9/9. Rep. Anna Eshoo (D-CA) released a discussion draft [6 pages in PDF] of a bill titled "Video Consumers Have Options in Choosing Entertainment Act", or "Video CHOICE Act". It would amend 47 U.S.C. § 325 to revise the retransmission consent regime.

Section 325 provides that "No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except ... with the express authority of the originating station".

Under Section 325 broadcasters can charge cable companies and other MVPDs for retransmission of their programming. The companies have been negotiating retransmission consent contracts since this section was enacted by the Cable Act of 1992.

Withholding of consent by broadcasters, and resulting the blackouts, have become common. Rep. Eshoo's bill would empower the Federal Communications Commission (FCC) to "authorize interim carriage" by MVPDs to prevent blackouts.

Rep. Eshoo (at left) stated in a release that "Recurring TV blackouts, including the 91 U.S. markets impacted in 2012, have made it abundantly clear that the FCC needs explicit statutory authority to intervene when retransmission disputes break down. This discussion draft is intended to spur constructive, actionable debate on ways to improve the video marketplace for video content creators, pay-TV providers and, most importantly, consumers."

Her bill follows a month long blackout that followed the expiration of an agreement between CBS and Time Warner Cable (TWC). See, stories titled "CBS, Time Warner Cable, and Retransmission Consent" in TLJ Daily E-Mail Alert No. 2,588, August 7, 2013, and "CBS Reaches Carriage Agreement with Time Warner Cable" in TLJ Daily E-Mail Alert No. 2,593, September 2, 2013.

Rep. Eshoo's bill would add a new subsection that would grant the FCC the power to "authorize interim carriage". It provides that "If a retransmission consent agreement between a television broadcast station and a multichannel video programming distributor expires and the Commission determines that such station and such distributor have reached an impasse in negotiating a new agreement, the Commission may ... authorize interim carriage of such station by such distributor pending the conclusion of a new agreement."

The bill would also add a new subsection that would prohibit agreements conditioned upon carriage of affiliated programming. It provides that "A television broadcast station that elects to exercise its right to grant retransmission consent under this subsection may not enter into a retransmission consent agreement with a multichannel video programming distributor that is directly or indirectly conditioned on carriage of any other programming affiliated with such station (or with a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station)." (Parentheses in original.)

The bill would also require the FCC to conduct a rulemaking proceeding in which it determines "whether the blocking during retransmission consent negotiations of online content owned by or affiliated with a television broadcast station (or a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station) constitutes a failure to negotiate in good faith ..." ( Parentheses in original.)

See also, story titled "Blocking Access to CBS.com and the FCC's Network Neutrality Regime" in TLJ Daily E-Mail Alert No. 2,588, August 7, 2013.

This bill would also amend 47 U.S.C. § 543 to provide that "each cable operator of a cable system shall offer its subscribers a separately available retransmission consent service tier that consists only of the signal of each television broadcast station electing retransmission consent under section 325(b) that is carried on the cable system," which tier "shall be subject to rate regulation".

The bill would also amend Section 543 to provide that "A cable operator may not require the subscription to any tier other than the basic service tier ... as a condition of access to, or discriminate between subscribers to the basic service tier and other subscribers with regard to the rates charged for -- (i) video programming offered on a per channel or per program basis; or (ii) the retransmission consent service tier ... ."

Finally, the bill would require that the FCC conduct a study of sports programming costs.

The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) held a hearing titled "Innovation Versus Regulation in the Video Marketplace" on September 11. Rep. Eshoo used the occasion to promote her draft bill. See, related story in this issue titled "House Subcommittee Holds Hearing on Video Marketplace".

The American Cable Association's (ACA) Matthew Polka released a statement and another  statement in which he praised Rep. Eshoo's draft bill, and criticized the National Association of Broadcasters' (NAB) opposition.

9/11. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) held a wide ranging hearing on September 11, 2013 titled "Innovation Versus Regulation in the Video Marketplace". The hearing touched on a wide range of topics, but focused on retransmission consent and extending the STELA.

The House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property, and the Internet (SCIPI) held a hearing titled "Satellite Television Laws in Title 17" on September 10.

HCC/SCT. Rep. Greg Walden (R-OR), the Chairman of the HCC/SCT, wrote in his opening statement that "In this diverse and evolving marketplace, one thing remains true: you should be compensated for your content, network investments or intellectual property. If you lay fiber, you should receive fair compensation in the marketplace for your investment. If you create content -- movies, TV shows, or apps -- you should receive fair compensation in the marketplace. If you create smartphones, tablets, dongles, screens, or the software that runs on them, you should receive fair compensation in the marketplace."

He continued that "our laws should reflect the operation of the free market in a competitive environment. Instead, we have a satellite law that finds its origins in ensuring access to content for a fledgling industry, a cable law that was passed when cable controlled over 90 percent of the video market, and broadcast rules that ignore the rise of alternatives to over-the-air reception. We can and should be engaged in a lively discussion of how to unshackle the free market and remove the government from the business of manipulating the video marketplace."

Rep. Walden (at right) said the the SCT is still in the early stage of examining issues related to the video marketplace, but "I expect to circulate a discussion draft on these issues no later than the first quarter of next year".

