Tech Law Journal Daily E-Mail Alert
Tuesday, June 18, 2013, Alert No. 2,579.
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Ramirez Makes Appointments at FTC

6/17. Federal Trade Commission (FTC) Chairman Edith Ramirez announced appointments to senior positions at the FTC.

Ramirez named Deborah Feinstein Director of the Bureau of Competition (BOC), the antitrust component of the FTC. She is a partner in the Washington DC office of the law firm of Arnold & Porter, and head of its US antitrust practice.

Feinstein represented General Electric (owner of NBC Universal) in the Comcast NBC Universal transaction. See, stories titled "Comcast and GE Announce Joint Venture for NBC Universal", "Comcast Offers Commitments to Regulators Regarding GE Joint Venture", and "Reaction to Proposed Comcast GE Transaction" in TLJ Daily E-Mail Alert No. 2,020, December 3, 2009.

Ramirez named Jessica Rich Director of the Bureau of Consumer Protection (BCP). She is a career FTC attorney who is currently Associate Director in charge of the Division of Financial Practices. Before that, she was a Deputy Director of the BCP. She has also been acting Associate Director and Assistant Director of the BCP's Division of Privacy and Identity Protection (DPIP).

Ramirez named Jonathan Nuechterlein General Counsel. He is a partner in the Washington DC office of the law firm of Hale & Dorr, and Chair of its Communications, Privacy and Internet Law Practice Group.

He one of the scheduled speakers at an event at 9:00 AM on June 18 hosted by the American Enterprise Institute (AEI) titled "The Next Digital Crossroads: Regulating Competition in the Internet Ecosystem". The event will also be webcast. See, notice.

Ramirez named Heather Hippsley Chief of Staff. She is a long time FTC employee.

Ramirez also announced that Andrew Gavil will continue as Director of the Office of Policy Planning, that Randolph Tritell will continue as Director of the Office of International Affairs, and that Jeanne Bumpus will continue as Director of the Office of Congressional Relations.

Sen. Rockefeller Introduces Bill to Limit Third Party Billing by Phone Companies

6/12. Sen. John Rockefeller (D-WV), Sen. Amy Klobuchar (D-MN) and Sen. Richard Blumenthal (D-CT) introduced S 1144 [LOC | WW | PDF], the "Fair Telephone Billing Act of 2013". This is an attempt to limit deception and fraud in third party billing on consumers' local exchange carrier (LEC) and interconnected VOIP phone bills, either by enactment into law, or by prodding companies to take action themselves. Sen. Rockefeller continues to study third party billing via wireless carriers.

This bill is a revised version of S 3291 [LOC | WW], the "Fair Telephone Billing Act of 2012", from the 112th Congress.

This bill was referred to the Senate Commerce Committee (SCC), which Sen. Rockefeller chairs.

This bill would not prohibit the use of either landline, wireless or interconnect VOIP service bills for third party billing. It would, however, impose some limitations on third party billing by wireline and interconnect VOIP service providers. It would give rulemaking and enforcement authority to the Federal Communications Commission (FCC). It provides that no state laws are preempted.

Sen. John RockefellerSen. Rockefeller (at right) and the SCC have been studying this issue for years.

The SCC released a report [50 pages in PDF] on July 12, 2011 titled "Unauthorized Charges on Telephone Bills". That report concluded that "third-party billing is causing extensive financial harm to all types of landline telephone customers". See also, story titled "Senate Commerce Committee Releases Report on Unauthorized Charges on Phone Bills" in TLJ Daily E-Mail Alert No. 2,258, July 14, 2011.

The next day, July 13, 2011, the SCC held a hearing titled "Unauthorized Charges on Telephone Bills: Why Crammers Win and Consumers Lose". Sen. Rockefeller and Sen. Klobuchar both participated in that hearing. See also, story titled "Senate Commerce Committee Holds Hearing on Phone Bill Cramming" in TLJ Daily E-Mail Alert No. 2,258, July 14, 2011.

