Tech Law Journal Daily E-Mail Alert
Sunday, May 12, 2013, Alert No. 2,559.
Home Page | Calendar | Subscribe | Back Issues | Reference
Sen. McCain Introduces Multichannel Video Programming Bill

5/9. Sen. John McCain (R-AZ) introduced S 912 [LOC | WW | PDF], the "Television Consumer Freedom Act of 2013", a bill that would make several changes to law regarding multichannel video programming.

First, it would create disincentives to not providing a la carte channel offerings. Second, it would effectively require that broadcasters retransmit the same signal over the air, without degradation, that they retransmit to an MVPD. Third, it would eliminate the sports blackout rule for events that are held in publicly financed stadiums.

There are no original cosponsors of this bill. It was referred to the Senate Commerce Committee (SCC).

The SCC's Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "The State of Video" at 10:30 AM on Tuesday, May 14, 2013.

Sen. John McCainSen. McCain (at right) has long advocated, unsuccessfully, for legislation or Federal Communications Commission (FCC) rules, that would mandate or encourage a la carte offering of cable channels. He said that this bill would "encourage the wholesale and retail unbundling of programming by distributors and programmers". (See, Congressional Record, May 9, 2013, at Page S3330-1, and transcript in Sen. McCain's web site.)

He complained that the "video industry -- principally cable companies and satellite companies and the programmers that sell channels, such as NBC and Disney-ABC" have offered consumers only packages of channels, and rising prices.

He said that the companies "that provide video directly to consumers, such as cable and satellite companies, are not solely to blame for the high prices consumers face today". There are also the "video programmers such as Comcast, NBC, Time Warner, Viacom, and the Walt Disney Company, which owns 80 percent of ESPN".

He said that this bill "would eliminate regulatory barriers to a la carte by freeing up multichannel video programming distributors, such as cable, satellite, and others offering video services, to offer any video programming service on an a la carte basis."

A La Carte. First, while this bill would not mandate that multichannel video programming channels be offered on an a la carte basis, it would make several changes to law to incent a la carte offerings.

Sen. McCain explained that "In order to give these companies an incentive to offer programming on an a la carte basis, the legislation links the availability of the compulsory copyright license to the voluntary offering of a la carte service by the MVPD. In other words, if these companies do not offer a broadcast station and any other channels owned by the broadcaster on an a la carte basis, then that company cannot rely on the compulsory license to carry those broadcast stations. The compulsory license is a benefit conferred on these corporations, so it is reasonable to ask the recipients of that benefit to provide consumers with an a la carte option. I emphasize ``an option.´´"

The bill provides that a multichannel video programming distributor (MVPD) "may provide subscribers with any channel of video programming on an la carte basis".

The bill further provides that "the retransmission by" a MVPD "of a local commercial television station that has elected retransmission consent under" 47 U.S.C. § 325(b) "shall not be subject to the statutory license under" 17 U.S.C. § 111(c) and 17 U.S.C. § 122 if the MVPD "does not offer such local commercial television station, and any other channels of video programming under common control with such local commercial television station, for purchase by subscribers on an a la carte basis".

Sen. McCain also said that "To address the notion that a la carte options are being denied distributors, the legislation conditions important regulatory benefits such as network nonduplication, syndicated exclusivity, blackout rights, and retransmission consent option on the programmers, allowing MVPDs to sell their channels on an a la carte basis."

To this end, the bill provides that "a local commercial television station may not elect retransmission consent under section 325(b) ... or avail itself of the protections of the network program non-duplication and syndicated exclusivity regulations ... if such local commercial television station, and any other channels of video programming under common control with such local commercial television station, is not made available to" MVPDs "for purchase or sale on an a la carte basis". (See, FCC regulations regarding network non-duplication protection, syndicated exclusivity and sports blackout, which are codified at 47 C.F.R. 76.92 et seq.)

Also, the bill provides that a video programming vendor (VPV) "may offer a channel of video programming for purchase by a" MVPD "as part of a package of video programming only if such" VPV "also offers such channel of video programming for purchase by the" MVPD "on an a la carte basis".

Finally, the bill provides that if a MVPD and a VPV "fail to reach agreement regarding the terms, including price, for the purchase by the" MVPD "of the right to provide subscribers with a local commercial television station or other channel of video programming from the" VPV on an a la carte basis, the MVPD and the VPV each shall disclose to the FCC the terms of the most recent offer made by the MVPD and the VPV, respectively.

