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Thursday, June 13, 2013, Alert No. 2,577.
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Rep. Lofgren Reintroduces Wireless Tax Fairness Act

6/12. Rep. Zoe Lofgren (D-CA) and Rep. Trent Franks (R-AZ) introduced HR 2309 [LOC | WW | PDF], the "Wireless Tax Fairness Act".

This bill would provide that "No State or local jurisdiction shall impose a new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property, during the 5-year period beginning on the date of enactment of this Act."

Rep. Zoe LofgrenRep. Lofgren (at right) stated in a release that "Wireless connectivity is becoming the simplest and easiest route of choice to the Internet, but instead of encouraging that we're burdening it with taxes ... This bill is needed to hit the pause button and stop these arbitrary taxes from increasing. By doing so, we'll bring needed stability to the wireless marketplace for customers to choose their services based on merit and need so we can see these platforms of innovation and job growth expand."

Rep. Lofgren's release adds that "The average 17.2% in taxes and fees wireless customers now pay is more than twice the average rate of 7.4% on other goods and services. In many localities, this cumulative tax burden is even higher: 26.8% in Baltimore, 19.9% in Omaha, 18.2% in Tallahassee, and 20.4% in New York City."

Rep. Lofgren has been introducing similar bills for a long time. In the 112th Congress she sponsored HR 1002 [LOC | WW], the "Wireless Tax Fairness Act of 2011". The House passed that bill on November 1, 2011. However, the Senate did not pass it. The companion bill in the Senate in the 112th Congress was S 543 [LOC | WW], also titled the "Wireless Tax Fairness Act of 2011". The Senate took no action on either bill.

Rep. Lofgren introduced HR 1521 [LOC | WW], "Cell Tax Fairness Act of 2009" in the 111th Congress.

Rep. Lofgren introduced HR 5793 [LOC | WW], the "Cell Tax Fairness Act", in the 110th Congress.

The bill's prohibition is subject to numerous exemptions. Some are inherent in the clause "new discriminatory tax on or with respect to mobile services ...". Others are found in the definitions contained in the bill.

For example, the bill's definition of the term "tax" excludes several categories of taxes. It excludes taxes that are "used to preserve and advance Federal universal service or similar State programs authorized by" 47 U.S.C. § 254.

It also excludes taxes that are "specifically dedicated by a State or local jurisdiction for the support of E–911 communications systems". It also excludes taxes that are used for federal or state telecommunications relay services.

The bill provides that there is a private right of action in the U.S. District Court to enjoin violations of the prohibition contained in this act. However, this bill does not provide for the recovery of damages, or recovery of taxes collected in violation of the prohibition of this bill. That could run afoul of the 11th Amendment, as interpreted by the Supreme Court.

Supreme Court Holds That DNA Segment is Not Patentable But Synthetically Created DNA Is

6/13.The Supreme Court released its opinion [22 pages in PDF] in Association for Molecular Pathology v. Myriad Genetics, holding under 35 U.S.C. § 101 that "a naturally occurring DNA segment is a product of nature and not patent eligible under merely because it has been isolated but that cDNA is patent eligible because it is not naturally occurring".

The Court reversed in part the judgment of the U.S. Court of Appeals (FedCir). The Court of Appeals released its divided opinion [106 pages in PDF] on August 16, 2012. It is also reported at 689 F. 3d 1303.

Justice Clarence Thomas wrote the opinion of the Court. Seven others joined. Justice Antonin Scalia joined in part, and wrote a one paragraph opinion.

Justice Thomas wrote that Myriad "discovered the precise location and sequence of two human genes, mutations of which can substantially increase the risks of breast and ovarian cancer. Myriad obtained a number of patents based upon its discovery. This case involves claims from three of them and requires us to resolve whether a naturally occurring segment of deoxyribonucleic acid (DNA) is patent eligible under 35 U. S. C. §101 by virtue of its isolation from the rest of the human genome."

"We also address the patent eligibility of synthetically created DNA known as complementary DNA (cDNA), which contains the same protein-coding information found in a segment of natural DNA but omits portions within the DNA segment that do not code for proteins."