Sen. Rockefeller did not introduce a bill on this subject in 2011. Late in 112th Congress -- June 13, 2012 -- he introduced S 3291. However, neither the Senate, nor the SCC, took any action on that bill. Although, phone companies did react to his efforts by changing their practices.

Lisa Madigan, then and still the Attorney General of Illinois, advocated enactment of legislation banning all third party charges on phone bills at that 2011 hearing. She said that allowing third party billing is an "open invitation to fraud and deceit" and "should be banned altogether".

Sen. Tom Udall (D-NM) asked Madigan about third party billing on cell phones accounts. Madigan said that "the wireless carriers are much more aggressive and vigilant", so that there are many more complaints about land line phones accounts.

The just introduced bill would amend the Communications Act to provide the following:

    "No local exchange carrier or provider of interconnected VoIP service shall place or cause to be placed a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless ---
        (A) the third-party charge is from a contracted third-party vendor;
        (B) the third-party charge is for a product or service that a local exchange carrier or provider of interconnected VoIP service jointly markets or jointly sells with its own service;
        (C) the customer was provided with clear and conspicuous disclosure of all material terms and conditions prior to consenting under subparagraph (D);
        (D) the customer provided affirmative consent for the placement of the third-party charge on the bill; and
        (E) the local exchange carrier or provider of interconnected VoIP service has implemented reasonable procedures to ensure that the third party charge is for a product or service requested by the customer."

Sen. Rockefeller asserted in a statement that "This legislation will put an end to cramming on wireline bills once and for all." See, Congressional Record, June 12, 2013, at Page S4407.

This statement may be overly optimistic. First, phone companies have not been guiltless in putting their own improper charges on phone bills. This bill only addresses improper third party billing.

Second, this bill would not prohibit all third party billing. Phone companies will continue to have an incentive to allow some third party billing, because it provides a revenue stream to the phone companies. An industry representative testified at the 2011 hearing that revenue from third party billing is about "200 million for the entire industry". Moreover, phone companies are no longer required to accept any third party billing, but they continue to do so.

Most consumers either do not scrutinize their bills, or do not understand their bills; moreover, third party charges are usually deceptively listed; so, consumers tend not to find and challenge unauthorized charges.

Third, requiring things such as "affirmative consent" and "clear and conspicuous notice" can be quite effective when regulating established companies, that adhere to rules, and have reputations to zealously defend. But, such requirements would likely have little effect on the perpetrators of deception against whom state consumer protection agencies and the Federal Trade Commission (FTC) have been bringing whack a mole anti-cramming enforcement actions for years.

Sen. Rockefeller stated that after the SCC's 2011 report and hearing, "the three largest wireline telephone companies -- AT&T, Verizon, and CenturyLink -- took positive steps to eliminate cramming on wireline telephone bills, including a decision to stop allowing the placement of most third-party charges on wireline telephone bills." He added that his bill would require that "all wireline telephone companies and providers of interconnected VoIP services are required to take the same steps".

He also stated in the Congressional Record that "cramming now extends to wireless bills". But, this bill does not address wireless third party charges. Rather, Sen. Rockefeller stated that "It is important that we examine the extent to which third-party wireless billing practices raise any issues distinct from third-party wireline billing practices, so we can best determine appropriate policies for protecting against consumer abuses in this context."

Hence, Sen. Rockefeller also sent letters to AT&T, Verizon Wireless, Sprint Nextel, and T-Mobile USA asking them about unauthorized third party charges in the wireless billing context. See, letter to AT&T, letter to Verizon Wireless, letter to Sprint Nextel, and letter to T-Mobile USA.

He wrote that "wireless carriers allow third-party vendors to use the wireless phone bill system to charge consumers for their services. There is no question that wireless industry standards state that such vendors must meet double op-in requirements in order to use the wireless phone bill system as a billing mechanism. It remains unclear, however, whether the industry has established an effective system to ensure that these requirements work in practice. In fact, evidence continues to mount that vendors are finding ways to penetrate the purported double opt-in shield."

