Internet has matured significantly in recent years, it does
not yet solve this problem."
|FTC Files Amicus Brief Re Availability of
Injunctive Relief in SEP FRAND Case
12/5. The Federal Trade Commission (FTC)
amicus curiae brief [25 pages in PDF] with the
U.S. Court of Appeals (FedCir) in
Apple v. Motorola, regarding the availability of injunctive relief for
infringement of a SEP when the patent holder has made FRAND committments.
This is the appeal and cross appeal
from the judgment of the U.S. District
Court (NDIll) in the case involving claims of patent infringement by plaintiffs
Apple and NeXT Software and defendants Motorola and Motorola Mobility (now Google)
against each other. Court of Appeals Judge
Richard Posner (at left),
sitting by designation as the trial court judge, dismissed all of the claims. These
appeals followed. See, his June 22, 2012,
opinion [38 pages in PDF].
The FTC argues in this brief that the District Court properly applied the
holding of the Supreme Court in eBay v. MercExchange in determining that
Motorola was not entitled to an injunction, where Motorola had committed to
license that patent to anyone willing to accept fair, reasonable, and
nondiscriminatory (FRAND) terms, and hence implicitly acknowledged that a
royalty is adequate compensation for a license to use that patent.
The Supreme Court's 2006
eBay v. MercExchange is also reported at 547 U.S. 388. See also,
titled "Supreme Court Rules on Availability of Injunctive Relief in Patent
Cases" in TLJ Daily
E-Mail Alert No. 1,371, May 16, 2006.
The FTC argues that the hold up, or threat of hold up, of standards essential
patents (SEPs) can create problems. It can deter innovation, deter investment,
harm consumers, and reduce the value of standard setting. However, these risks
are mitigated by fair, reasonable and nondiscriminatory (FRAND) commitments.
"However, a royalty negotiation that occurs under the threat of an injunction
may be heavily weighted in favor of the patentee in a way that is in tension
with the RAND commitment." The FTC brief continues that "the threat of an
injunction may allow the holder of a RAND-encumbered SEP to realize royalty
rates that reflect the investments firms make to implement the standard, rather
than the competitive value of the patented technology, which could raise prices
to consumers while undermining the standard-setting process."
The FTC continued that the District Court correctly concluded that "the first
two eBay factors militate against injunctive relief against Apple because
Motorola could not establish that it would be irreparably harmed or that
monetary relief (an ongoing royalty) would be inadequate where Motorola had
committed" to FRAND terms. (Footnote omitted. Parentheses in original.)
The FTC added that "The other eBay factors (balance of hardships and public
interest) also can be expected to militate against injunctive relief in the case
of standard-essential patents." (Parentheses in original.)
The FTC concludes that "Injunctive relief should not be
permitted to allow the owner of standard-essential patent subject to a RAND
obligation to appropriate for itself the value created by numerous other
innovators that build on or contribute to the standard at issue. Insofar as
Motorola seeks an injunction not for the purpose of excluding Apple’s products
from the market, but to bring Apple to the table to negotiate a favorable
royalty, its argument does not support an injunction against a willing licensee.
On the contrary, the use of such leverage is the essence of hold-up."
The FTC stated in a
release that Commissioner
vote against approval of this brief. The brief adds in a footnote that
Rosch "concurs in the submission of this brief. He is of the view that the
issuance of injunctive relief is inappropriate where the patent holder has made
a FRAND commitment for a standard essential patent, even if the patentee
contends that it has met its FRAND obligation. In his view, a FRAND pledge
appears to be, by its very nature, a commitment to license; if so, seeking
injunctive relief would be inconsistent with that commitment. Commissioner Rosch
thus submits that if a court concludes that a party, or its predecessor in
interest, made a FRAND commitment with respect to a SEP, an injunction should be
denied for that patent. In his view, the only exception to this is when the
licensee refuses to comply with the decision of a federal court or some other
neutral arbitrator defining the FRAND terms."
The FTC's Richard Brunell signed the brief.
This case is Apple, Inc. et al. v. Motorola, Inc., et al., U.S. Court
of Appeals for the Federal Circuit, App. Ct. Nos. 2012-1548 and 2012-1549,
appeals from the U.S. District Court for the Northern District of Illinois, D.C.
No. 1:11-cv-08540, Judge Richard Posner presiding.
|DOJ's Morton Addresses SEPs, FRAND, Non-SEPS
and Hold Ups
12/5. Fiona Morton, Deputy Assistant Attorney General For Economic Analysis
in the Department of Justice's (DOJ)
Antitrust Division, gave a
pages in PDF] in Brussels, Belgium titled "The Role of Standards in the
Current Patent Wars".