Justice Thomas concluded that "we hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring."

The Supreme Court adopted the position taken by the Office of the Solicitor General (OSG). See, amicus curiae brief.

Justice Thomas added that "It is important to note what is not implicated by this decision. First, there are no method claims before this Court. Had Myriad created an innovative method of manipulating genes while searching for the BRCA1 and BRCA2 genes, it could possibly have sought a method patent."

Sandra Park of the American Civil Liberties Union (ACLU), which represented the plaintiffs below, and petitioners before the Supreme Court, stated in a release that "the court struck down a major barrier to patient care and medical innovation".

In contrast, Jeffrey Lewis, head of the American Intellectual Property Law Association (AIPLA), stated in a release that "today's opinion may throw into question patent protection for important technology that is critical to improving health for the public, and that has become the cornerstone of the biotech industry". See also, the AIPLA's amicus curiae brief.

Jim Greenwood, head of the Biotechnology Industry Association (BIO), and a former Representative and member of the House Commerce Committee (HCC), stated in a release that the Court "ruled that so-called cDNA remains eligible for patenting. cDNA is the commercially most important form of DNA used in biotechnology. Today's decision offers urgently-needed certainty for research-driven companies that rely on cDNA patents for investment in innovation."

However, he continued that this decision "represents a troubling departure from decades of judicial and Patent and Trademark Office precedent supporting the patentability of DNA molecules that mimic naturally-occurring sequences. In addition, the Court’s decision could unnecessarily create business uncertainty for a broader range of biotechnology inventions."

He added that the U.S. "is now the only developed country to take such a restrictive view of patent eligibility, signaling an unjustified indifference towards our global economic and scientific leadership in the life sciences."

This case is Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., Supreme Court of the U.S., Sup. Ct. No. 12–398, on certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2010-1406. The Court of Appeals heard an appeal from the U.S. District Court for the Southern District of New York, D.C. No. 09-CV-4515.

Gregory Castanias of the law firm of Jones Day argued the case for Myriad. Christopher Hansen of the ACLU argued the case for the AMP. Donald Verrilli, the Solicitor General, argued the case for the OSG.

FTC Defends Services Such As Uber Against Protectionist Regulation

6/7. The Federal Trade Commission (FTC) filed a comment [15 pages in PDF] with the District of Columbia Taxicab Commission regarding its rulemaking proceedings that affect competition in provision of taxi and vehicle for hire services. The FTC urged the Commission not to impede competition from wireless app based vehicle for hire services without a consumer protection rationale.

This comment addresses new competition from service providers that use software applications to arrange and pay for passenger motor vehicle transportation services. The FTC comment does not discuss Uber. The comment only references Uber indirectly in one footnote. However, Uber is operating in the District of Columbia area, and is the the main reason that the DC Commission is conducting these proceedings.

"We are concerned", the FTC wrote, "that certain of the proposed rules may unnecessarily impede competition in these services. We also comment on certain proposed rules that address disclosure and data security issues that applications may raise."

Uber is a company the provides vehicle for hire services in the Washington DC area, and in other large metropolitan areas in the U.S., Canada, and Europe, as well as in Singapore and Sidney, Australia. However, it competes with traditional taxi services, and therefore, has encountered protectionist application of municipal regulations.

Uber is predicated upon new technologies, especially GPS, smart phones and tablets, and mobile applications. Customers can use a smart phone app (actually, one can also send a text message) to arrange for pickups, and then track the location of the vehicle as it approaches. The app also allows online payment. It also allows the consumer to rate that driver, and the driver to rate the consumer.

The FTC comment states that "These software applications are an innovative form of competition that may enable consumers to more easily arrange and pay for commercial passenger motor vehicle transportation services, as compared to traditional methods such as street hails or prearrangement by telephone through traditional service dispatchers. For example, some applications use the Global Positioning System ("GPS") technology incorporated into smartphones to enable consumers to locate nearby vehicles and track their arrival on an electronic map, thus facilitating matching between customers and service. Some applications also utilize the GPS and computing capabilities of smartphones to enable new fare calculation methods based on one or more factors, such as distance, time, per trip fees, demand, additional services, or gratuities, which the application can then charge to a credit card. Such applications may also use third-party credit card processing and electronic receipts, in lieu of traditional payment methods and paper receipts. " (Footnotes omitted from this and other quotations.)

