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February 25, 2013, Alert No. 2,527.
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Japan May Join TPPA Negotiations

2/22. The US and Japan released a joint statement regarding participation by Japan in the Trans Pacific Partnership Agreement (TPPA) negotiations. However, this statement does not address technology related trade issues.

Currently, the only parties to the TPPA negotiations are Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and the US.

The US and Japan stated that they "will continue their bilateral consultations with respect to Japan’s possible interest in joining the TPP. While progress has been made in these consultations, more work remains to be done, including addressing outstanding concerns with respect to the automotive and insurance sectors, addressing other non-tariff measures, and completing work regarding meeting the high TPP standards.

Also, "should Japan participate in the TPP negotiations, all goods would be subject to negotiation, and Japan would join others in achieving a comprehensive, high-standard agreement, as described in the Outlines of the TPP Agreement announced by TPP Leaders on November 12, 2011."

The just released statement adds that "Recognizing that both countries have bilateral trade sensitivities, such as certain agricultural products for Japan and certain manufactured products for the United States, the two Governments confirm that, as the final outcome will be determined during the negotiations, it is not required to make a prior commitment to unilaterally eliminate all tariffs upon joining the TPP negotiations."

Abe Advocates Rules for Trade, Investment and IP

2/22. The Prime Minister of Japan, Shinzo Abe, gave a speech titled "Japan is Back" in Washington DC at the Center for Strategic and International Studies (CSIS). See also, video [45:12 in YouTube] which also contains the question and answer session.

Shinzo AbeAbe (at right) stated that "when the Asia-Pacific, or the Indo-Pacific region gets more and more prosperous, Japan must remain a leading promoter of rules. By rules, I mean those for trade, investment, intellectual properties, labor, environment and the like."

"Secondly, Japan must continue to be a guardian of global commons, like maritime commons, open enough to benefit everyone. Japan's aspirations being such, thirdly, Japan must work even more closely with the U.S., Korea, Australia and other like-minded democracies throughout the region."

He repeatedly stressed the importance of the Japan US alliance. He also said that "In order for us, Japan and the United States, to jointly provide the region and the world with more rule of law, more democracy, more security and less poverty, Japan must stay strong."

He re-affirmed that the Senkaku islands are Japan's sovereign territory, but "At the same time, I have absolutely no intention to climb up the escalation ladder. In fact, my government is investing more into people to people exchanges between Japan and China."

He continued that "For me, Japan's relations with China stand out, as among the most important. I have never ceased to pursue what I called "Mutually Beneficial Relationship Based on Common Strategic Interests" with China. The doors are always open on my side for the Chinese leaders."

Abe also met with President Obama earlier in the day.

During the question and answer session, he discussed this meeting, North Korea, US Japan cooperation, Japan South Korea relations, and the Senkaku islands.

SEC Commissioner Aquilar Calls for More Regulation of Stock Market Technologies

2/22. Luis Aguilar, a Commissioner of the Securities and Exchange Commission (SEC), gave a speech in which he called for more SEC regulation of market technologies. This would include expanding the reach of the SEC's Automation Review Policy (ARP) and making it mandatory, regulating trading software and its testing, and possibly adopting a "kill switch" rule.

He said that "I am growing increasingly concerned about the stability of our market structure as we lurch from one crisis to another, be it the flash crash or the Knight trading fiasco."

He said that in the past two decades securities markets have transformed from a few "mostly manual markets" into "a large number of high-tech trading centers", which rely on "fully-electronic, automated technology to execute trades". This is associated with increased speed and volume of trading, and more trading venues.

This, he said, has "increased the potential for system failures to spread quickly and affect the entire market".

Luis AguilarAguilar (at left) also expressed concern about "reports that indicate that the recent market events caused by technology-related issues may have eroded investor confidence and impacted the stability and price-discovery function of our capital markets".

He announced that "It is clear this is an area that requires regulation and oversight that result in transparency, stability, and accountability, and it is the Commission’s responsibility to propose and adopt solutions."

He argued that the SEC must be "proactive to prevent future market disruptions due to breakdowns in back-office systems and technology".

He reviewed existing regulation in this area, including "single-stock circuit breakers, the ban on stub quotes, and rules banning naked access, and requiring pre-trade risk controls". (Footnotes omitted.) But, the SEC "needs to do much more".