He asked the companies numerous questions regarding their third party billing procedures, to be answered by June 28, 2013.

Pai Advocates Amending Definition of Circumvention to Exclude Wireless Device Unlocking

6/17. Federal Communications Commission (FCC) Commissioner Ajit Pai gave the opening speech at a luncheon hosted by the Tech Freedom and Competitive Enterprise Institute (CEI) titled "What Should Congress Do about Cell Phone Unlocking?"

He said that "President Obama, Senators and Representatives, FCC Commissioners, and the American people are reaching a consensus on a simple proposition: Consumers should be allowed to unlock their cellphones and switch wireless carriers without being labeled scofflaws."

Ajit PaiPai (at right) offered this solution: a Congressional bill that amends the definition of "circumvention" in the Digital Millennium Copyright Act (DMCA) to exclude "circumvention initiated by or on behalf of the owner of a wireless communications device solely to connect that device to a wireless communications network."

He elaborated with six points.

First, he said, "we shouldn't just kick the can down the road. Let's fix this problem permanently."

This is the proposal that is embodied in S 517 [LOC | WW | PDF], the "Unlocking Consumer Choice and Wireless Competition Act", introduced by Sen. Patrick Leahy (D-VT) on March 11, 2013, and HR 1123 [LOC | WW], the companion bill in the House, introduced by Rep. Bob Goodlatte (R-VA) and others on March 13, 2013.

Those bills would restore the unlocking exemption that was in the Librarian of Congress's 4th triennial rules. See, story titled "Sen. Leahy Introduces Bill to Reinstate Librarian of Congress's Cell Phone Unlocking Exemption" in TLJ Daily E-Mail Alert No. 2,533, March 11, 2013, and story titled "House Judiciary Committee Members Introduce Cell Phone Unlocking Bill" in TLJ Daily E-Mail Alert No. 2,536, March 19, 2013.

Second, said Pai, "we don't need to give the FCC any additional authority".

This is the proposal embodied in S 481 [LOC | WW | PDF], the "Wireless Consumer Choice Act", which Sen. Amy Klobuchar's (D-MN) introduced on March 6, 2013.

That bill would direct the Federal Communications Commission (FCC) to write regulations. See, story titled "Sen. Klobuchar Introduces Bill to Authorize FCC to Direct Wireless Device Unlocking", in TLJ Daily E-Mail Alert No. 2,533, March 11, 2013.

Third, said Pai, "we shouldn't interfere with the freedom of contract". Thus, phone companies should remain free to sell subsidized phones tied by contract to a fixed term for wireless service. The remedy of the service provider would be limited to contract remedies, such as early termination fee provisions, and not extend to DMCA remedies.

Fourth, he said that "we should also protect those who help consumers unlock their phones". Although, he did not elaborate.

Fifth, "the DMCA cuts a much wider swath". Pai said, "Let's make sure all wireless communications devices are included in the fix". However, Pai did not go so far as to advocate allowing unlocking in the context of all technological protection measure based locking, in any industry sector, that is not directed at limiting piracy.

Sixth, he said that the Congress should pass a simple bill, without addressing at the same time "broader reform of our copyright laws".

The anti-circumvention provisions are codified at 17 U.S.C. 1201.

The Copyright Office's (CO) fourth triennial rules contained exemptions related to unlocking. See, story titled "Copyright Office Releases 4th Triennial DMCA Exemptions" in TLJ Daily E-Mail Alert No. 2,115, July 30, 2010. The CO's fifth set of rules, now in effect, ended the exemption for unlocking phones at the end of January of 2013. See, story titled "Librarian of Congress Adopts 5th Triennial 1201 Exemptions" in TLJ Daily E-Mail Alert No. 2,467, October 24, 2012. Hence, there is now no exemption.

See also, story titled "Obama Administration Urges Creation of DMCA Anti-Circumvention Exemption for Unlocking Cell Phones" in TLJ Daily E-Mail Alert No. 2,530, March 5, 2013.

