12/6. The Federal Communications Commission (FCC) announced in a release that AT&T, Verizon, Sprint, T-Mobile, APCO International and NENA "have agreed to accelerate the availability of text-to-911".

This agreement exists in the form of a letter to the five FCC Commissioners.

The FCC stated that this agreement will "ensure that over 90 percent of the nation's wireless consumers" will be able to access emergency services by sending a text message to 911.

The FCC stated that "the carriers have committed to provide an automatic ``bounce back´´ text message to notify consumers if their attempt to reach 911 via text message was unsuccessful because this service is not yet available in their area. Such a message would instruct the recipient to make a voice call to a 911 center. The four carriers will fully implement this ``bounce back´´ capability across their networks by June 30, 2013."

The FCC is scheduled to adopt a Report and Order (R&O) and Further Notice of Proposed Rulemaking at its December 12 Commission meeting regarding 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. See also, story titled "FCC Releases Agenda for December 12 Meeting" in TLJ Daily E-Mail Alert No. 2,484, December 6, 2012.

The Association of Public-Safety Communications Officials International stated in a release that "This agreement paves the way for a national approach to enabling the public to reach 9-1-1 via text messages, which can be especially important for persons with disabilities and for any situations in which a voice call cannot be made.

The National Emergency Number Association (NENA) stated in a release that "the agreement is expected to hasten the day when all Americans can call for emergency aid via text messages".

See also, statement by AT&T's Bob Quinn.

12/10. Amici curiae filed briefs with U.S. Court of Appeals (FedCir) in CLS Bank v. Alice Corp., an en banc review in a case involving software patents and 35 U.S.C. § 101.

The U.S. District Court (DC) held a patent invalid under Section 101 that involves software implementation of credit intermediation.

A divided three judge panel of the Federal Circuit issued its opinion [38 pages in PDF] on July 9, 2012, reversing the judgment of the District Court.

David Kappos, the outgoing head of the U.S. Patent and Trademark Office (USPTO), gave a speech in defense of software patents on November 20, 2012. See, story titled "Kappos Defends Software Patents" in TLJ Daily E-Mail Alert No. 2,484, December 6, 2012.

Section 101 provides, in full, that "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."

The Business Software Alliance (BSA) filed an amicus curiae brief [35 pages in PDF] in which it argued that the judgment of invalidity should be affirmed, but that the Court of Appeals should not write an opinion that upsets settled precedent.

The BSA wrote that "The principle that software-implemented inventions qualify as patentable subject matter under Section 101 has been settled law for more than thirty years." Moreover, firms have made huge investments in reliance upon this principle.

The BSA continued that "if patent protection for software were curtailed, the adverse consequences would be swift and severe. With less profit to capture from the commercialization of the fruits of research and development, businesses would divert their resources into other ventures, and software development would suffer. That would have a ripple effect on productivity across the entire economy."

It argued that "this Court should be careful not to upset this settled industry of innovators by adopting a new, narrower interpretation of Section 101."

The Electronic Frontier Foundation (EFF) and Public Knowledge (PK) filed an amicus curiae brief in which they argued that Section 101 and court opinions that have interpreted it provide no clear guidance with regard to software or business method patents, and as a consequence, "the patent system is to often serving as a tax on innovation". Now, "the technology industry needs more certainty in the interpretation and validity of dubious patents".

They cited and relied upon a paper by Mark Lemley (Stanford law school) titled "Software Patents and the Return of Functional Claiming".

The EFF and PK argued that "Implementing a more stringent interpretation of functional claiming under § 112(f) would help narrow the scope of the § 101 problem while protecting efficient and less expensive litigation vehicles that allow those with more limited resources to make meritorious defenses in court."

Google, Dell, Facebook, and other companies filed an amicus curiae brief urging the Court of Appeals to follow the Supreme Court's opinion in Mayo v. Prometheus Labs. See, story titled "Supreme Court Rules in Mayo v. Prometheus Regarding Patentable Subject Matter", in TLJ Daily E-Mail Alert No. 2,360, March 29, 2012.

This case is CLS Bank International, et al. v. Alice Corporation Pty. Ltd., U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2011-1301, an appeal from the U.S. District Court for the District of Columbia, D.C. No. 07-cv-0974, Judge Rosemary Collyer presiding. Judge Linn wrote the opinion of the three judge panel of the Court of Appeals, in which Judge O'Malley joined. Judge Sharon Prost dissented.