Withdrawal or Downgrading of Over the Air Signals. This bill would amend 47 U.S.C. § 325(b) to provide that "A television broadcast station that does not retransmit the signal over-the-air that is identical to the signal retransmitted to a multichannel video programming distributor shall forfeit any spectrum license of such television broadcast station."

Sen. McCain explained that this "responds to statements by broadcast executives that they may downgrade the content of their over-the-air signals or pull them altogether so that the program received by MVPD customers is preferable to that available over the air."

He said that broadcasters have "public service obligations", and it "would be a distortion of this basic social compact if over-the-air viewers were treated as second-class citizens."

Sports Blackout Rules. The FCC's sports blackout rules, which are codified at 47 C.F.R. §§ 76.111, 76.120, 76.127-130, prohibit MVPDs from carrying a sporting event if the event is blacked out on local broadcast television stations.

Currently, only National Football League (NFL) games are subject to blackouts. Overall, only about 6% of NFL games are blacked out. However, the percentage is much higher for some locations.

This bill would require the FCC to amend its rules "to prohibit the application of sports blackout regulations to the broadcast of a sporting event taking place in a venue the construction of which was financed, in whole or in part, by the Federal Government or a State or local government."

Sen. McCain stated that "When the venues in which these sporting events take place have been the beneficiary of taxpayer funding, it is unconscionable to deny those taxpayers who paid for it the ability to watch the games on television when they would otherwise be available. Therefore, the bill proposes to repeal the sports blackout rules so far as they apply to events taking place in publicly financed venues and/or involve a publicly financed local sports team."

On November 14, 2011 the Sports Fan Coalition, Public Knowledge (PK), Media Access Project (MAP), National Consumers League, and League of Fans filed a Petition for Rulemaking [21 pages in PDF] with the FCC asking that it eliminate its sports blackout rules.

They wrote that "the Sports Blackout Rule supports blatantly anti-fan, anti-consumer behavior by professional sports leagues who charge exorbitant prices for tickets, then punish fans by blacking out games from television because a few seats remain unsold. Moreover, when professional and collegiate sports enjoy vast public subsidies in the form of taxpayer-funded stadiums".

The FCC sought and received public comments. See, request for comments, DA 12-44 in MB Docket No. 12-3.

The petitioners' submitted comments and comments. They argued that "The leagues are at the root of the problem because they currently charge exorbitant prices for tickets, which in turn results in lower attendance. The leagues then punish fans by blacking out games from television because a few seats remain unsold, under the theory that doing so will help ticket revenues and avoid television images of empty seats."

The National Association of Broadcasters (NAB) submitted comments and comments opposing elimination. It wrote that "The so-called sports blackout rules contained in Part 76 of the Commission's rules are not the source of sports blackouts. Sports blackouts stem from privately negotiated agreements that sports leagues use to provide geographic distribution rights to sports content. These private agreements facilitate access to sports content on free, over-the-air television. The sports blackout rules serve to prevent multichannel video program distributors (``MVPDs´´) from using statutory compulsory copyright licenses to circumvent the sports leagues' privately negotiated contracts for distribution of their content."

The NAB argued that "Contrary to Petitioners' assertions, there is no evidence that elimination of the FCC.s rules will alter those private contractual agreements, eliminate the relatively few blackouts that occur, or cause sports leagues to lower ticket prices. These assertions are purely speculative, and the Commission cannot, and should not, rely upon them to eliminate the sports blackout rules." (Footnotes omitted.)

The NFL submitted comments opposing elimination. It also submitted an ex parte comment on October 3, 2012, in which it argued that the "FCC's sports blackout rule serves the public interest by promoting popular sports to remain on broadcast television and in that context protects the broadcast model."

The NFL added that the FCC’s sports blackout rule, coupled with the network nonduplication and syndicated exclusivity rules, provide a necessary counterbalance to the compulsory copyright rule and that it would be unfair and unwise to get rid of these safeguards while maintaining the compulsory copyright."

A group of sports economists submitted comments [23 pages in PDF] in which they argued that "Research on the economics of sports and broadcasting lends no support to the concerns that have been expressed by the NFL and broadcasters. There is no evidence that the current blackout practices of the NFL have a significant effect on attendance, revenues, profits and the allocation of television rights between over-the-air and MVPDS broadcasters. The current FCC rules do not pertain to the actual blackout practices in any league except the NFL, and even in the NFL, the FCC's blackout rules are more symbolic than real. If the FCC eliminates its blackout rules, the NFL can continue the status quo through provisions in its television contracts."