Bills Introduced to Provide Grants for Developing STEM Secondary Education

6/11. Sen. Tom Udall (D-NM) and Sen. Martin Heinrich (D-NM) introduced S 1129 [LOC | WW | PDF], the "STEM Support for Teachers in Education and Mentoring (STEM) Act", on June 11, 2013. Rep. Ben Ray Lujan (D-NM) and others introduced HR 2334 [LOC | WW], the companion bill in the House, on June 12.

All five members of the New Mexico delegation (and one other Representative) are sponsors of these two bills. They call these bills STEM Squared.

Sen. Martin HeinrichSen. Heinrich (at right) stated in a release that "This legislation opens up pathways for collaboration between businesses and teachers to ensure that students are getting the skills they need to be successful in tomorrow's job market ... STEM education plays a critical role in America's ability to meet the demands of the 21st Century, like developing new energy technology, advancing national defense strategies, and raising health care quality through computerized advancements."

These bills would authorize the appropriation of unspecified amounts for five years to the Department of Education (DOE) to give in grants to state, tribal, educational and non-profit entities to pay for "curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards."

The Senate bill was referred to the Senate Health, Education, Labor, and Pensions Committee. The House bill was referred to the House Education Workforce Committee. The original cosponsors of the House bill are Rep. Michell Grisham (D-NM), Rep. Steve Pearce (R-NM), and Rep. Tony Cardenas (D-CA).

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In This Issue
This issue contains the following items:
  Ramirez Makes Appointments at FTC
  Sen. Rockefeller Introduces Bill to Limit Third Party Billing by Phone Companies
  Pai Advocates Amending Definition of Circumvention to Exclude Wireless Device Unlocking
  Bills Introduced to Provide Grants for Developing STEM Secondary Education
Washington Tech Calendar
New items are highlighted in red.
Tuesday, June 18

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. It will resume consideration of S 744 [LOC | WW], the immigration bill.

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's Center for Business and Public Policy will host an event titled "Spectrum Supply and Demand". The speakers will be Ajit Pai (FCC Commissioner), Blair Levin (Aspen Institute), Larry Irving, James Cicconi (AT&T), Patrick Butler (Association of Public Television Stations), Mary Brown (Cisco), Michael Catalano (PMT Americas), Rick Kaplan (NAB), Karl Nebbia (NTIA), Tom Sugrue (T-Mobile), and Matt Wood (Free Press). See, notice. Location: Washington Post, 1150 15th St., NW.

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 - 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.

10:00 AM. The House Judiciary Committee (HJC) will meet to mark up HR 2278 [LOC | WW | PDF], the "Strengthen and Fortify Enforcement Act", an immigration bill. See also, manager's amendment. The HJC will also mark up HR 1773 [LOC | WW], an untitled bill that would create a nonimmigrant H-2C work visa program for agricultural workers. Webcast. See, HJC notice. Location: Room 2141, Rayburn Building.

10:15 AM. The House Science Committee (HSC) will hold a hearing titled "Department of Energy Science and Technology Priorities". The witness will be Ernest Moniz (Secretary of Energy). See, notice. Location: Room 2318, Rayburn Building.

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). Webcast. 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.

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

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

Day one of a three day event titled hosted by the American Bar Association (ABA) titled "8th Annual Homeland Security Law Institute". Prices vary. CLE credits. See, conference web site. Location: Capital Hilton Hotel, 1001 16th St., NW.

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 AM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Government Operations will hold a hearing titled "Federal Government Approaches to Issuing Biometrics IDs: Part II". The witnesses will include Colleen Manaher (DHS's Customs and Border Patrol). See, notice. Location: Room 2154, Rayburn Building.

