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Tuesday, December 11, 2012, Alert No. 2,488.
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FCC Forms Technology Transitions Policy Task Force

12/10. The Federal Communications Commission (FCC) issued a vaguely worded release that states that FCC Chairman Julius Genachowski has formed a unit, to be comprised of FCC staff, titled "Technology Transitions Policy Task Force".

This release states that Sean Lev will be its "Interim Director" and Rebekah Goodheart will be its "Deputy Director". This unit will also include the FCC's "Chief Economist and Chief Technology Officer, as well as representatives from across the agency".

This release is vague about what this unit will do. However, the FCC release states that this unit will make recommendations regarding:

  • "IP interconnection"
  • "resiliency of 21st century communications networks"
  • "business broadband competition"
  • "consumer protection with a particular focus on voice services"
  • "the PSTN Transition"

Genachowski stated in this release that "Technological transitions don't change the basic mission of the FCC. But technology changes can drive changes in markets and competition. And many of the Commission's existing rules draw technology-based distinctions. So the ongoing changes in our nation's communications networks require a hard look at many rules that were written for a different technological and market landscape."

FCC Commission Ajit Pai released a statement in which he praised Genachowski's formation of this unit.

Pai wrote that "our rules continue to presume static domination by monopoly providers. We need a forward-looking regulatory framework that will expedite the Internet Protocol (IP) transition". Also, "The Task Force will help us address this challenge in a comprehensive manner rather than handling issues on a piecemeal basis as they happen to pop up."

Pai argued that "Our goal in this effort should be as simple as it is profound: to develop sound proposals for hastening the IP transition and incentivizing investment in next-generation networks. In developing those proposals, the Task Force should keep certain core principles in mind, such as the need to preserve vital consumer protections -- like 911 emergency calling -- that are still likely to be needed in an all-IP world. Similarly, the Task Force should resist the urge to simply import the rules of the old world into the new. Instead, it should scour the Code of Federal Regulations to track down and remove obsolete legacy regulations, like the tariffs, the arcane cost studies, and the hidden subsidies that distort competition for the benefit of companies, rather than consumers."

Rep. Greg Walden (R-OR), Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology, stated in a release that "We no longer live in an analog world where three networks and one phone company are responsible for all the voice, video, audio, and data that we consume and convey ... To pretend otherwise is not only futile, but harms the very innovation we seek. As technological advances alter the way we communicate, so, too, should it challenge our notions of how this market operates and how it must be regulated."

Rep. Walden stated that "My hope is that the task force the Chairman has announced today will present the type of forum Commissioner Pai has called for since joining the agency -- one that not only helps transition toward the networks of tomorrow, but also away from the outdated regulations of the past."

Walter McCormick, head of the U.S. Telecom, wrote in a short piece titled "FCC Task Force is a Timely Move" that "consumers increasingly have migrated away from purchasing voice services over the public switched telephone network (PSTN), to new modes of broadband and wireless communications, eroding the once-dominant marketplace power of incumbent local exchange carriers (ILEC). FCC regulations do not reflect this change."

He argued that "Absent this dominant position, economic regulation of ILEC switched telephony is unnecessary and potentially harmful to business."

AT&T's Bob Quinn wrote in a short piece that the purpose of this FCC unit is "to modernize its rules for the transition of traditionally regulated services to applications that ride on an IP broadband".

He wrote that "Addressing these issues in a comprehensive process that crosses the smoke-stacked bureau structure that is a remnant of an almost eight decades old telecom law is critically important."

On November 7, 2012, AT&T filed a petition for rulemaking [28 pages in PDF] with the FCC regarding allowing incumbent local exchange carriers (ILEC) to replace time division multiplexed (TDM) with internet protocol (IP) facilities.

Harold Feld of the Public Knowledge (PK) wrote in a release that "We are happy to see that the FCC is not approaching the change from copper to wireless with ideas of radical deregulation. The FCC is taking leadership to provide a framework that recognizes the need to coordinate with states and address all providers of IP services. Handled properly, this should produce a new social contract between carriers and the American people that includes basic protections for consumers while promoting competition and investment."

Philip Jones of the National Association of Regulatory Utility Commissioners (NARUC) stated in a release that "Wireless technologies seem to change daily, but the fundamental concept of universal service does not. Federal and State regulators must ensure that all Americans have access to affordable, reliable telecommunications service."