"These technologies and methods may be more responsive to consumer demand, may promote a more efficient allocation of resources (e.g., vehicles and drivers) to consumers, may expand demand for passenger vehicle transportation services, and may reduce consumers’ transaction costs in paying for such services." (Parentheses in original.)

The FTC comment continues that "A forward-looking regulatory framework should allow new and innovative forms of competition to enter the marketplace unless regulation is necessary to achieve some countervailing pro-competitive or other benefit, such as protecting the public from significant harm."

It elaborates, "In the case of passenger motor vehicle transportation services, competition takes place on a variety of dimensions, including price, availability, timeliness, convenience, quality, vehicle type, payment mechanism, and other amenities. A regulatory framework should enable these various kinds of competition and not directly or indirectly restrict the introduction or use of new types of applications, or the novel features they may provide, absent some significant evidence of public harm. Regulation of passenger motor vehicle transportation services should focus primarily on ensuring qualified drivers, safe and clean vehicles, sufficient liability insurance, transparency of fare information, and compliance with other applicable laws. Regulation of new computer and phone-based applications, therefore, should focus primarily on ensuring the safety of customers and drivers, deterring deceptive practices relating to fares, safety and liability, and other terms of use, and addressing other consumer protection issues, especially privacy, data security, and the prevention of identity theft. Regulation should not in purpose or effect favor one group of competitors over another."

The FTC comment notes that one proposed regulation "would prohibit a digital dispatch service from associating with a taxicab operator in a branded taxicab fleet or association", with one exception.

The FTC advises that "this restriction does not appear to be related to any evident concern with safety or consumer protection", and therefore, "staff recommends against restricting the ways that applications and operators can associate with each other".

The FTC raises similar objections to other proposed regulations.

Rep. Bob Goodlatte (R-VA), the Chairman of the House Judiciary Committee (HJC), which has jurisdiction over most antitrust law matters, spoke at the January 2013 conference titled "State of the Net". He Travis Kalanic, CEO of Uber, gave a joint luncheon colloquy. See, video [36:36 minutes in YouTube] in Rep. Goodlatte's website.

Rep. Goodlatte stated that he used the Uber service to travel from his office to the conference, and discussed with Uber the protectionist reaction to new services by existing taxi services and local regulators.

Tech Companies and Groups Seek Greater Disclosure of Surveillance Data

6/11. Technology companies and groups advocated greater transparency in the release of aggregate data regarding surveillance requests from government.

For example, David Drummond, Chief Legal Officer of Google, sent a letter to Attorney General Eric Holder and FBI Director Robert Mueller in which he asked for permission to disclose "aggregate numbers of national security requests".

He wrote that "we have consistently pushed back on overly broad government requests for our users' data", but "We have always made clear that we comply with valid legal requests."

"Assertions in the press that our compliance with these requests gives the U.S. government unfettered access to our users’ data are simply untrue. However, government nondisclosure obligations regarding the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests, fuel that speculation."

"We therefore ask you to help make it possible for Google to publish in our Transparency Report aggregate numbers of national security requests, including FISA disclosures -- in terms of both the number we receive and their scope. Google's numbers would clearly show that our compliance with these requests falls far short of the claims being made."

Twitter's Alex Macgillivray issued a statement via Twitter that might indicate that Twitter shares these views of Google. He wrote, "Completely agree with @Google, @SenJeffMerkley & others -- we'd like more NSL transparency and @Twitter supports efforts to make that happen".

Ed Black, head of the Computer and Computer Industry Association (CCIA), stated in a release that "We join industry in calling on the US government to enable companies to report aggregate national security data requests it receives from the government. Google issued such a request today in a letter to the attorney general and FBI director and Facebook issued a similar request. In addition to important transparency goals, there are serious First Amendment issues with such gag orders.