She addressed standards essential patents (SEPs), patent holders' commitments
to license SEPs on fair, reasonable and nondiscriminatory (FRAND)
terms, non-SEPs, and hold ups.
Morton (at left) said that the DOJ's
concern is that "a patent holder may demand licensing terms that are not
consistent with this F/RAND promise, and couple that demand with a threat of an
injunction or other exclusionary relief.This would have the ultimate effect of
undermining competition and the procompetitive benefits of the standard setting
process." (Footnote omitted.)
She noted that the historic practice of cross licensing by competitors,
without recourse to litigation, does not hold in some sectors today. She said
that "we are seeing litigation among competitors, as well as by
firms that do not compete. There are some underlying technical reasons for this
(e.g. software patents and the rise of Patent Assertion Entities (PAEs)) but
there are two interesting product market reasons for the patent wars and the
inefficient litigation we see today." (Parentheses in original.)
"The first is the rise of the smart mobile phone or tablet as a very popular
type of consumer electronic device. These devices combine a number of
capabilities: telecommunications, computer communications (such as wi-fi),
computer hardware (such as screens), operating systems, and software
applications. With so much going on in one little device, the device could end
up implementing hundreds of standards and reading on many thousands of patents."
(Parentheses in original. Footnote omitted.)
"Second, we are in an era of platform competition, where the owner or sponsor
of the platform owns or creates only one piece of the ecosystem,
and many complementary products are required for the platform to be popular with
She continued that "Platforms become successful due to scale-generating
network effects; the more users of a platform there are, the more complementary
products are created, which in turn attracts more users. Furthermore, many
platforms create or simply have "lock-in," such as when a consumer’s music
collection purchased on one platform cannot be transferred to another. Platforms
can also feature "tipping." If the platform doesn’t have enough scale to
generate applications or other valuable content, it may not attract more
consumers, which will mean that fewer applications developers write for it,
fewer consumers buy devices, and the platform dwindles."
"The explosion in the popularity of smart mobile devices is arguably creating
a moment where the forces of lock-in and tipping may play a big role. Symmetry
and long-run cooperation aren’t relevant in this game the way they may have been
in years past. It is therefore critical for players in this marketplace to use
every possible tool at their disposal to gain a competitive advantage for their
platforms while they have a chance of tipping a platform in their favor or
stopping tipping against themselves. OEMs become involved because, as the actual
manufacturers of the hardware, they are often the defendants in patent lawsuits.
Often involved in this fight are allegations of patent infringement, including,
She said that "We believe declared SEPs can be a powerful weapon, perhaps
enhanced by over declaration, and can be used to harm competition through
She also reiterated the DOJ's recommendations for processes to be followed by
standard setting organizations (SSOs). See also,
pages in PDF] by Renatta Hesse titled "Six Small Proposals for SSOs Before
Lunch", and story titled "DOJ's Hesse Addresses Patents and Standard Setting
TLJ Daily E-Mail Alert No. 2,466, October 12, 2012.
Non-SEPS and Commercially Essential Patents. She also said that "non-SEPs
can also be used to hold up licensees". She noted that with these patents, the
holder has not via FRAND commitments "voluntarily given up the right to exclude
in most circumstances as part of the bargain for having its technology included
in the standard".
Moreover, "Patents that are not essential to practice a standard are numerous
and vary greatly in strength. Those with market power can be used in
anticompetitive ways, and acquisitions of patents can violate the antitrust
She continued that "Non-standardized technologies differentiate devices,
create competition and drive innovation in the marketplace."
"There is also a key difference in business strategy between the two types of
patents: when the SEP owner makes a F/RAND commitment, it is explicitly agreeing
that users of its IP may compensate the owner with money. With a differentiating
patent, by contrast, the strategy of the firm may be to exclude other producers
from using the IP in order to drive sales of its own product."
She next tackled the concept of "commercially essential patents".
She said first that "it is not clear to me what it means to be commercially
But, she added, "Is the innovation something that consumers
just love and that is thought to be essential to marketing a product? If so,
exclusion might be an important driver of innovation. If, as a rule, truly
innovative features that build on a standard need to be shared with competitors,
incentives to innovate could be dulled."
11/20. David Kappos, head of the
U.S. Patent and Trademark Office (USPTO),
gave a speech
on software patents in Washington DC at the
Center for American Progress (CAP).