Google and Others Write Rep. Walden and Rep. Eshoo Regarding Unlicensed Spectrum

12/10. Google, Microsoft, Public Knowledge (PK), Electronic Frontier Foundation (EFF) and other companies and interest groups sent a letter to Rep. Greg Walden (R-OR) and Rep. Anna Eshoo (D-CA) regarding unlicensed spectrum and upcoming incentive auctions.

The letter argues for allocation by the Federal Communications Commission (FCC) of more unlicensed spectrum. None of the large wireless service providers -- Verizon, AT&T, T-Mobile USA or Sprint Nextel -- signed this letter.

This letter begins that "it is critical that the FCC pursue policies that strike a productive balance between the need for more spectrum that accommodates both exclusive-use licensed and non-exclusive unlicensed technologies."

It argues the importance of unlicensed spectrum to innovation and the economy. It also notes that "during the devastating Hurricane Sandy and its aftermath, when many wireless phone networks were overloaded, flooded, or completely offline, Wi-Fi provided access to the Internet for critical news and information".

This letter states that "skyrocketing demand for unlicensed technologies is outstripping the supply of unlicensed spectrum and threatens to soon saturate the core 2.4 GHz band, leaving innovators and consumers with only the high-frequency 5 GHz band. While the 5 GHz band is extremely important, it is not a substitute for lower-frequency spectrum given its limited range due to higher attenuation and, over much of its range, lower power limits and more restrictive technical rules."

It argues that if the FCC "does not designate more unlicensed spectrum, the fuel for this growth engine will be lost and consumers will face degraded service and slowed innovation. Fortunately, the current television broadcast spectrum presents the FCC with a once-in-a-generation opportunity to begin to address the unlicensed spectrum crunch by making powerful sub-1-GHz unlicensed spectrum available for innovative approaches to broadband access and machine-to-machine services. A well-designed auction will allow the Commission to both free up new licensed spectrum and expand unlicensed spectrum resources."

Hence, the parties to the letter urge the FCC "to designate an ample amount of spectrum for non-exclusive unlicensed technologies, and urge Congress to allow the FCC to accomplish this task unimpeded."

FTC Releases Another Report on Mobile Apps Privacy

12/10. The Federal Trade Commission (FTC) released a staff report [42 pages in PDF] titled "Mobile Apps for Kids: Disclosures Still Not Making the Grade".

This is another in a series of FTC reports related to privacy. This report, unlike some of the prior reports was approved unanimously by the Commission.

This report follows the FTC's February 16, 2012 report [34 pages in PDF] titled "Mobile Apps for Kids: Current Privacy Disclosures are Disappointing". That report found that little or no information was available to parents about the privacy practices and interactive features of the mobile apps surveyed prior to download.

Factual Findings. The just released report finds that "many apps included interactive features or shared kids' information with third parties without disclosing these practices to parents".

This report continues that "most apps failed to provide any information about the data collected through the app, let alone the type of data collected, the purpose of the collection, and who would obtain access to the data. Even more troubling, the results showed that many of the apps shared certain information -- such as device ID, geolocation, or phone number -- with third parties without disclosing that fact to parents."

Also, "a number of apps contained interactive features -- such as advertising, the ability to make in-app purchases, and links to social media -- without disclosing these features to parents prior to download."

Recommendations. This report urges "the mobile app industry to develop and implement ``best practices´´ to protect privacy, including those recommended in the recent FTC Privacy Report".

See, the FTC's March 26, 2012 report [112 pages in PDF] titled "Protecting Consumer Privacy in an Era of Rapid Change". See also, stories titled "FTC Releases Second Report on Privacy Issues" and "Reaction to FTC Privacy Report" in TLJ Daily E-Mail Alert No. 2,357, March 26, 2012.

These recommendations are "incorporating privacy protections into the design of mobile products and services" also known as privacy by design, "offering parents easy-to-understand choices about the data collection and sharing through kids’ apps", and "providing greater transparency about how data is collected, used, and shared through kids' apps."

Legal Issues. This report makes no new recommendations that the Congress enact legislation, or that the FTC promulgate new rules. This report contains no legal conclusions.

However, this does address in several ways the applicability of the FTC Act and the Children's Online Privacy Protection Act (COPPA) to business practices involving mobile apps.

It concludes (at page 21) that there are "gaps between company practices and disclosures" and that these "discrepancies could constitute violations of COPPA or the FTC Act's prohibition against unfair or deceptive practices."