He said that "we disagree with the notion that the scope of government surveillance or how frequently these tools are used should be classified". Moreover, "There are broad costs to our nation's diplomatic, economic and trade goals if the millions of people around the world using Internet services to communicate are worried about how their information and data is being used by the US government.”

Google's disclosures, which it calls "Transparency Reports", currently are quite vague, in part because it provides data by ranges, rather than by real numbers. For example, Google disclosed in March that for the year 2012, Google received somewhere between 0 and 999 National Security Letters (NSLs) that pertained to somewhere between 1,000 and 1,999 "Users/Accounts". For the year 2011, the numbers fell within the same ranges. See, story titled "Google Discloses that it Receives FBI NSLs" in TLJ Daily E-Mail Alert No. 2,531, March 6, 2013.

Obama Picks Political Appointee for CIA Deputy Director

6/12. President Obama announced his intent to appoint Avril Haines to be Deputy Director of the Central Intelligence Agency (CIA). See, White House news office release. Her appointment is unusual because she is young, because she lacks relevant experience, and because she is political.

Historically, while the Director of the CIA has often been a political appointee, the Deputy Director has been a career intelligence professional.

Federal Election Commission (FEC) records disclose that Haines contributed to the Obama election campaigns, a few days before the 2008 general election, and on election day 2012.

Haines is currently Obama's Deputy Assistant to the President and Deputy Counsel to the President for National Security Affairs. She has worked in Obama administration posts since 2009.

In 2007 and 2008 she worked for former Sen. Joe Biden (D-DE) as a staff member for the Senate Foreign Relations Committee (SFRC), which former Sen. Biden chaired.

Haines will replace the current Deputy Director, Michael Morell, who has worked at the CIA for 33 years. Obama also announced that he intends to appoint Morell to the President’s Intelligence Advisory Board.

The current CIA Director is John Brennan. Before taking office three months ago, he worked in the Obama White House. However, he worked at the CIA from 1980 through 2005.

Judicial Appointments

6/13. The Senate confirmed Jeffrey Schmehl to be a Judge of the U.S. District Court (EDPenn) by a vote of 100-0. See, Roll Call No. 149.

6/13. The Senate confirmed Nitza Alejandro to be a Judge of the U.S. District Court (EDPenn).

6/13. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice vote the nomination of Valerie Caproni to be a Judge of the U.S. District Court (SDNY). Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, stated that "while I did not hold Ms. Caproni's nomination in Committee, I reserve my right to do so on the Senate floor". He explained that the Federal Bureau of Investigation (FBI), of which Caproni was General Counsel, has yet to produce records that he requested regarding FBI surveillance by exigent letters during Caproni's tenure. See also, story titled "Obama Nominates Caproni to District Court" in TLJ Daily E-Mail Alert No. 2,474, November 19, 2012.

6/13. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice vote the nomination of Vernon Broderick to be a Judge of the U.S. District Court (SDNY).

More People and Appointments

6/13. The Senate Judiciary Committee (SJC) held an executive business meeting at which it approved by voice vote the nomination of Tony West to be the Associate Attorney General. See also, story titled "Senate Judiciary Committee Holds Hearing on West" in TLJ Daily E-Mail Alert No. 2,568, May 31, 2013.

6/13. The House of Representatives renamed Room 2123 of the Rayburn Building the John Dingell Room. This is the main hearing room for the House Commerce Committee (HCC). Rep. John Dingell (D-MI) last week became the longest serving member in the history of the House of Representatives. See, HCC release.

6/12. Debrea Terwilliger rejoined the law firm of Wilkinson Barker Knauer. She will handle energy and communications regulatory matters in the firm's Denver, Colorado office. She is returning after seven years at the Public Utilities Commission of Nevada (PUCN).

6/12. The New America Foundation (NAF) announced that Carolyn Anhalt and Nadim Kobeissi will work as special advisors to its Open Technology Institute. Their work will involve "fighting online surveillance and censorship around the world, particularly in Iran and China". See, NAF release.