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.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Making a Public Interest Case at the International Trade Commission". The speakers will be Pallavi Seth (Brattle Group), Vaishali Udupa (Hewlett-Packard), Mark Whitaker (Baker Botts), and Kimberly Parke (Dickstein Shapiro). Prices vary. CLE credits. See, notice.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on five judicial nominees: Todd Hughes (to be a Judge of the U.S. Court of Appeals (FedCir)), Colin Bruce (USDC/CDIll), Sara Lee Ellis (USDC/NDIll), Andrea Wood (USDC/NDIll), and Madeline Haikala (USDC/NDAlab). Live and archived webcast. See, notice. Location Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FBCA) will host an event titled "Solicitor General Don Verrilli and the FCC Year in Review". The speakers will be Jack Goodman, Richard Welch (FCC), Jake Lewis (FCC), Paul Verkuil (Administrative Conference of the United States), Donald Verrilli (Solicitor General of the U.S.), Tom Goldstein (Goldstein & Howe), Jon Nuechterlein (Wilmer Hale), and Chris Wright (Wiltshire & Grannis). Registrations and cancellations due by 12:00 NOON on Tuesday, June 18. Prices vary. CLE credits. See, notice. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

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

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

Supreme Court conference day. See, Supreme Court calendar.

Day two of a three day event titled hosted by the American Bar Association (ABA) titled "8th Annual Homeland Security Law Institute". At 3:15 - 4:15 PM there will be a panel titled "Cyber Security for the Private Sector: What Companies and Their Lawyers Need to Know". Prices vary. CLE credits. See, conference web site. Location: Capital Hilton Hotel, 1001 16th St., NW.

8:00 AM - 6:00 PM. The Armed Forces Communications and Electronics Association (AFCEA) will host an event titled "DC Emerging Technologies Symposium". See, notice. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

8:30 - 9:00 AM. Rep. Fred Upton (R-MI), Chairman of the House Commerce Committee (HCC), will give a breakfast address at an event hosted by the National Association of Manufacturers (NAM) titled Manufacturers Summit. Location: Hyatt Regency Capitol Hill, Regency A Room, 400 New Jersey Ave., NW.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the Utilities Telecom Council (UTC) titled "2013 Critical Infrastructure Communications Policy Summit & 700 MHz Workshop". See, notice. Location: Washington Court Hotel, 525 New Jersey Ave., NW.

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. The Senate Judiciary Committee (SJC) will hold an executive business meeting. Live and archived webcast. See, notice. Location: Room 226, Dirksen Building

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.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Negotiating an Electronic Health Record (EHR) Agreement: A Marriage Between Healthcare and Technology". The speakers will be John Christiansen (Christiansen IT Law), Lee Kim (Tucker Arensberg), Wendi Wright (Allscripts), and Clinton Mikel (Health Law Partners). Prices vary. CLE credits. See, notice.

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 Jacinta Alves, Jonathan Baker, and John McCarthy (all of Crowell & Moring). 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.

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

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

Day three of a three day event titled hosted by the American Bar Association (ABA) titled "8th Annual Homeland Security Law Institute". At 9:30 - 10:30 AM there will be a panel titled "Protecting Our Nation's Cyber Critical Infrastructure". Prices vary. CLE credits. See, conference web site. Location: Capital Hilton Hotel, 1001 16th St., NW.

8:30 AM - 12:30 PM. Day two of a two day conference hosted by the Utilities Telecom Council (UTC) titled "2013 Critical Infrastructure Communications Policy Summit & 700 MHz Workshop". See, notice. Location: PEPCO Headquarters.

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.

12:00 NOON - 1:00 PM. The Internet Caucus will host an event titled "Privacy, the NSA, and Your Constituents' Phone and Internet Records: An Experts' Primer on the Law, the Technology and the History". The speakers will be __. Some box lunches will be served. No webcast. Free. Register at rsvp at netcaucus dot org. See, notice. Location: Room 2237, Rayburn Building.

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.

Monday, June 24

Day one of a three day conference hosted by the Federal Energy Regulatory Commission (FERC) titled "Increasing Market and Planning Efficiency Through Improved Software". See, conference web site. See also, notice in the Federal Register, Vol. 78, No. 60, March 28, 2013, at Pages 18974-18975. Location: FERC, Rooms 3M-2, 3M-3, and 3M-4, 888 First St., NE.