11/30. Rep. Lamar Smith (R-TX) introduced HR 6621 [LOC | WW], an untitled bill that would make 15 changes to the "Leahy Smith America Invents Act" and the Patent Act.

The AIA, HR 1249 [ LOC | WW], was enacted earlier in this Congress. President Obama signed it into law on September 16, 2011. It is now Public Law No. 112-29.

Rep. Smith's bill consists of one section, titled "Technical Corrections". While some provisions are technical corrections, some would make substantive changes to patent law.

There have been no hearings and no committee mark ups in either the House or Senate on the contents of this bill. In fact, no version of this bill has yet been introduced in the Senate. There are only a few weeks left in 112th Congress.

Rep. Smith's (at right) goal may be to bring up this bill under on the suspension calendar in the House, and hope for quick approval in the Senate by unanimous consent. Alternatively, he may seek to attach the language of this bill to a fiscal cliff package. Or, he may merely have introduced this bill to begin a process that he expects to continue in the 113th Congress. If this is the case, then this bill is in effect a discussion draft.

Some of the key provisions are as follows:

• Subsection (d) addresses the post grant dead zone issue.
• Subsection (h) addresses patent term adjustments.
• Subsection (i) would repeal 35 U.S.C. § 373, regarding improper applicants for international PCT applications at the USPTO.
• Subsection (j) addresses allocation of user fees. It would amend 35 U.S.C. § 42(c)(3).
• Subsection (m) pertains to pre GATT patent applications. This section might have the effect of eliminating many of the several hundred of these pre June 7, 1995 applications.

What is not in this bill might also be noteworthy.

This bill does not include the substantive language of S 3652 [LOC | WW], the "Patents for Humanity Program Improvement Act of 2012", introduced by Sen. Patrick Leahy (D-VT) on December 4, 2012. See, related story in this issued titled "Sen. Leahy Introduces a Bill to Make USPTO Acceleration Certificates Alienable".

This bill does not include the substantive language of S 3486 [LOC | WW], the "Patent Law Treaties Implementation Act". The Senate passed this bill on September 22. The House passed this bill on December 5, a week after Rep. Smith introduced his bill. S 3486 is now ready for President Obama's signature.

Also, this bill does not include the substantive language of HR 6245 [LOC | WW | TLJ], the "Saving High-tech Innovators from Egregious Legal Disputes", or "SHIELD Act", introduced on August 1 by Rep. Peter DeFazio (D-OR) and Rep. Jason Chaffetz (R-UT). See, story titled "SHIELD Act Would Allow Court to Award Costs and Attorneys Fees to Prevailing Parties in IT Patent Cases" in TLJ Daily E-Mail Alert No. 2,420, August 4, 2012.

Rep. Smith's bill has no cosponsors. It was referred to the House Judiciary Committee (HJC). Rep. Smith is the Chairman. However, his term as Chairman will end in a few weeks with the close of the 112th Congress. He will become Chairman of the House Science Committee (HSC) in the 113th Congress.

12/4. Sen. Patrick Leahy (D-VT) introduced S 3652 [LOC | WW], the "Patents for Humanity Program Improvement Act of 2012", a bill to make U.S. Patent and Trademark Office (USPTO) acceleration certificates alienable.

Patent applications and other proceedings take time. The USPTO created a program in February of 2012 under which it grants "acceleration certificates" to patent applicants, owners and licensees, based upon value judgments regarding USPTO policy goals, who have used patented technologies to "address humanitarian needs".

This bill would make these certificates alienable, and thereby create a market for preferential treatment at the USPTO.

There is only one original cosponsor, Sen. Chris Coons (D-DE). There is no House version of this bill. This bill was referred to the Senate Judiciary Committee (SJC), which Sen. Leahy chairs.

USPTO Acceleration Certificates Program. In February the USPTO created a twelve month pilot program titled "Humanitarian Awards Pilot Program". See, notice in the Federal Register, Vol. 77, No. 26, February 8, 2012, at Pages 6544-6548.

The USPTO published this description of its program. "The pilot program will be run as an awards competition. Participating patent applicants, patent owners, and licensees will submit program applications describing what actions they have taken with their patented technology to address humanitarian needs among an impoverished population or further research by others on humanitarian technologies. Applications will be considered in four categories: Medical Technology, Food & Nutrition, Clean Technology, and Information Technology."

The USPTO continued that "Independent judges will review the program applications, and a selection committee will recommend awardees based on these reviews. Awardees will receive a certificate redeemable to accelerate select matters before the USPTO and public recognition for their efforts, including an award ceremony at the USPTO."