See also, comments submitted by Sen. Richard Blumenthal (D-CT), Sen. Sherrod Brown (D-OH), Sen. Frank Lautenberg (D-NJ), Sen. Tom Harkin (D-IA), and Sen. Debbie Stabenow (D-MI).

Reaction. The National Cable and Telecommunications Association (NCTA) stated in a release that "In a thriving marketplace that is constantly providing consumers with new services and features, a government-mandated a la carte system is a lose-lose proposition. As countless studies have demonstrated, subscription bundles offer a wider array of viewing options, increased programming diversity and better value than per channel options."

The NCTA added that "In today's video marketplace, consumers enjoy more choice than ever before. They can choose their video entertainment from a variety of cable, satellite, telco and online providers; they can consume video on their TVs, their iPads, and their mobile phones; and they can purchase video via traditional subscription bundles, online bundles and individual shows. In the face of such innovation and expansion, attempting to force retail models on private providers is unnecessary and counterproductive."

Matthew Polka, head of the American Cable Association (ACA), stated in a release that "Sen. McCain's new bill highlights a point that many, including ACA, have been making for a long time, which is that programmers use their formidable market power to impose tying-and-bundling requirements on unwilling distributors. The result is that consumers must subscribe to large pay-TV packages that are populated with dozens of unwanted channels."

However, Polka continued that the "ACA does not believe that mandated retail a la carte for every channel offered is the answer, but we look forward to working with Sen. McCain in helping shape policies that deal with the influence of programmers in a manner that gives distributors the genuine ability to create consumer-friendly programming packages as a substitute for the all-or-nothing status quo that enriches programmers but frustrates millions of consumers."

The Sports Fans Coalition stated in a release that Sen. McCain "did sports fans a huge solid by including a provision in his new telecom bill that would eliminate the sports blackout rule in stadiums that have received, in part or whole, public financing. Sports Fans Coalition applauds Sen. McCain for standing up for fans and putting an end to this antiquated and unethical practice."

People and Appointments

5/6. Matthew Levy joined the Computer and Communications Industry Association (CCIA) as Patent Counsel. The CCIA stated in a release that Levy has filed and prosecuted patents before the U.S. Patent & Trademark Office (USPTO), and defended clients in the U.S. District Courts "against patent trolls". 

5/2. The Motion Picture Association of America (MPAA) announced in internal changes in its communications staff. Howard Gantman is now Vice President, Global Strategic Communications. The MPAA stated in a release that he "will focus on global message coordination and communication strategies for international initiatives, litigation, research and internal communications for the MPAA. He will also work with our key stakeholders, entertainment industry alliances and other third parties on strategic communications priorities." In addition, Kate Bedingfield was promoted to the position of Vice President, Corporate Communications. She will be the MPAA's "chief spokesperson". Laura Nichols is Executive Vice President for Global Communications.

About Tech Law Journal

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

Solution Graphics

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2013 David Carney. All rights reserved.

In This Issue
This issue contains the following items:
 • Sen. McCain Introduces Multichannel Video Programming Bill
 • People and Appointments
Washington Tech Calendar
New items are highlighted in red.
Monday, May 13

The House will meet at 2:00 PM in pro forma session. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Antitrust and the First Amendment". The ABA notice states that the panelists will discuss these questions: "Can the ranking of search engine results be challenged under antitrust or is that ranking an "opinion"? Can the FCC mandate that cable operators follow net neutrality rules? Can the antitrust laws bar firms subject to a F/RAND commitment on a standard essential patent from seeking an injunction?" The speakers will be Emilio Varanini (California Office of the Attorney General), Suzanne Munck (FTC Office of Policy Planning & Chief Counsel for Intellectual Property), Eugene Volokh (UCLA Law School), Frank Pasquale (Seton Hall Law School), Berin Szoka (Tech Freedom), and Bradley Lui (Morrison & Foerster). Free. No CLE credits.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Music Licensing in a Digital World: Sound Recordings, Songs and More". The speakers will be Jeff Brabec (BMG Chrysalis), Todd Brabec, and Henry Root (both of Lapidus Root Franklin & Sacharow). Prices vary. CLE credits. See, notice.

3:00 PM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing on the nomination of Brian Deese to be Deputy Director of the Office of Management and Budget (OMB). See, notice. Location: Room 342, Dirksen Building.