More News

6/13. Gannett and Belo announced in a release that "they have entered into a definitive merger agreement under which Gannett will acquire all outstanding shares of Belo for $13.75 per share in cash, or approximately $1.5 billion, plus the assumption of $715 million in existing debt for an enterprise value of approximately $2.2 billion. The transaction, which has been unanimously approved by the boards of directors of both companies, represents a 28.1 percent premium to the closing price of Belo common stock on June 12, 2013."

6/12. The Federal Communications Commission (FCC) set comment deadlines for its Second Notice of Proposed Rulemaking (2ndNPRM) regarding its "2000 Biennial Regulatory Review Separate Affiliate Requirements of Section 64.1903 of the Commission's Rules". The deadline to submit initial comments is July 12, 2013. The deadline to submit reply comments is August 12. The FCC adopted this NPRM on May 10, 2013 as part of its larger item [127 pages in PDF] that granted forbearance from  numerous unnecessary regulatory requirements on phone companies. The FCC released this item on May 17. It is FCC 13-69 in CC Docket No. 00-175. See, notice in the Federal Register, Vol. 78, No. 113, June 12, 2013, at Pages 35191-35195.

In This Issue
This issue contains the following items:
 • Rep. Lofgren Reintroduces Wireless Tax Fairness Act
 • Supreme Court Holds That DNA Segment is Not Patentable But Synthetically Created DNA Is
 • FTC Defends Services Such As Uber Against Protectionist Regulation
 • Tech Companies and Groups Seek Greater Disclosure of Surveillance Data
 • Obama Picks Political Appointee for CIA Deputy Director
 • Judicial Appointments
 • More People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Friday, June 14

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

The Senate will not meet. It will next meet on Monday, June 17.

8:00 AM - 4:00 PM. The Georgetown University's Georgetown Center for Business & Public Policy (GCBPP) will host an event titled "Optimal Coevolution of Mobile Broadband Technology and Spectrum Policy". See, notice and registration page. Location: McDonough School of Business, Georgetown University.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed meeting titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, House Visitor Center.

9:00 AM - 4:30 PM. The Department of Commerce's (DOC) Bureau of the Census's (BOC) Federal Economic Statistics Advisory Committee (FESAC) will meet. See, notice in the Federal Register, Vol. 78, No. 99, May 22, 2013, at Page 30269. Location: BOC Conference Center, 4600 Silver Hill Road, Suitland, MD.

10:30 AM - 3:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC) will meet to discuss ensuring access to 911 by individuals with disabilities. See, FCC Public Notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 1:15 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a an on site and teleconferenced panel discussion titled "Patent Pools". The speakers will be Amanda Reeves (Latham & Watkins), Patrick Kuhlmann (DOJ Antitrust Division), Jeffrey Blumenfeld (Crowell & Moring), and Bob Levinson (Charles River Associates). Free. No CLE credits. See, notice. Location: Latham & Watkins, Suite 1000, 555 11th St., NW.

4:30 PM. The Department of Commerce's (DOC) Bureau of the Census's (BC) Federal Economic Statistics Advisory Committee Meeting will meet. See, notice in the Federal Register, Vol. 78, No. 99, May 22, 2013, at Page 30269. Location: BC Conference Center, 4600 Silver Hill Road, Suitland, MD.

Deadline to submit Expressions of Interest to the National Telecommunications and Information Administration's (NTIA) regarding serving on the Board of Directors of the First Responder Network Authority (FirstNet). See, notice in the Federal Register, Vol. 78, No. 106, June 3, 2013, at Pages 33072-33073.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) requesting comments that supplement the record regarding the 600 MHz wireless band plan. This PN is DA 13-1157 in GN Docket No. 12-268. See, statement of Commissioner Ajit Pai explaining that this PN has "substantive and procedural infirmities that I fear will lead the incentive auction rulemaking astray". See also, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31472-31475.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding the Section 214 application [18 pages in PDF] of MCI Communications Services, Inc. dba Verizon Business Services to discontinue MCI 900 Service. See also, FCC's Public Notice. This proceeding is WC Docket No. 13-139.