It discloses (at page 5) that "FTC staff is launching multiple nonpublic investigations to determine whether certain entities in the mobile app marketplace have violated" the COPPA, or "engaged in unfair or deceptive trade practices in violation of the FTC Act." (Footnote omitted.)

This report's use of the phrase "unfair or deceptive trade practices", rather than "deceptive trade practices", might raise the question of whether business practices of mobile apps providers could violate the FTC Act, in the absence of deception, under the "unfair" prong of Section 5 of the FTC Act, which is codified at 15 U.S.C. § 45. For a discussion of this issue, see story titled "Commentary: Unfair v. Deceptive Conduct" in TLJ Daily E-Mail Alert No. 2,357, March 26, 2012.

But, this report also states that "Staff did not examine whether the practices observed violated the laws enforced by the Commission, and some of staff's recommendations may go beyond what would be required to comply with the law."

In addition, this report addresses (at footnote 29) the application of the FTC's proposed revisions to the COPPA to mobile apps.

See, FTC notice in the Federal Register, Vol. 77, No. 151, August 6, 2012, at Pages 46643-46653, story titled "FTC Releases COPPA Further NPRM" in TLJ Daily E-Mail Alert No. 2,418, August 2, 2012, and FTC web page with hyperlinks to comments submitted in response to this FNPRM.

The COPPA, which is codified at 15 U.S.C. §§ 6501-6506, bans operators of web sites and online services that are directed to children from collecting information from children under thirteen without parental consent.

Future FTC Actions. This report also states that the FTC "will soon issue consumer education directed to parents to help them navigate the mobile app marketplace and avoid apps that fail to provide adequate disclosures about how children’s information will be used".

It also states that the FTC "will conduct a third kids app survey once the initiatives and activities described in this report, including the Department of Commerce multistakeholder process and other self-regulatory efforts, have had a reasonable time to develop."

Association for Competitive Technology. Morgan Reed, head of the Association for Competitive Technology (ACT), stated in a release that "The rapid growth of the mobile app industry has been fueled by startups and first time developers, some of whom are still in high school. In fact 87% of apps are developed by small or micro businesses that do not have legal departments or privacy experts on staff. This report reminds us how important it is for the industry to focus attention on educating developers on privacy best practices."

Reed also stated that "We partnered with the world’s largest group of educational app developers, Parents with Apps, to run educational seminars and even create a new set of privacy disclosure icons for kids apps. We are continuing this work in 2013 and expanding it to include to all app developers." See, ACT's November 30 statement titled "ACT Launches the App Privacy Dashboard -- The Next Generation of App Privacy Icons".

Reed added that "One area of progress that the FTC missed, however, is on unique device identifiers like Apple's UDID. Apple and the other platforms are moving developers away from using device-specific identifiers that can be unified across apps and services, and are introducing alternatives to limit tracking that are app-specific for sharing with advertisers and other 3rd parties. This will make it very difficult to combine information based on these ID’s across multiple apps or the web. Additionally, the platforms have given parents very granular tools that allow them to prevent apps from accessing certain types of data (like geolocation) regardless of app settings." (Parentheses in original.)

See also, CTIA release.

People and Appointments

12/10. David Vladeck, Director of the Federal Trade Commission's (FTC) Consumer Protection Bureau, announced in an FTC video that he will leave the FTC, and return to Georgetown University. He added that "I will stay on as a consultant to the FTC". This announcement comes at the end of this eight minute video on advice to consumers regarding common scams.

12/10. Verizon announced that Randal Milch, who is currently EVP and General Counsel, will replace Tom Tauke, who is currently EVP -- Public Affairs, Policy and Communications, as head of Verizon's public policy operations. See, Washington Post story by Cecelia Kang.

More News

12/11. The Information Technology and Innovation Foundation (ITIF) released a report titled "Why America Needs A National Network for Manufacturing Innovation".

12/10. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) held a day long workshop titled "Patent Assertion Entity Activities". See, speech by FTC Chairman Jonathan Leibowitz, presentation slides of Colleen Chien (Santa Clara University), presentation slides of Carl Shapiro (UC Berkeley), presentation slides of Timothy Simcoe (Boston University), presentation slides of Ron Epstein (Epicenter IP Group), presentation slides of Iain Cockburn (Boston University), and DOJ web page for this workshop. The DOJ and FTC have extended the deadline to submit written comments to March 10, 2013.