He noted that "software patents have tended to be the focus of controversy
and some critics go so far as to argue that software shouldn’t be patentable at
Kappos (at right) argued that the patent
system drives economic growth, that software implemented innovation should be
patentable, that software should not be treated differently from hardware, and
that the USPTO is effectively working to improve the quality of software
He accused those who argue that for smart phone patents the system is broken
are engaging in "flippant rhetoric".
He explained software patents. He said that "patents aren't issued merely
for lines of code. Patents are issued for process and apparatus, which are
determined to be novel and non-obvious. Patents are not granted for abstract
ideas. But they are available to protect innovations, such as those enabling --
automated language translation, voice recognition, and video compression, all
involving major technological advances, all of which can be implemented in
He stated that "patent protection is every bit as well-deserved for
software-implemented innovation as for" other innovations. But, he added, such
patent protection should be "properly tailored in scope, so that programmers can
write code and engineers can design devices without fear of unfounded accusations
of infringement", and so that there will not be "uncertainty in the
He continued that "the various dire reports and commentary have omitted a
critical component -- the facts". He elaborated the USPTO studies have shown
that in litigation in the U.S. District Court over 80 percent of the software
patent are construed as valid. Also, "rejections in software patent applications
taken to our appeals board are upheld at a slightly higher rate than for the
office as a whole, and those few decisions appealed to the Federal Circuit are
affirmed 95 percent of the time". So, he concluded, the critics of smart phone
patents who argue that the system is broken are not backed by the facts.
He next said that while the Courts have upheld the patentability of software,
they have struggled with the "various tests for patent eligibility and
functional claiming and inventiveness standards". But, software patents should
not be treated differently from hardware patents.
He reviewed some areas, other than smart phones, where software patents have
been important for creating incentives for innovators and investors. He then said
that "Discrimination against a form of innovation that is increasingly critical
to technological advancement, indeed that in many areas dominates technological
advancement, makes no sense. So to those reporting and commenting on the
smart-phone patent wars as if to suggest that the system is broken: let’s move
beyond flippant rhetoric and instead engage in thoughtful discussion."
He argued that "Those who invest in breakthrough innovation have a right to
expect others to respect their resultant IP. However, in the end, as history has
shown time and time again, the players ultimately end up agreeing to
pro-consumer solutions via licenses, cross-licenses or joint development
agreements allowing core technologies to be shared." And, he named and discussed
the history of some such technologies.
Nevertheless, the USPTO should strive to avoid issuance of "low quality"
software patents. It grants "patents only for great algorithmic ideas worthy of
protection". To this end, Kappos said that the USPTO assembled a task force that
developed metrics. It strengthened the guidelines used by patent examiners to
determine which inventions are eligible for patent protection. It has allowed
examiners more time to review every patent application. It has "reached out to
experts in the software industry to provide technical training to our patent
examiners". And, it has opened a Silicon Valley office, and hired Michelle Lee
to run that office.
He also discussed how the Supreme Court's 2007
KSR v. Teleflex, changes to the USPTO's reexamination process, and
implementation of various provisions of the America Invents Act (AIA), most of
which took effect in September, are improving the quality of software patents.
One provision of the AIA allows for third party submissions of prior art. He
praised crowd sourcing of searches for software prior art. And, he said that
"third-party submission provision of AIA has every prospect to improve the
software patent landscape going forward".
He also discussed the January 11, 2013 workshop on requiring disclosure of the real
party in interest. See also, story titled "USPTO to Host Roundtable on Requiring
Real Party in Interest Disclosures" in TLJ Daily E-Mail Alert No. 2,483,
December 5, 2012.
He said that "A root cause of problems with our current environment for
software patents -- and indeed all patents -- is simply deciphering ownership.
At the heart of a well-functioning innovation environment is accurate
information about who owns what assets, so that license rights can be confirmed
or sought, and unproductive effort simply avoided."
|This issue contains the following items:
• FCC Releases Agenda for December 12 Meeting
• Sen. Sanders and Others Urge FCC to Continue
Ancient Newspaper Broadcast Cross Ownership Rule
• FTC Files Amicus Brief Re Availability of Injunctive Relief in
SEP FRAND Case
• DOJ's Morton Addresses SEPs, FRAND, Non-SEPS and Hold Ups
• Kappos Defends Software Patents
New items are highlighted in
|Thursday, December 6
The House will not meet.