He said that the regulatory "Kill Switch" proposal deserves "serious consideration".

Second, he also said that the SEC "should mandate robust and routine testing of trading software at exchanges and other liquidity centers".

Third, he said that "we need a regulatory scheme that would extend" the voluntary Automation Review Policy (ARP), adopted by the SEC in 1989 in response to the market events of October 19 and 20, 1987.

He said that the ARP should "include additional market participants such as alternative trading systems, plan processors, and clearing agencies."

He added that the SEC "is currently working on a rule proposal that will make this process mandatory, and I hope that we soon act on the proposal. The many malfunctions have amply demonstrated that a voluntary environment is not acceptable." (Footnote omitted.)

Senate Debates Court of Appeals Nominees

2/25. The Senate confirmed Robert Bacharach to be a Judge of the U.S. Court of Appeals (10thCir), and engaged in debate regarding the confirmation process, and the nomination of Caitlin Halligan to be a Judge of the U.S. Court of Appeals (DCCir).

The Senate confirmed Bacharach by a vote of 93-0. Moreover, Senators present for the vote stated that the seven who did not vote were "necessarily absent". See, Congressional Record, February 25, 2013, at Page S805.

Bacharach has long been a Magistrate Judge of the U.S. District Court (WDOkla). His home state Senators, Sen. Tom Coburn (R-OK) and Sen. James Inhofe (R-OK), both spoke in support, as did Sen. Charles Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee (SJC).

The full Senate considered his nomination late in the 112th Congress. For decades, the Senate has stopped confirming Court of Appeals nominees at some point during Presidential election years. However, Sen. Harry Reid (D-NV), the Senate Majority Leader, sought confirmation of several Court of Appeals nominees just before the August recess in 2012. Bacharach was blocked by filibuster at that time, but not due to personal opposition.

Sen. Coburn explained in the Senate on February 25 that his "nomination got caught up in the political shenanigans the majority leader and the chairman of the Judiciary Committee carried out at the end of the last Congress. Never before has a circuit court nominee come to the floor without notification of the very members of the Judiciary Committee who sponsored their nomination in the committee. So it was purely a political trick. And for that I think the Senate owes Judge Bacharach an apology for the delay." (See, pages S799-800.)

In contrast, Sen. Leahy blamed Republican obstructionism. He said that the filibuster of Bacharach last year "was the ne plus ultra of an unprecedented campaign of obstruction Senate Republicans have waged against President Obama's judicial nominees".

See also, stories titled "Confirmations and Presidential Elections" in TLJ Daily E-Mail Alert No. 2,417, August 1, 2012, and "Obama Re-Nominates 33 for Federal Courts" in TLJ Daily E-Mail Alert No. 2,503, January 3, 2013.

Bacharach's swift and overwhelming approval early in the 113th Congress was to be expected. It is another matter for some pending nominees, such as Caitlin Halligan, and some yet to be nominated persons.

Sen. Leahy said that "The longest pending of these nominations is that of Caitlin Halligan, who the President first nominated to the D.C. Circuit back in 2010. At that time, there were already two vacancies on that court, a number which has now doubled to four. The purported justification for the partisan Republican filibuster of the Halligan nomination was that the circuit did not need another judge. The circuit is now more than one-third vacant and needs several, including Caitlin Halligan. I urge that the Senate act quickly on long-pending nominations. Further delay does not serve the interests of the American people. Hardworking Americans deserve better."

Unlike the 10th Circuit, the DC Circuit hears a large number of often controversial appeals from, and petitions for review of, final orders in federal agency rulemaking proceedings and adjudications. For example, the challenge to the Federal Communications Commission's (FCC) rules that regulate the network management practices of broadband internet access service providers, also known as the open internet rules, is pending before the DC Circuit. Nominations to the 10th Circuit are less controversial.

Also, Halligan's record invites controversy, as does the history of the seat for which she has been nominated. Democrats long kept this seat vacant during the Bush administration.