Monday, June 17

11:00 AM - 12:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "A day with the French Data Protection Authority, the CNIL". The speakers will be Florence Raynal (head of the Commission Nationale de L'informatique et des Libertés' Department of European and International Affairs) and Marie-Andrée Weiss. Free. No CLE credits. See, notice.

12:00 NOON. The Tech Freedom and Competitive Enterprise Institute (CEI) will host a panel discussion titled "What Should Congress Do about Cell Phone Unlocking?" FCC Commissioner Ajit Pai will give opening remarks. The other speakers will be __. See, notice. Location: Methodist Building, 101 Maryland Ave., NE.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property and Video Programming and Distribution Committees will host a brown bag lunch titled "Copyright, Technology, and Media Litigation: A Mid-Year Review". Location: Wiley Rein, 1776 K St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding equipment authorization processes. The FCC adopted this NPRM on February 12, 2013, and released the text on February 15, 2013. It is FCC 13-19 in ET Docket No. 13-44. See also, notice in the Federal Register, Vol. 78, No. 86, May 3, 2013, at Pages 25916-25938.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) requesting input and data on mobile wireless competition to assist the FCC in preparing a report titled "Seventeenth Annual Report on the State of Competition in Mobile Wireless". This PN is DA 13-1139 in WT Docket No. 13-135.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) in response to its May 16 Public Notice (PN) regarding promoting the availability of voice and broadband capable networks in rural areas served by rate of return carriers. This PN is DA 13-1112 in WC Docket No. 10-90. See, notice in the Federal Register, Vol. 78, No. 109, June 6, 2013, at Pages 34016-34020.

Deadline to submit comments to the U.S. International Trade Commission (USITC) in its proceeding titled "U.S. Trans Pacific Partnership Free Trade Agreement Including Japan: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Imports". See, notice in the Federal Register, Vol. 78, No. 94, May 15, 2013, at Pages 28623-28625.

Tuesday, June 18

8:00 - 10:00 AM. Broadband Census News LLC will host an event titled "Advanced Energy, Smart Grid and Fiber to the Home: Using Advanced Energy to Jumpstart Fiber Builds". The speakers will include James Salter (CEO of Atlantic Engineering Group). Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast NBCUniversal, Google, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 - 10:00 AM. The CTIA and Georgetown University will host an event titled "Spectrum Supply and Demand". The speakers will be __. See, notice. Location: Washington Post, 1150 15th St., NW.

9:00 - 10:15 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "The Next Digital Crossroads: Regulating Competition in the Internet Ecosystem". The speakers will be Jonathan Nuechterlein (Wilmer Hale), Philip Weiser (University of Colorado Law School) and Jeffrey Eisenach (Navigant Economics). Free. Open to the public. Breakfast will be served. Webcast. See, notice. Location: AEI, 1150 17th St., NW.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Big Bang Theory: Does Section 5 of the FTC Act Have Limits or Can It Achieve Infinite Expansion?". The speakers will be Susan Creighton (Wilson Sonsini), Robert Lande (University of Baltimore School of Law), Tom Rosch (Latham & Watkins), Joe Sims (Jones Day), and Carter Simpson (Dentons US). Prices vary. CLE credits. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Ethics for Trademark Attorneys Practicing Before the USPTO". The speakers will be Stephanie Bald (Kelly IP) and Christina Hieber (USPTO). Prices vary. CLE credits. See, notice.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of Tom Wheeler to be Chairman of the Federal Communications Commission (FCC). See, SCC notice, and story titled "Obama to Nominate Tom Wheeler to Be FCC Chairman" in TLJ Daily E-Mail Alert No. 2,556, May 1, 2013. Location: Room 253, Russell Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Summer Kick-Off Happy Hour & Welcome to Interns". For more information, contact Jessica Elder at jessica dot elder3 at gmail dot com or Justin Faulb (Eckert Seamans) at Jfaulb at eckertseamans dot com. Location: Iron Horse Tap Room, 507 7th St., NW.