Tuesday, May 14

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider under suspension of the rules HR 1580 [LOC | WW], an untitled bill that states that "It is the policy of the United States to preserve and advance the successful multistakeholder model that governs the Internet." Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

8:45 AM - 1:30 PM. The Center for Strategic and International Studies (CSIS) and Japan External Trade Organization (JETRO) will host an event titled "Seminar on Asia-Pacific Economic Integration". Sen. Ben Cardin (D-MD) is scheduled to speak at 8:50 AM. Hiroyuki Ishige (Ch/CEO of JETRO) is scheduled to speak at 9:35 AM. There will be a panel titled "New Developments in Asia Pacific Economic Integration" at 9:55 AM. The speakers will include Zhang Jianping (PRC's National Development and Reform Commission), Shujiro Urata (Waseda University), Hank Lim (Singapore Institute of International Affairs), Scott Miller (CSIS) and Michael Green (CSIS). Wendy Cutler (Assistant U.S. Trade Representative for Japan, Korea, and APEC Affairs) will be the luncheon speaker. See, notice. Location: CSIS, 1800 K St., NW.

9:00 - 10:00 AM. The Georgetown University's Georgetown Center for Business & Public Policy (GCBPP) will host a panel discussion titled "Spectrum Auction Policy: Potential Outcomes for Economic Growth and Public Safety". The speakers will be Douglas Eakin (American Action Forum), Robert Shapiro (Sonecon), and John Mayo (Georgetown University). Free. Breakfast will be served. See, notice and registration page. Location: Room B-340, Rayburn Building.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (MPETAC) will meet in partially closed session. The open portion of this meeting will also be teleconferenced. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24160-1. Location: DOC, Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The Senate Judiciary Committee (SJC) will continue the executive business meeting that it began on May 9, 2013. The SJC is marking up S 744 [LOC | WW], the "Border Security, Economic Opportunity, and Immigration Modernization Act". There will be a live and archived webcast. See, notice. Location: Room G-50, Dirksen Building.

10:00 AM - 12:15 PM. The American Enterprise Institute (AEI) will host an event titled "Game Changer: Japan and the Trans-Pacific Partnership Agreement". Kenichiro Sasae (Ambassador of Japan) will give the keynote address, followed by a panel discussion. The panelists will be Mac Destler (University of Maryland), Gordon Flake (Mansfield Foundation), Mireya Solis (Brookings Institution), and Claude Barfield (AEI). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

10:30 AM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "State of Video". The witnesses will be Gordon Smith (National Association of Broadcasters), Michael Powell (National Cable & Telecommunications Association), Stanton Dodge (DISH Network), and John Bergmayer (Public Knowledge). See, notice. Location: Room 253, Russell Building.

12:15 PM. The Senate Foreign Relations Committee (SAC) will hold a meeting to mark up several items, including S 579 [LOC | WW], a bill to direct the Secretary of State to develop a strategy to obtain observer status for Taiwan at the triennial International Civil Aviation Organization Assembly. See, notice. Location: Room S-116, Capitol Building.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "New Technologies and the Changing Face of Communications Law". The speakers will be Austin Schlick (Google), Robert Quinn (AT&T), Lynn Charytan (Comcast), Corie Wright (Netflix), Brendan Kasper (Vonage), and Justin Faulb (Eckert Seamans). For more information, contact Brendan Carr at Brendan dot Carr at fcc dot gov or Justin Faulb at Jfaulb at eckertseamans dot com. Location: Hogan Lovells, 555 13th St., NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Drone Wars: Counterterrorism and Human Rights". Lunch will be served. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust will host a teleconferenced panel discussion titled "Privacy and Information Security Update". The speakers will be Benita Kahn (Vorys Sater Seymour & Pease) and David Keating, Paul Martino, Kim Peretti, and Bruce Sarkisian (all of Alston & Bird). No CLE credits. See, notice.

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

Wednesday, May 15

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

12:00 NOON - 1:30 PM. The Institute for Policy Innovation (IPI) will host a panel discussion titled "Software Patents: A Bridge for Trolls". The speakers will be Robert Stoll (Drinker Biddle & Reath), Jon Potter (Application Developers Alliance), and Gary Greenfield. Free. Open to the public. Lunch will be served. See, notice and registration page. Location: Room 2325, Rayburn Building.