See, stories titled "Obama Again Nominates Halligan for DC Circuit" in TLJ Daily E-Mail Alert No. 2,454, September 22, 2012, "Obama Nominates Caitlin Halligan for DC Circuit" in TLJ Daily E-Mail Alert No. 2,138, October 4, 2010, and "Senate Judiciary Committee Approves Halligan" in TLJ Daily E-Mail Alert No. 2,203, March 11, 2011. See also, Halligan's questionnaire responses.

Sen. Leahy argued that there is a "damagingly high level of judicial vacancies" due to "an unprecedented effort to obstruct President Obama's judicial nominations".

Sen. Grassley responded that "President Obama has been treated fairly". He then rattled off statistics.

He said that the Senate "confirmed 171 district and circuit nominations during President Obama's first term. We also confirmed two Supreme Court nominations during President Obama's first term. ... The last time the Senate confirmed two Supreme Court nominees was during President Bush's second term, and during that term the Senate confirmed a total of only 119 district and circuit court nominees. ... the Senate confirmed 52 more district and circuit nominees for President Obama than for President Bush."

Sen. Grassley also said that " During the 2008 Presidential election year, the Senate confirmed a total of 28 judges -- 24 district and 4 circuit. During the 2012 Presidential election year the Senate greatly exceeded those numbers, having confirmed a total of 49 judges -- 44 district and 5 circuit."

GAO Releases Report on Receiver Performance

2/22. The Government Accountability Office (GAO) released a report [53 pages in PDF] titled "Spectrum Management: Further Consideration of Options to Improve Receiver Performance Needed".

The report was prepared for the Senate Commerce Committee (SCC) and House Commerce Committee (HCC) pursuant to a requirement in HR 3630 [LOC | WW], the "Middle Class Tax Relief and Job Creation Act of 2012", the spectrum bill enacted last year by the 112th Congress.

The report notes that "Concern about interference, such as the potential interference between LightSquared’s planned network and GPS receivers, has been a factor in managing spectrum. Historically, FCC and NTIA have used guard bands -- idle spectrum that serves as a buffer between systems -- and focused on transmitters -- the equipment that emits signals, such as television and radio broadcasting -- to manage interference between users in adjacent spectrum. However, guard bands occupy valuable spectrum that could be allocated for current and future services and users and transmitters represent only half of a transmission system."

"The other half of a transmission system is the receiver, and receiver performance, such as a receiver's ability to filter out signals from undesired transmitters, can also affect interference and spectrum efficiency." Therefore, the report continues, "improved receiver performance can reduce the risk of interference and allow for more intensive and efficient use of spectrum."

At issue is what industry, the Congress, and the FCC and NTIA should do to provide for the more efficient use of spectrum.

The report addresses four questions: "(1) What actions have selected manufacturers and commercial licensees taken to improve receiver performance? (2) What actions has the federal government taken to improve receiver performance? (3) What are the challenges, if any, to improving receiver performance? (4) What options have stakeholders and reports identified to improve receiver performance?"

It finds that "manufacturers and commercial licensees have developed voluntary standards that are used to design and procure receiver equipment for some services. Manufacturers and commercials licensees have also used private negotiation, improvements to technology, and information sharing between and among spectrum users to improve receiver performance."

It also finds that "federal spectrum users have mandated use of industry standards for receivers, specified system requirements to procure equipment, and negotiated with other spectrum users to resolve interference concerns. NTIA has mandated the use of standards for many federal spectrum users while FCC has not done so for nonfederal spectrum users, but both spectrum management agencies have taken actions to resolve specific cases of interference and conducted research to improve receiver performance."

As for challenges to further improvement of receiver performance, the report states that the "challenges include the lack of coordination across industries when developing receiver standards, the lack of incentives to improve receivers, and the difficulty accommodating a changing spectrum environment."

The report explains that "there are no incentives for manufacturers to build more robust receivers, primarily because the manufacturers will not receive the benefits. Rather, those who want to make more spectrum available or share spectrum will benefit."

Instead, "companies have an incentive to make the cheapest receiver possible -- that is, a receiver with poor filtering capabilities that is more sensitive to emissions from other bands -- and no incentive to work with licensees in neighboring spectrum bands."

Also, "federal users currently have no incentive to improve the efficiency with which they use their own spectrum allocation, nor does the federal system as a whole have incentives to improve its overall efficiency".

Finally, this report reviews the "options that could be taken or led by FCC and NTIA, with the aim of increasing spectrum efficiency", such as voluntary industry standards and mandatory standards, and addresses their costs and benefits.