12/10. The Office of the U.S. Trade Representative (OUSTR) issued a statement regarding the upcoming meeting in Washington DC of the U.S.-China Joint Commission on Commerce and Trade, aka JCCT, to be held on December 18 and 19. See, identical Department of Commerce (DOC) release.

12/10. The American Antitrust Institute (AAI) filed an amicus curiae merits brief with the Supreme Court in Bowman v. Monsanto, a case involving patent exhaustion, urging reversal of the judgment of the U.S. Court of Appeals (FedCir). In its September 21, 2011 opinion the Federal Circuit refused to find exhaustion where a farmer used seeds purchased in an authorized sale for their natural and foreseeable purpose, planting. That opinion is also reported at 657 F.3d 1341. The Solicitor General filed an amicus curiae brief in August urging the Supreme Court to deny the petition for writ of certiorari. However, the Supreme Court granted certiorari on October 5, 2012. The question presented is "Whether the Federal Circuit erred by (1) refusing to find patent exhaustion in patented seeds even after an authorized sale and by (2) creating an exception to the doctrine of patent exhaustion for self-replicating technologies?" This case is Vernon Hugh Bowman v. Monsanto Company, et al., Supreme Court of the U.S., Sup. Ct. No. 11-796, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2010-1068. See, Supreme Court docket.

12/6. The Information Technology and Innovation Foundation (ITIF) released another in its series of reports on the state of the "new economy" by state. This report [84 pages in PDF] is titled "The 2012 State New Economy Index: Benchmarking Economic Transformation in the States".

12/5. Rep. John Lewis (D-GA), and other Democratic Representatives, sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski urging inaction on media ownership rules. The letter urges that the FCC "not proceed with its proposed rule changes at this time, and that it seeks further analysis and comment on its recently released data before it acts on its media ownership rules." See also, story titled "Sen. Sanders and Others Urge FCC to Continue Ancient Newspaper Broadcast Cross Ownership Rule" in TLJ Daily E-Mail Alert No. 2,484, December 6, 2012.

11/29. The U.S.-China Economic and Security Review Commission released a paper titled "Patterns in U.S.-China Trade Since China's Accession to the World Trade Organization". The author is the Commission's Joseph Casey.

11/20. The Executive Office of the President's (EOP) Office of Management and Budget (OMB) released a memorandum [4 pages in PDF] for the head of executive departments and agencies titled "Guidance for Agencies on Transfers from the Spectrum Relocation Fund for Certain Pre-Auction Costs".

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In This Issue
This issue contains the following items:
 • FCC Forms Technology Transitions Policy Task Force
 • Google and Others Write Rep. Walden and Rep. Eshoo Regarding Unlicensed Spectrum
 • FTC Releases Another Report on Mobile Apps Privacy
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Tuesday, December 11

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.

The Senate will meet at 10:00 AM. 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 - 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.

Wednesday, December 12

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.

10:00 AM. 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: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations: Ketanji Jackson (to be a Judge of the U.S. District Court for the District of Columbia), Shelly Dick (USDC/MDLa), Andrew Gordon (USDC/DNev), and Beverly O'Connell (USDC/CDCal). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

1:00 - 2:30 PM. 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.

Thursday, December 13

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.

Friday, December 14

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.

Monday, December 17

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.

Tuesday, December 18

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Smart Grid Advisory Committee. The agenda includes presentations on cyber security coordination. See, notice in the Federal Register, Vol. 77, No. 230, November 29, 2012, at Pages 71169-71170. Location: NIST, Lecture Room A, Administration Building, 100 Bureau Drive, Gaithersburg, MD.

? The Senate Commerce Committee (SCC) may hold an executive session at which it will consider the nominations of Mignon Clyburn (FCC) and Joshua Wright (FTC). Location: Room 253, Russell Building.

TIME? The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will hold another in a series of meetings regarding consumer data privacy in the context of mobile applications. See, notice in the Federal Register, Vol. 77, No. 149, August 2, 2012, Pages 46067-46068. See also, NTIA web page titled "Privacy Multistakeholder Process: Mobile Application Transparency". Location?

Day one of a two day meeting of the U.S.-China Joint Commission on Commerce and Trade.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [42 pages in PDF] regarding disability access to televised emergency information. This NPRM is FCC 12-142 in MB Docket No. 12-107. The FCC adopted it on November 16, and released the text on November 19. See, notice in the Federal Register, Vol. 77, No. 229, November 28, 2012, at Pages 70970-70987.