The Senate will meet at 9:30 AM.
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 in the Federal Register, Vol. 77, No. 224, November 20, 2012, Pages
69591-69592. The event will be
webcast. Location: undisclosed.
9:00 AM - 4:45 PM. The Federal Trade Commission (FTC) will host a workshop
titled "The Big Picture: Comprehensive Online Data Collection".
See, event web site.
Location: FTC Conference Center, 601 New Jersey Ave., NW.
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
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.
Sen. Bernie Sanders (D-VT) and
Sen. Charles Schumer (D-NY) will
hold a news conference regarding media consolidation. Location: Senate
Studio, Room S-325, Capitol Building.
12:00 NOON - 1:30 PM. The
Club will host a lunch. The speaker will be
(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
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.
Day three of a five day meeting titled "National
Conference of State Legislatures Fall Forum". At 3:15 PM there will be a
panel titled "Cybersecurity and Infrastructure Protection". See,
web site. Location: Jefferson West, Concourse Level, Washington Hilton,
1919 Connecticut Ave., NW.
|Friday, December 7
The House will meet at 11:00 AM.
8:30 AM. The Department of Labor's (DOL)
Bureau of Labor Statistics (BLS) is scheduled to release its November
2012 unemployment data.
1:00 PM. The Department of Commerce's (DOC)
President's Export Council's (PEC) Subcommittee on Export Administration (SEA)
will hold a partially closed meeting. See,
notice in the Federal Register, Vol. 77, No. 225, November 21, 2012, at
Pages 69789-69790. Location: DOC, Room 4830, Hoover Building, 14th Street
between Pennsylvania and Constitution Avenues, NW.
|Monday, December 10
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".
notice and agenda. Location: FTC, Satellite Building and Conference Center,
601 New Jersey Ave., NW.
1:00 - 4:00 PM. The Federal Communications Commission's (FCC)
Technological Advisory Council will meet. See,
notice in the Federal Register, Vol. 77, No. 227, November 26, 2012, at
Pages 70434-70435. Location: FCC, Commission Meeting Room, 445 12th
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,
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.
|Tuesday, December 11
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
(ITIF), Dennis Dotson (Dotson Iron Castings),
(George Mason University), and Celia Merzbacher (
Semiconductor Research Corporation). See,
notice. Location: Room 200, Capitol Visitor
10:00 AM - 12:00 NOON. The
Department of Commerce's (DOC) National Advisory Council on Innovation
and Entrepreneurship will meet. No webcast. This event is open to the public
only via teleconference.
notice in the Federal Register, Vol. 77, No. 234, December 5, 2012, at
Page 72322. Location: DOC, Room __, 1401 Constitution Ave., NW.
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,
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
(Creighton University School of Law). Prices vary. CLE credits. See,
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,
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
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
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
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,
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. See also, FCC
Public Notice, and
in the Federal Register, Vol. 77, No. 222, November 16, 2012, at Pages 68721-68722.
TIME? The House
Commerce Committee's (HCC) Subcommittee on Communications and Technology
will hold a hearing titled "Keeping the New Broadband Spectrum Law
on Track". The witnesses will be the five FCC Commissioners. See,
notice. Location: __.
10:30 AM. The Federal Communications Commission (FCC) will hold
an event titled "open meeting". There are
five items on the
agenda: (1) NPRM on small cell use in the 3550-3650 MHz band,
(2) R&O and FNPRM on expanding the 911 regime to text messaging and
other technologies, (3) R&O on expanding the FCC's universal service
tax and subsidy regime for health care providers,
(4) R&O and Order of Proposed Modification regarding service rules for
several bands, and (5) NPRM regarding service rules for the AWS H block.
Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., NW.
1:00 - 2:15 PM. The Federal
Communications Bar Association's (FCBA) Homeland Security and Emergency
Communications and International Telecommunications Committees will host a
brown bag lunch titled "Canadian-US Collaboration and Coordination
Across the Border". The speakers will Emilie Brown
Canada), Brian Marenco (FCC Public Safety and Homeland Security Bureau),
Cyndie Walters (U.S. Customs and Border Protection), and
Rick Joyce (Venable).