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In This Issue
This issue contains the following items:
 • Japan May Join TPPA Negotiations
 • Abe Advocates Rules for Trade, Investment and IP
 • SEC Commissioner Aquilar Calls for More Regulation of Stock Market Technologies
 • Senate Debates Court of Appeals Nominees
 • GAO Releases Report on Receiver Performance
Washington Tech Calendar
New items are highlighted in red.
Tuesday, February 26

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

The Senate will meet at 10:00 AM.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Subcommittee on Research will hold a joint hearing titled "Cyber R&D Challenges and Solutions". The witnesses will be Michael Barrett (PayPal), Frederick Chang (21CT, Inc.), and Terry Benzel (USC Information Sciences Institute). See, notice. Location: Room 2318, Rayburn Building.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing titled "The Semiannual Monetary Policy Report to the Congress". The witness will be Ben Bernanke (Chairman of the Federal Reserve Board). See, notice. Location: Room 106, Dirksen Building.

10:00 AM. Secretary of Homeland Security Janet Napolitano will give a speech titled "State of America's Homeland Security". Webcast by Brookings Institution. See, notice. Location: Brookings, 1775 Massachusetts Ave., NW.

10:00 AM - 3:00 PM. The Public Knowledge (PK) will host an event titled "2013 PK Policy Symposium". There will be panels titled "Data Caps", "Future of Video", "Copyright Reform", and "Digital First Sale". See, notice and registration page. Location: Room SVC201-00, Capitol Visitor Center.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "The Rebalance to Asia: Why South Asia Matters (Part I)". The witnesses will be Robert Blake (Department of State) and Joseph Yun (Department of State). See, notice. Location: Room 2172, Rayburn Building.

2:00 - 3:30 PM. The Brookings Institution (BI) will host a panel discussion titled "How Do Government Restrictions Harm International Online Trade and Commerce?". The speakers will be Stanford McCoy (Assistant U.S. Trade Representative for Intellectual Property and Innovation), Jonathan McHale (Deputy Assistant U.S. Trade Representative for Telecommunications and Electronic Commerce Policy), Matthew Yglesias (Slate Magazine), Jake Colvin (National Foreign Trade Council), Allan Friedman (BI), and Joshua Meltzer (BI). Webcast. See, notice. Location: Location: BI, 1775 Massachusetts Ave., NW.

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

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding IP Captioned Telephone Service. This item is FCC 13-13 in CG Docket Nos. 13-24 and 03-123. The FCC adopted this item on January 24, 2013, and released the text on January 25. See, notice in the Federal Register, Vol. 78, No. 24, February 5, 2013, at Pages 8090-8096.

Wednesday, February 27

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

CANCELLED. 5:30 - 7:00 PM. The Institute for Policy Innovation (IPI) will host a reception in advance of its February 28 event titled "5th Annual Communications Summit".

9:00 AM - 5:00 PM. Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register Vol. 78, No. 23, February 4, 2013, at Pages 7797-7798. Location: Ronald Reagan International Trade Center, 1300 Pennsylvania Ave., NW.

9:30 AM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "Time to Reform Information Technology Acquisition: The Federal IT Acquisition Reform Act". Location: Room 2154, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on the Legislative Branch will hold a hearing on the budget for the Library of Congress. The witness will be James Billington. No webcast. See, notice. Location: Room HT-2, Capitol Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Is the Broadband Stimulus Working?". The witnesses will be Lawrence Strickling (head of the DOC's NTIA), John Padalino (acting head of the RUS), Pete Kirchh (Colorado Telecommunications Association), Ann Eilers (DOC Principal Assistant Inspector General for Audit and Evaluation), Michael Smith (FairPoint Communications), Bruce Abraham (North Georgia Network), and Joe Freddoso (MCNC). See, notice. Location: Room 2322, Rayburn Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "What Intellectual Property Attorneys Need to Know About the New gTLD Program". The speakers will be Scott Harlan (Steptoe & Johnson), Brian Winterfeldt (Steptoe & Johnson), and Danny Awdeh (Finnegan). The price to attend ranges from $15 to $25. No CLE credits. Closed to reporters. See, notice. For more information, call 202-626-3488. Location: Steptoe & Johnson, 1330 Connecticut, Ave., NW.

2:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of Jane Kelly to be a Judge of the U.S. Court of Appeals (8thCir). Webcast. See, notice. Location: Room 226, Dirksen Building.

2:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Immigration and Border Security will hold a hearing titled "How E-Verify Works and How it Benefits American Employers and Workers". The witnesses will be Soraya Correa (DHS's U.S. Citizenship and Immigration Services), Chris Gamvroulas (Ivory Homes), Randel Johnson (U.S. Chamber of Commerce), and Emily Tulli (National Immigration Law Center). See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notices (PNs) regarding development of the forward looking cost model for Connect America Phase II. These PNs are DA 12-1561, DA 12-1687, DA 12-2011, DA 12-2029, and DA 13-70 in WC Docket Nos. 10-90 and 05-337. See, notice in the Federal Register, Vol. 78, No. 18, January 28, 2013, at Pages 5765-5767.

Thursday, February 28

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

CANCELLED. 9:00 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "5th Annual Communications Summit". Free. Open to the public. Lunch will be served. See, notice and registration page. Location: Reserve Officers Association, 5th Floor, One Constitution Ave., NE.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing titled "The Obama Administration's Regulatory War on Jobs, the Economy, and America's Global Competitiveness". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

9:00 AM - 2:00 PM. Day two of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register Vol. 78, No. 23, February 4, 2013, at Pages 7797-7798. Location: Ronald Reagan International Trade Center, 1300 Pennsylvania Ave., NW.

10:00 AM. The House Small Business Committee (HSBC) will hold a hearing titled "Small Business Trade Agenda: Opportunities in the 113th Congress". The witnesses will be Daniel Ogden (testifying on behalf of the National District Export Council), Jennifer Fulton (on behalf of the the U.S. Chamber of Commerce), and Raymond Arth (on behalf of the National Small Business Association and Small Business Exporters Association). See, notice. Location: Room 2360, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration several bills, the nomination of David Medine to be Chairman of the Privacy and Civil Liberties Oversight Board, and numerous judicial nominees: William Orrick (USDC/NDCal), Nelson Roman (USDC/SDNY), Shelly Dick (USDC/MDLa), Sheri Chappell (USDC/MDFl), Kenneth Gonzales (USDC/DNMex), Michael McShane (USDC/DOre), Nitza Alejandro (USDC/EDPenn), Luis Restrepo (USDC/EDPenn), and Jeffrey Schmehl (USDC/EDPenn). See, notice. Webcast. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The National Economists Club (NEC) will host a lunch. The speaker will be Michel Lind (New America Foundation), author of the book titled "In Land of Promise: An Economic History of the United States". Price: $16-$25. No webcast. See, notice. Location: Chinatown Garden Restaurant, 618 H St., NW.

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

6:00 - 8:00 PM. The New America Foundation (NAF) will host a discussion of the book [368 pages, Amazon] titled "Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age". The speakers will be the author, Susan Crawford (Cardozo law school), and Sacha Meinrath (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Video Programming and Distribution Committee will host an event titled "The 1992 Cable Act: 20 Years Later". The speakers will include Toni Bush (Skadden Arps), Paul Glist (Davis Wright Tremaine), Seth Davidson (Edwards Wildman Palmer), Jim Casserly (Willkie Farr & Gallagher), Howard Symons (Mintz Levin), Diane Burstein (NCTA), and Loretta Polk (NCTA). No webcast. CLE credits. Prices vary. See, notice. Reservations and cancellations are due by 12:00 NOON on February 27. Location: Wiley Rein, 1776 K St., NW.

5:00 PM. Deadline to submit 2012 DART Royalty Claims Forms to the Copyright Royalty Board (CRB). See, online claims form.

Friday, March 1

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

Supreme Court conference day. See, Supreme Court calendar.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "The Spectrum Crunch: Causes and Solutions". The speakers will be Coleman Bazelon (Brattle Group), William Lehr (MIT), Gregory Rosston (Stanford Institute for Economic Policy Research), Scott Wallsten (TPI), Lawrence White (New York University business school), and Thomas Lenard (TPI). Free. Open to the public. Lunch will be served. No CLE credits. See, notice. Location: Room B-338, Rayburn Building, Capitol Hill.