Day one of a two day conference hosted by the ASAN Institute for Policy Studies titled "The Enduring Alliance: Celebrating the 60th Anniversary of ROK-US Relations". Registration required. The deadline to register is June 21. See, notice. Location: Ronald Reagan Building and International Trade Center.

10:00 AM - 12:00 NOON. The National Endowment for Democracy (NED) will host a panel discussion regarding the book [Amazon] titled "Black Code: Inside the Battle for Cyberspace". The speakers will be Ronald Deibert (author), Leslie Harris (Center for Democracy and Technology), Harvey Rishikof, and Rebecca MacKinnon (New America Foundation). Free. See, notice and registration page. Location: NED, 8th Floor, 1025 F St., NW.

5:00 PM. Deadline to submit cell phone detector devices for consideration for use by the Department of Justice (DOJ). The DOJ is soliciting devices for use by the DOJ in detecting contraband use by prisoners in federal prisons. See, notice in the Federal Register, Vol. 78, No. 91, May 10, 2013, at Pages 27441-27442.

5:00 PM. Deadline to submit reply comments to the Copyright Office (CO) regarding its proposed rules regarding verification of statements of account submitted by cable operators and satellite carriers. See, notice in the Federal Register, Vol. 78, No. 90, May 9, 2013, at Pages 27137-27153.

Deadline to submit comments to the Transportation Security Administration (TSA) in response to its notice of proposed rulemaking (NPRM) that proposes to amend its rules regarding use of body imaging technology at airports. See, notice in the Federal Register, Vol. 78, No. 58, March 26, 2013, at Pages 18287-18302, and July 15, 2011 opinion of the U.S. Court of Appeals (DCCir) in EPIC v. DHS.

Deadline to submit comments to the Department of Energy (DOE) in response to its notice of proposed rulemaking (NPRM) regarding the Version 5 Critical Infrastructure Protection Reliability Standards, CIP-002-5 through CIP-011-1, submitted by the North American Electric Reliability Corporation, which pertain to the cyber security of the bulk electric system. See, notice in the Federal Register, Vol. 78, No. 79, April 24, 2013, at Pages 24107-24124.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to the January 28, 2013 petition for reconsideration of Boeing of the FCC's rules regarding the use of earth stations aboard aircraft communicating with fixed-satellite service geostationary-orbit space stations operating in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz and 14.0-14.5 GHz Bands. See, notice in the Federal Register, Vol. 78, No. 110, June 7, 2013, at Page 34309.

Tuesday, June 25

Day one of a two day event titled "22nd Annual Computers, Freedom, & Privacy Conference". See, conference web site. Location: Newseum, 555 Pennsylvania Ave., NW.

Day two of a three day conference hosted by the Federal Energy Regulatory Commission (FERC) titled "Increasing Market and Planning Efficiency Through Improved Software". See, conference web site. See also, notice in the Federal Register, Vol. 78, No. 60, March 28, 2013, at Pages 18974-18975. Location: FERC, Rooms 3M-2, 3M-3, and 3M-4, 888 First St., NE.

Day two of a two day conference hosted by the ASAN Institute for Policy Studies titled "The Enduring Alliance: Celebrating the 60th Anniversary of ROK-US Relations". Registration required. The deadline to register is June 21. See, notice. Location: Ronald Reagan Building and International Trade Center.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Confronting Global Anti-Competitive Market Distortions". The speakers will be Edward Alden (Council on Foreign Relations), Shanker Singham (Squire Sanders), and Stephen Ezell (ITIF), See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

1:00 - 3:00 PM. The Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC) will meet via teleconference. See, notice in the Federal Register, Vol. 78, No. 111, June 10, 2013, at Pages 34665-34666.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Advanced iPad for Lawyers". The speakers will be Adriana Linares (LawTech Partners) and Malcolm Harsch (ABA). Prices vary. CLE credits. See, notice.