EXTENDED TO JULY 18. Deadline to submit reply comments to the Federal Communications Commission's (FCC) Office of General Counsel (OGC) and Enforcement Bureau (EB) in response to the Public Notice regarding whether the full Commission should make changes to its broadcast indecency policies, and especially, policies regarding isolated expletives, and isolated non-sexual nudity. The FCC released that PN on April 1, 2013. It is DA 13-581 in GN Docket No. 13-86. See also, notice in the Federal Register, Vol. 78, No. 76, April 19, 2013, at Pages 23563-23564, setting comment deadlines. And see, May 10, 2013 Public Notice, DA 13-1071, extending comment deadlines.

Deadline to submit comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) in response to its Public Notice regarding Version 3.1.2 of the Connect America Fund Phase II Cost Model. This item is DA 13-1136 in WC Docket No. 10-90. See, notice in the Federal Register, Vol. 78, No. 103, May 29, 2013, at Pages 32224-32225.

Wednesday, June 19

8:30 AM - 1:30 PM. The Department of Transportation's (DOT) Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics (RTCA) Program Management Committee (PMC) will meet. The agenda includes discussions of drone standards, air traffic data communications, systems security, and surveillance. See, notice in the Federal Register, Vol. 78, No. 106, June 3, 2013, at Pages 33144-33145. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

9:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Standards Committee will meet. See, notice in the Federal Register, Vol. 78, No. 96, May 17, 2013, at Page 29135. Location: __.

9:00 - 10:30 AM. The Internal Revenue Service's (IRS) Electronic Tax Administration Advisory Committee (ETAAC) will meet via telephone conference call. See, notice in the Federal Register, Vol. 78, No. 103, May 29, 2013, at Pages 32306-32307.

9:30 - 10:45 AM. The American Bar Association (ABA) will host a webcast panel discussion titled "International Licensing Issues in the US, India, and Japan". The speakers will be Jonathan Gleklen (Arnold & Porter), Andrew Heimert ( FTC), Samir Gandhi (AZB & Partners), and Nobu Mukai (Momo-o, Matsuo & Namba). Free. No CLE credits. See, notice.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Federal Bureau of Investigation". The witness will be Robert Mueller, Director of the Federal Bureau of Investigation (FBI). Webcast. See, notice. Location: Room 106, Dirksen Building.

Extended deadline to submit initial comments to the Federal Communications Commission's (FCC) Office of General Counsel (OGC) and Enforcement Bureau (EB) in response to the Public Notice regarding whether the full Commission should make changes to its broadcast indecency policies, and especially, policies regarding isolated expletives, and isolated non-sexual nudity. The FCC released that PN on April 1, 2013. It is DA 13-581 in GN Docket No. 13-86. See also, notice in the Federal Register, Vol. 78, No. 76, April 19, 2013, at Pages 23563-23564, setting comment deadlines. And see, May 10, 2013 Public Notice, DA 13-1071, and notice in the Federal Register, Vol. 78, No. 109, June 6, 2013, at Pages 34099-34100, extending comment deadlines.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding the assessment and collection of regulatory fees. This NPRM is FCC 13-74 in MD Docket Nos. 12-201, 13-140, and 08-6. The FCC adopted it on May 22, 2013, and released it on May 23. See, notice in the Federal Register, Vol. 78, No. 111, June 10, 2013, at Pages 34612-34634.

Thursday, June 20

Supreme Court conference day. See, Supreme Court calendar.

9:00 AM - 5:00 PM. The Department of Transportation's (DOT) Federal Aviation Administration's (FAA) RTCA Special Committee 224, Airport Security Access Control Systems will meet. See, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31627-31628. Location: RTCA, Inc., Suite 910, 1150 18th St., NW.

10:00 AM - 2:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, FCC Public Notice and notice in the Federal Register, Vol. 78, No. 111, June 10, 2013, at Pages 34660-34661. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 2:30 PM. The Computer and Communications Industry Association (CCIA) and American Antitrust Institute (AAI) will host a panel discussion titled "Competition Law & Patent Assertion Entities: What Antitrust Enforcers Can Do". The speakers will be Ed Black (head of the CCIA), Michael Carrier (Rutgers School of Law), Bert Foer (head of the AAI), Lisa Kimmel (Attorney Advisor to FTC Chairman Edith Ramirez), Frances Marshall (DOJ Antitrust Division), and Paul Saraceni (RPX Corporation). Free. Lunch will be served. See, CCIA notice and registration page. Location: National Press Club, 529 14th St., NW.