Deadline to submit comments to the Department of Justice's (DOJ) Antitrust Division regarding its proposed settlement with Penguin in its Sherman Act action against Apple and five e-book publishers. See, stories titled "DOJ Settles With Penguin in E-Books Antitrust Action" in TLJ Daily E-Mail Alert No. 2,494, December 19, 2012, and "DOJ Publishes Second Tunney Act Notice in Apple E-Books Antitrust Case" in TLJ Daily E-Mail Alert No. 2,500, December 31, 2012. See also, Tunney Act notice in the Federal Register, Vol. 77, No. 250, December 31, 2012, at Pages 77094-77111.

5:00 PM. Deadline to submit certification letters to the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) regarding participation in the "National Cybersecurity Center of Excellence Secure Exchange of Electronic Health Information Demonstration Project". See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2953-2954.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Fifth Notice of Proposed Rulemaking [24 pages in PDF] related to its outdated media ownership regulatory regime, and its commercial broadcast ownership reporting requirements and FCC Form No. 323. The FCC adopted this NPRM on October 15, 2009. The FCC again seeks comments. This NPRM is FCC 09-92 in MB Docket Nos. 07-294, 06-121, 02-277, and 04-228, and MM Docket Nos. 01-235, 01-317, 00-244. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Sixth Further Notice of Proposed Rulemaking [27 pages in PDF] related to its outdated media ownership regulatory regime. This NPRM seeks comments on proposals to increase FCC data collection burdens. The FCC adopted this item on December 21, 2012, and released the text on January 3, 2013. It is FCC 12-166 in MB Docket No. 07-294. See, notice in the Federal Register, Vol. 78, No. 10, January 15, 2013, at Pages 2925-2934. See also, January 15 Public Notice [2 pages in PDF], DA 13-56.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rule Making (3rdFNPRM) regarding 121.5 MHz emergency locator transmitters (ELTs). This item is FCC 13-2 in WT Docket No. 01-289. The FCC adopted this item on January 7, 2013, and released the text on January 8. See, notice in the Federal Register, Vol. 78, No. 20, January 30, 2013, at Pages 6276-6278.

Monday, March 4

EXTENDED FROM FEBRUARY 4. 5:00 PM. Extended deadline to submit reply comments to the Copyright Office (CO) in response to its notice of inquiry (NOI) titled "Orphan Works and Mass Digitization". See, notice in the Federal Register, Vol. 77, No. 204, October 22, 2012, at Pages 64555-64561. See also, story titled "Copyright Office Issues Notice of Inquiry on Orphan Works" in TLJ Daily E-Mail Alert No. 2,468, November 2, 2012. See, extension notice in the Federal Register, Vol. 77, No. 231, November 30, 2012 at Page 71452.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [22 pages in PDF] that proposes new rules for the FCC's universal service tax and subsidy program. This PN seeks comments on procedures to determine what areas are eligible for Connect America Phase II funding and how carriers may elect to accept or decline a statewide commitment in Connect America Phase II. The FCC released this PN on December 27, 2012. It is DA 12-2075 in WC Docket No. 10-90. See, notice in the Federal Register, Vol. 78, No. 13, January 18, 2013, at Pages 4100-4107.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-63 -2 [123 pages in PDF], titled "Electronic Authentication Guideline", released on February 1, 2013.

Tuesday, March 5

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Immigration and Border Security will hold a hearing titled "Hearing on Enhancing American Competitiveness through Skilled Immigration". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the budget for the Department of Commerce (DOC). See, notice. Location: Room H-309, Capitol Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Energy and Water Development, and Related Agencies will hold a hearing on the Department of Energy's (DOE) science budget. See, notice. Location: Room 2362-B, Rayburn Building.

12:00 NOON - 2:15 PM. The American Enterprise Institute (AEI) will host an event titled "Taking the long view: Strategies for peacetime competition with China". The keynote speaker will be Rep. Randy Forbes (R-VA). The other speakers will be Dan Blumenthal (AEI), Jim Thomas (Center for Strategic and Budgetary Assessments), Toshi Yoshihara (US Naval War College), and Thomas Mahnken (US Naval War College). Webcast. Free. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.