Then, "The certificate can be redeemed to accelerate one of the following matters: an ex parte reexamination proceeding, including one appeal to the Board of Patent Appeals and Interferences (BPAI) from that proceeding; a patent application, including one appeal to the BPAI from that application; or an appeal to the BPAI of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter which generated the appeal. Inter partes reexaminations and interference proceedings are not eligible for acceleration, nor are the forthcoming post grant reviews, inter partes reviews, derivation proceedings, or supplemental examinations."

Bill Summary. Sen. Leahy's bill provides, in part, that "A holder of an acceleration certificate issued pursuant to the Patents for Humanity Program ...  or any successor thereto ... may transfer (including by sale) the entitlement to such acceleration certificate to another person." (Parentheses in original.)

Sen. Leahy stated in the Senate that "Following a Judiciary Committee hearing in June, I asked Director Kappos whether the program would be more effective, and more attractive to patent owners, if the acceleration certificate were transferable to a third party. He responded that it would, particularly for small businesses."

Sen. Leahy continued that "The Patents for Humanity Program Improvement Act of 2012 simply makes these acceleration certificates transferable. Director Kappos described the Patents for Humanity Program as one that provides business incentives for humanitarian endeavors." See, Congressional Record, December 4, 2012, at Page S7403.

Commentary. This USPTO program, and the proposal in Sen. Leahy's bill, lie outside of the mission of the Constitutionally ordained patent system, which is to secure for limited times to inventors the exclusive right to their discoveries.

The patent system, run by the USPTO, reviews and acts upon patent applications. It grants patents to inventors, who have disclosed something new, useful, novel and non-obvious. Impartial patent examiners apply technical and objective criteria. Rewards to the inventor, if any, come only through the operation of a free market, and not from financially valuable grants from the USPTO. This new USPTO program, in contrast, puts the USPTO into the new position of giving rewards (financially valuable if Sen. Leahy's proposal is adopted) based upon subjective application of policy goals.

The government does many things to try to bring about invention and innovation, including many that involve giving out rewards. And just last week Rep. Mike Honda (D-CA) introduced a bill proposing yet another innovation awards program -- $10 Million prizes for developing disruptive health IT. See, HR 6626 [LOC | WW].

But, giving out policy based financial awards is not the function of the patent system. Moreover, under this program, and Sen. Leahy's proposal, the patent system itself is involved in the rewards program.

Under this new USPTO program, those who further the USPTO's enumerated policy goals are awarded acceleration certificates. These can be of value to the awardee. Now, Sen. Leahy proposes to make these certificates alienable. That is, the awardee would be allowed to sell a certificate to another participant in the patent process.

Patent processes can take a long time. Many have an interest in faster processing, and hence, would be willing to pay for quicker determinations. But, by accelerating some, the USPTO is delaying and thereby harming others. Moreover, some will be able to afford to pay for acceleration certificates, while others will not. Well capitalized businesses will benefit from this, while small businesses and individual inventors likely will not.

This program, and Sen. Leahy's proposal, not only put the USPTO in the new role of granting policy based rewards, but also depart from the principle that all applicants are treated alike.

This is not the first time that the USPTO has been involved in granting awards. The Congress created the non-financial National Medal of Technology and Innovation (NMTI) program over three decades ago. And, several years ago the USPTO was tasked with running this program. However, unlike the acceleration certificates program, the NMTI program is run separately from the USPTO's patent system.

There is also the general tendency that when government agencies give awards based upon value judgments of the reviewers, politics, ideologies, political campaigns, and lobbying play a role. Heretofore the USPTO has distinguished itself among federal agencies by being free of these influences.

For example, TLJ has written before that politics and campaign contributions have influenced awards of the NMTI (before the USPTO was given responsibility for administering the program). See, for example, story titled "Commentary: National Medal of Technology Program" and related stories in TLJ Daily E-Mail Alert No. 1,312, February 17, 2006.

12/3. The Securities and Exchange Commission (SEC) issued an order that initiates an administrative action against the Peoples Republic of China (PRC) affiliates of five large accounting firms for refusing to produce audit work papers and other documents related to PRC based companies under investigation by the SEC for potential accounting fraud against U.S. investors. The five are:

• BDO China Dahua CPA Co., Ltd.
• Ernst & Young Hua Ming LLP
• KPMG Huazhen (Special General Partnership)
• Deloitte Touche Tohmatsu Certified Public Accountants Ltd.
• PricewaterhouseCoopers Zhong Tian CPAs Limited

Robert Khuzami, Director of the SEC's Division of Enforcement, stated in a release that "Only with access to work papers of foreign public accounting firms can the SEC test the quality of the underlying audits and protect investors from the dangers of accounting fraud".