No CLE credits. Location:
Embassy of Canada, 501 Pennsylvania Ave., NW
Deadline to submit reply comments to the Federal
Communications Commission (FCC) in response to its
Wireless Telecommunications Bureau's (WTB)
and Office of Engineering and Technology's
Public Notice (PN) [8 pages in PDF] regarding refreshing the record in its
wireless microphones proceedings. See, January 2010
R&O and FNPRM [103 pages in PDF] (FCC 10-16). The FCC released this PN on
October 5, 2012. It is DA 12-1570 in WT Docket Nos. 08-166 and 08-167 and ET
Docket No. 10-24. See also,
notice in the Federal Register, Vol. 77, No. 204, October 22, 2012, at
Pages 64446-64450. See also, 2008
NPRM and Order (FCC 08-188) and
titled "FCC Releases NPRM on Wireless Microphones Operating in 700 MHz
Band" in TLJ
Daily E-Mail Alert No. 1,817, August 21, 2008. See also, story titled
"FCC Seeks More Comments on Wireless Microphones" in
TLJ Daily E-Mail
Alert No. 2,466, October 23, 2012.
Day one of a two day event hosted by the Practicing Law
Institute (PLI) and the Federal Communication
Bar Association (FCBA) titled "30th Annual Institute on
Telecommunications Policy & Regulation". The price to attend ranges
from free to $1,595. See,
registration form. Location: Washington Hilton, 1919 Connecticut
9:00 - 10:30 AM. The
US Telecom and
National Emergency Number Association (NENA)
will host an on site and webcast event titled "USTelecom Breakfast
Briefing on Next Generation 9-1-1". The speakers will be Brian Fontes,
Trey Forgety, Roger Hixson and Ty Wooten (all of NENA), and Bob Gojanovich (TCS).
Registration is required. See,
notice and registration page. Location: USTelecom, Suite 400, 607 14th
9:00 - 10:30 PM. The
Information Technology and Innovation Foundation (ITIF) will host a panel
discussion titled "China's Indigenous Innovation Policy and the
Semiconductor Industry". The speakers will be
Robert Atkinson (ITIF),
Ernst (East West Center), Brian Toohey (
Semiconductor Industry Association), and
(McKenna Long & Aldridge). See,
notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.
9:30 AM - 2:00 PM. The Federal Communications Commission's (FCC)
North American Numbering
Council (NANC) will meet. Location: FCC, 445 12th St., SW.
10:00 AM. The Federal Communications Commission's
(FCC) North American
Numbering Council will meet. See,
notice in the Federal Register, Vol. 77, No. 223, Monday, November 19,
2012, at Page 69453. The FCC has also stated that this event will be at 9:30
AM. Location: FCC, Room 5-C162, 445 12th St., SW.
12:00 NOON - 2:00 PM. The DC
Bar Association will host an event titled "Obviousness Since
KSR: Views From the Bench and the Bar Regarding Recent Developments in the
Law". See, 2007
of the Supreme Court, and story titled "Supreme Court Rules on Patent
Obviousness in KSR v. Teleflex" in
TLJ Daily E-Mail
Alert No. 1,576, May 7, 2007. The speakers will be former Judge Paul Michel,
Essex (Administrative Law Judge, U.S. International Trade Commission),
Roderick McKelvie (Covington &
Anderson (American University law school), and
(Sterne Kessler). The price to attend ranges from $25 to $35. 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: Sterne Kessler, 9th floor,
1100 New York Ave., NW.
12:30 - 1:45 PM. The
Center for Strategic and International Studies
(CSIS) will host an event titled "China, Japan, South Korea Trilateral
Cooperation: Implications for Northeast Asian Politics and Order". See,
notice. Location: CSIS,
B1 C conference room, 1800 K St., NW.
LOCATION CHANGE. 3:00 PM.
The Tech Freedom (TF) and
Competitive Enterprise Institute (CEI) will host
a panel discussion titled "CopyRIGHT: Can Free Marketeers Agree On Copyright
Reform?". The speakers will be
Berin Szoka (TF),
Jerry Brito (Mercatus
Center at George Mason University), Larry
Manne (Lewis & Clark Law School), and
Mossoff (George Mason University School of Law), and
Ryan Radia (CEI). Location:
Room HC-8, Capitol Building Room 1310,
6:00 - 8:00 PM. The Federal
Communications Bar Association (FCBA) will host an event titled
"Annual Chairman's Dinner". Prices vary. Location: Washington
Hilton, 1919 Connecticut Ave., NW.
Deadline to submit initial comments to the Federal
Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB)
in response to its
Public Notice (PN) regarding Next Generation 911 (NG911) services.
This PN is DA 12-1831 in PS Docket Nos. 10-255, 11-153, and 12-333. The
FCC released it on November 13, 2012.
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