1:00 PM. The US Telecom will host a webcast seminar titled "Gigabit Service Delivery -- How Can We Get There?". The speaker will be Craig Goodwin of ADTRAN. Free. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Moving Your Practice to the Cloud, Safely and Ethically". The speakers will be Brett Burney (Burney Consultants) and Daniel Siegel (Integrated Technology Services). Prices vary. CLE credits. See, notice.

2:00 - 3:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The ABCs of Intellectual Property in Government Contracts". The speakers will be __. See, notice.

2:15 PM. The Senate Foreign Relations Committee (SFRC) will hold a hearing on the nomination of Daniel Russel to be Assistant Secretary of State for East Asian and Pacific Affairs. See, notice. Location: Room 419, Dirksen Building. 

4:00 - 7:15 PM. The DC Bar Association will host an event titled "Antitrust Investigations: Tactical and Ethical Issues". The speakers will be Ann O'Brien (DOJ Antitrust Division), Douglas Kenyon (Hunton & Williams), Donald Klawiter (Sheppard Mullin), and Ryan Thomas (Jones Day). 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.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Spring Reception". See, notice and registration form. Prices vary. Location: Microsoft, 901 K St., NW.

6:00 PM. The Competitive Enterprise Institute (CEI) will host an event titled "Annual Dinner". The speakers will include Sen. Rand Paul (R-KY). The reception will begin at 6:00 PM. The dinner will begin at 7:15 PM. The after dinner party will begin at 9:30 PM. Location: J.W. Marriot Hotel, 1331 Pennsylvania Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) regarding the 45 day public trial of Google's TV bands database system that was completed on April 17, 2013. See, FCC's May 29, 2013 Public Notice, DA 13-1220 in ET Docket No. 04-186.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) regarding the 45 day public trial of Keybridge's TV bands database system that was completed on April 24, 2013. See, FCC's May 29, 2013 Public Notice, DA 13-1222 in ET Docket No. 04-186.

Friday, June 21

10:30 AM - 3:30 PM. The Federal Communications Commission's (FCC) Emergency Access Advisory Committee (EAAC) will meet. See, notice. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

8:30 AM - 4:00 PM. The Department of Labor's (DOL) Bureau of Labor Statistic's (BLS) Technical Advisory Committee (TAC) will meet. At 9:00 AM the TAC will discuss "How to take account of Internet job search in measuring unemployment in the CPS". Open to the public. See, notice in the Federal Register, Vol. 78, No. 102, May 28, 2013, at Pages 31976-31977. Location: Rooms 1 and 2, Postal Square Building, 2 Massachusetts Ave., NE.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding elevating the allocation status of Earth Stations Aboard Aircraft (ESAA) in the 14.0-14.5 GHz band from secondary to primary and whether giving ESAA licensees primary status in the 14.0-14.5 GHz band would require a change to the technical rules. The FCC adopted this NPRM on December 20, 2012, and released it on December 28, 2012. It is FCC 12-161 in IB Docket No. 12-376. See, original notice in the Federal Register, Vol. 78, No. 46, March 8, 2013, at Pages 14952-14957. See also, second notice in the FR, Vol. 78, No. 61, March 29, 2013, at Page 19172.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [5 pages in PDF] regarding improving receiver performance. This PN is DA 13-801 in ET Docket No. 13-101. The FCC released it on April 22, 2013. See also, notice in the Federal Register, Vol. 78, No. 89, May 8, 2013, at Pages 26777-26779.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the petition for reconsideration of the FCC's booster order filed by Wilson Electronics and V-COMM. The FCC adopted and released that Report and Order [106 pages in PDF] on February 20, 2013. It is FCC 13-21 in WT Docket No. 10-4. See, notice in the Federal Register, Vol. 78, No. 109, June 6, 2013, at Page 34015.

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