12/10. The Washington Times published an editorial titled "Texting away your freedom: Nosy bureaucrats want to boost their snooping powers". It states that "Americans need to take action if they want to keep Uncle Sam from spying on their smartphones."

12/8. The New York Times (NYT) published an editorial titled "A Step Towards E-Mail Privacy". It praises HR 2471 [LOC | WW]. See, red line mark up of version approved by the Senate Judiciary Committee (SJC) on November 29, 2012. The NYT adds that "the bill is not expected to advance in this lame-duck session".

11/29. The Securities and Exchange Commission (SEC) filed a civil complaint in the U.S. District Court (SDNY) against Thomas C. Conradt and David J. Weishaus alleging violation of federal securities laws (10b5 fraud -- insider trading) in connection with stock trading in advance of IBM's acquisition of SPSS in 2009. See, SEC release. This case is SEC v. Conradt and Weishaus, U.S. District Court for the Southern District of New York, D.C. No. 12 CIV 8676.

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

The Senate will meet at 2:00 PM. It will resume consideration of the motion to proceed to S 3637 [LOC | WW], an untitled bill to temporarily extend the transaction account guarantee program.

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.

10:00 AM - 12:30 PM. The Center for American Progress (CAP) will host a panel discussion titled "Investing in the Future: Higher Education, Innovation, and American Competitiveness". The speakers will include Susan Molinari (Google). See, notice. Location: CAP, 10th floor, 1333 H St., 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 St., SW.

2:00 - 3:00 PM. The Heritage Foundation (HF) will host a panel discussion titled "Assessing the South Korean and Japanese Elections". The speakers will be Michael Green (Georgetown University) Gordon Flake (Mansfield Foundation), Bruce Klingner (HF), and Walter Lohman (HF). See, notice. Location: HF, 214 Massachusetts Ave., NE

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.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House is scheduled to consider the motion to go to conference on HR 4310 [LOC | WW, the "National Defense Authorization Act for Fiscal Year 2013". Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule for the week.

9:00 - 11:30 AM. The Georgetown University (GU) business school will host an event titled "From Ideology to Practicalities: Policies to Stimulate the 21st Century Economy". The speakers will include Sen. Mark Warner (D-VA). In addition, Robert Shapiro will address "Macroeconomic policy". Bradford Jensen (GU) will address trade policy. John Mayo (GU) will address telecommunications policy. Carol Corrado (GU) will address "Innovation policy". Catherine Wolfram will address energy policy. Free. Open to the public. Breakfast will be served. See, notice and registration page. Twitter #GCBPPontheHill. Location: Room 432, Senate Small Business Committee hearing room, Russell Building.

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: Room 200, Capitol Visitor Center.

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. See, 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, 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.

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

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.

5:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing. See, notice. Location: Room HVC-304, Capitol Visitor Center.

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.

Day one of a three day conference titled "Security Analysis and Risk Management Association’s 6th Annual Conference". One of the risks addressed will be cyber security risk. Location: George Mason University, Arlington Campus, Founders Hall, 3351 Fairfax Drive, Arlington, VA.

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.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for the week.

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: __.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

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 (Public Safety 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.

Day two of a three day conference titled "Security Analysis and Risk Management Association’s 6th Annual Conference". One of the risks addressed will be cyber security risk. Location: George Mason University, Arlington Campus, Founders Hall, 3351 Fairfax Drive, Arlington, VA.

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 (OET) 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 story 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.

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

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 Ave., NW.

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 St., NW.

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), Dieter Ernst (East West Center), Brian Toohey ( Semiconductor Industry Association), and Alan Wolff (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 Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 1223 [LOC | WW], the "Location Privacy Protection Act of 2011", sponsored by Sen. Al Franken (D-MN). See, notice. See also, story titled "Senate Judiciary Committee Holds Over Geolocation Data Bill" in TLJ Daily E-Mail Alert No. 2,485, December 7, 2012. Location: Room 226, Dirksen Building.

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.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed business meeting. The agenda includes "Investigative Report on the U.S. National Security Issues Posed by Chinese Telecommunications Companies Huawei and ZTE".See, HIC notice. See also, story titled "House Intelligence Committee Report Finds Huawei and ZTE Could Undermine US National Security" in TLJ Daily E-Mail Alert No. 2,461, October 15, 2012. Location: Room HVC-304, Capitol Visitor Center.