12:00 NOON - 5:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Unfinished Business: Wireless Competition and the FCC Transition". The speakers will be Rebecca Thompson (Competitive Carriers Association), Matt Wood (Free Press), Steve Sharkey (T-Mobile), Steven Renderos (Center for Media Justice), Michael Calabrese (NAF), and Sascha Meinrath (NAF). Lunch will be served. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 PM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. Location: Room 2141, Rayburn Building.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Patent Reform Implementation and New Challenges for Small Businesses". The witnesses will be Dennis Crouch (University of Missouri School of Law), Jeff Granger (The Foundry, testifying for the Medical Device Manufacturers Association), John Thomas (Georgetown University), and Mark Grady (INdigital Telecom). See, notice. Location: Room 2360, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) titled "The Road Ahead: Advanced Vehicle Technology and its Implications". The topics to be covered include vehicle to vehicle communication and communications and entertainment devices for drivers. The witnesses will be __. See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host a panel discussion titled "Can They Fire Me For Putting That on Facebook?". Julienne Bramesco (Clearspire Law), Lily Garcia (Clearspire Law), and Diane Seltzer. The price to attend ranges from $89 to $129. CLE credits. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

Thursday, May 16

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

Supreme Court conference day. See, Supreme Court calendar.

8:30 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on on Immigration and Border Security will meet. The agenda includes several non-technology related items, and a hearing on HR 1772 [LOC | WW], the "Legal Workforce Act", a bill to make employer participation in the E-Verify system mandatory. The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. See, notice.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies will hold a hearing titled "Facilitating Cyber Threat Information Sharing and Partnering with the Private Sector to Protect Critical Infrastructure: An Assessment of DHS Capabilities". The witnesses will be __. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science, and Related Agencies will hold a partially closed hearing on the FY 2014 budget for the Federal Bureau of Investigation (FBI). The witness will be FBI Director Robert Mueller. The open portion of the meeting will be held at 10:00 AM in Room 192, Dirksen Building. The closed portion will be held at 11:15 AM in Room SVC-217, Capitol Building.

12:30 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The Ethics of Legal Marketing in a Social Media Age". The speakers will be Charles Gardner (Much Shelist), William Slease (Disciplinary Board of the State of New Mexico), Peter Winders (Carlton Fields), Tracy Kepler (Illinois Attorney Registration & Disciplinary Commission). Prices vary. CLE credits. See, notice.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing titled "A Case Study for Consensus Building: The Copyright Principles Project". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "U.S.-EU Trade and Investment Partnership Negotiations". See, notice. Location: Room 1100, Longworth Building.

2:00 PM. The House Science Committee's (HSC) Subcommittee on Oversight will hold a hearing titled "Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation while Protecting Critical Information". The witnesses will be Charles Vest (National Academy of Engineering), Larry Wortzel (Commissioner, U.S.-China Economic and Security Review Commission), Michelle Van Cleave (George Washington University), and David Major (Centre for Counterintelligence and Security Studies). See, notice. Location: Room 2318, Rayburn Building.

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

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) in response to its March 14, 2013 Public Notice [4 pages in PDF] requesting comments to refresh the record regarding fraudulent 911 calls made from Non-Service Initialized (NSI) devices, blocking NSI devices used to make fraudulent 911 calls, and other possible solutions to the problem of fraudulent 911 calls from NSI devices. This item is DA 13-430 in EB Docket No. 08-51. See, notice in the Federal Register, Vol 78, No. 62, April 1, 2013, at Pages 19442-19443.

Friday, May 17

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

8:30 AM - 2:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering. See, notice in the Federal Register, Vol. 78, No. 79,  April 24, 2013, at Page 24239. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, Homeland Security and Investigations will hold a hearing titled "Eyes in the Sky: The Domestic Use of Unmanned Aerial Systems". The witnesses will be __. See, notice. Location: Room 2141, Rayburn Building.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The Virtual Office, Working Remotely, and Online Collaboration". Prices vary. CLE credits. See, notice.

Monday, May 20

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding it revisions to its patent fees rule. See, notice in the Federal Register, Vol. 78, No. 54, March 20, 2013, at Pages 17102-17108, and story titled "USPTO Issues Corrected Patent Fees Rule" in TLJ Daily E-Mail Alert No. 2,540, March 25, 2013.

Deadline to submit replies to oppositions to the Federal Communications Commission (FCC) to the Petition for Reconsideration and Clarification [12 pages in PDF] filed by the US Telecom regarding the rural health care reform Report and Order [242 pages in PDF], adopted on December 12, 2012 and released on December 21, FCC 12-150 in WC Docket No. 02-60. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Page 24147.