10:30 AM. The House Intelligence Committee (HIC) will hold a closed hearing. See, notice. Location: Room HVC-304, Capitol Visitor Center.

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 opinion 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, Theodore Essex (Administrative Law Judge, U.S. International Trade Commission), Roderick McKelvie (Covington & Burling), Jonas Anderson (American University law school), and Jeffrey Fougere (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.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed business meeting with an undisclosed agenda. See, notice. Location: Room 219, Hart Building.

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 Downes, Geoffrey Manne (Lewis & Clark Law School), and Adam Mossoff (George Mason University School of Law), and Ryan Radia (CEI). Location: Room HC-8, Capitol Building Room 1310, Longworth Building.

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.

Day three of a three day conference titled "Security Analysis and Risk Management Association’s 6th Annual Conference". One of the risks addressed will be cyber security risk. Location: George Mason University, Arlington Campus, Founders Hall, 3351 Fairfax Drive, Arlington, VA.

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.

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

Day two 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 Ave., NW.

9:00 AM - 4:30 PM. The Department of Commerce's (DOC) Bureau of the Census's Federal Economic Statistics Advisory Committee will meet. See, notice in the Federal Register, Vol. 77, No. 229, November 28, 2012, at Page 70992. Location: Census Bureau Conference Center, 4600 Silver Hill Road, Suitland, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in inContact, Inc. v. FCC, App. Ct. No. 12-1133. This is a challenge to a universal service tax assessment. See, FCC brief [37 pages in PDF]. Judges Garland, Griffith and Randolph will preside. This is the second of three items on the Court's agenda. Location: USCA Courtroom, 5th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

10:30 AM - 3:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee will meet. See, notice in the Federal Register, Vol. 77, No. 228, November 27, 2012, at
Pages 70777-70778. Location: FCC, Commission Meeting Room, 445 12th St.,  SW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-164 [33 pages in PDF] titled "Guidelines on Hardware-Rooted Security in Mobile Devices".

EXTENDED FROM NOVEMBER 30. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [146 pages in PDF] regarding its program access rules. The FCC adopted and released this item on October 5, 2012. It is FCC 12-123 in MB Docket No. 12-68. See, notice in the Federal Register, Vol. 77, No. 211, October 31, 2012, at Pages 66052-66065, and stories titled "FCC Lets Expire Its Per Se Ban on Exclusive Program Distribution Contracts", "FCC Adopts Report and Order on Program Access Rules", "FCC Adopts NPRM on Case by Case Analysis of Exclusive Contracts", and "Reaction to FCC's Program Access Order" in TLJ Daily E-Mail Alert No. 2,460, October 6, 2012. See also, extension notice in the Federal Register, Vol. 77, No. 234, December 5, 2012, at Pages 72295-72296.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The 10th Anniversary of the E-Government Act: A Discussion of the Past and Future of E-Government". The speakers will be Alan Balutis (Cisco Systems), Doug Bourgeois (VMware), Dan Chenok (IBM), William Eggers (Deloitte Research), Mark Forman (Government Transaction Services), Tom Davis (Deloitte), Karen Evans, David Mihalchik (Google), and Robert Atkinson (ITIF). See, notice. Location: Room 215, Capitol Visitor Center.

4:00 - 6:00 PM. The Center for Strategic and International Studies (CSIS) will host a book talk. Andrew Nathan (Columbia University) and Andrew Scobell (RAND Corporation) will discuss their book titled "China's Search for Security". The other discussants will be David Lampton (Johns Hopkins University), Randy Schriver (Armitage International), and Bonnie Glaser (CSIS). See, notice. Location: CSIS, basement conference room, 1800 K St., NW.

EXTENDED TO JANUARY 14. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [146 pages in PDF] regarding its program access rules. The FCC adopted and released this item on October 5, 2012. It is FCC 12-123 in MB Docket No. 12-68. See, notice in the Federal Register, Vol. 77, No. 211, October 31, 2012, at Pages 66052-66065, and stories titled "FCC Lets Expire Its Per Se Ban on Exclusive Program Distribution Contracts", "FCC Adopts Report and Order on Program Access Rules", "FCC Adopts NPRM on Case by Case Analysis of Exclusive Contracts", and "Reaction to FCC's Program Access Order" in TLJ Daily E-Mail Alert No. 2,460, October 6, 2012. See also, extension notice in the Federal Register, Vol. 77, No. 234, December 5, 2012, at Pages 72295-72296.