See, prepared testimony of Stanton Dodge (DISH Network), prepared testimony of Edward Munson (KPHO-TV), prepared testimony of David Rozzelle (Suddenlink Communications), prepared testimony of James Campbell (CenturyLink), prepared testimony of Sandra Aistars (Copyright Alliance), prepared testimony of John Bergmayer (Public Knowledge).

Munson, speaking on behalf of the heavily regulated broadcasting sector, said that "some regulations place broadcasting at a competitive disadvantage to the other video providers on this panel. For example, decades-old ownership restrictions reflect a time when broadcasting was the only game in town. It makes no sense to hamstring broadcasters with outdated limitations when our direct competitors are not restricted in any way. Another example is the online public file regulation which requires local TV stations to place sensitive pricing information online when our direct competitors do not have the same obligations."

Regarding retransmission consent disputes, he stated that "We are never ``off the air´´ or ``blacked out.´´ Our signals are always being broadcast and they are always free." Broadcasters merely do not make their signal available for retransmission by the MVPD with which an agreement has not been reached.

He added that "There is no doubt the Time Warner Cable/CBS dispute was very unfortunate, but it was predictable. The dispute seemed almost orchestrated out of a DC lobbying playbook – create a crisis, then ask Congress to fix the crisis in your favor." He concluded that TWC, DISH and Directv "are looking to Congress to help control their programming costs. But pricing decisions are best left to the marketplace."

The PK's Bergmayer wrote that "Unless policymakers work to repair a retransmission consent system that is boosting broadcaster profits at the expense of viewers, blackouts like August’s CBS-TWC blackout are still only the beginning."

DISH's Dodge wrote that "The broken retransmission consent regime is in dire need of comprehensive reform." DISH wants "targeted fixes of these outdated retransmission consent rules as part of the STELA re-authorization." He praised Rep. Anna Eshoo's (D-CA) discussion draft [6 pages in PDF]. See, related story in this issue titled "Rep. Eshoo Releases Draft of Bill to Alter Retransmission Consent Regime".

CenturyLink's Campbell wrote that "we seek fair retransmission consent rules that will not be leveraged against consumers and competitive new entrants. This can be achieved by modernizing the existing regulatory structure to allow newer entrants like CenturyLink to carry national programming from an alternative market during negotiation breakdowns." The nature of the video market has changed since the Congress enacted the Cable Act of 1992 and its retransmission consent regime, said Campbell. Particularly, the is not a cable company with a monopoly.

"Congress needs to amend the current legislative framework to restore a more level negotiating table." Campbell said that the Congress could do this by allowing "providers the right to carry national programming from an adjacent or alternate market during a broadcast retransmission consent negotiation breakdown".

Aistars described and discussed recent developments in the creation and distribution of video content, before transitioning into copyright law. She argued that copyright law must incent creation and distribution.

She wrote that "There is no justification for expanding the existing compulsory license regime. To the contrary, Congress should consider sunsetting it consistent with the public interest. Compulsory licenses are an extraordinary departure from normal copyright principles which ensure that creators have the right to distribute their works how they see fit. They are appropriate only in narrow circumstances to address market failure."

Aistars argued that "there is no need to regulate in this sector by imposing new compulsory licenses or renewing STELA. Indeed, many of my members, to a greater or lesser extent, believe that the existing cable and satellite compulsory licenses are an anachronism. As a result we see no present justification for expanding the compulsory licenses provided in the Copyright Act, or for renewing STELA."

Rozzelle wrote that "There are clearly many provisions in today's communication laws that are outdated and unnecessary. Two areas ripe for reform are retransmission consent and the so-called navigation device "integration ban" that applies to cable operators alone among video competitors."

HJC/SCIPI. Rep. Bob Goodlatte (R-VA), Chairman of the HJC, wrote in his opening statement that "in addition to free over-the-air broadcast content, 100% of Americans have access to two satellite services, 98% have access to these two satellite services and one local alternative, and 35% have access to two satellite services and two local alternatives. Marketplace competition has grown significantly since the last major Committee activity in this area in 2010 when Congress enacted the Satellite Television Extension and Localism Act."

He continued that "There are three compulsory licenses in Title 17 impacting this industry, one of which expires at the end of 2014. This Committee will consider over the next year whether a reauthorization of this compulsory license is warranted."

He predicted that "One core factor that this Committee will weigh as we consider these important issues is ensuring that copyright owners maintain the right to distribute their intellectual property as they choose. This Committee has traditionally disfavored compulsory licenses although there are three in effect today in this marketplace. Another core factor we will weigh is ensuring competition in the marketplace."

The HJC's SCIPI heard from many of the same witnesses. See, prepared testimony of witnesses will be James Campbell (CenturyLink), prepared testimony of Stanton Dodge (DISH Network), prepared testimony of Paul Donato (Nielsen Company), prepared testimony of Robert Garrett (Major Baseball League), prepared testimony prepared testimony of Earl MacKenzie (Shentel Cable, and American Cable Association), prepared testimony of Gerard Waldron (Covington & Burling, and National Association of Broadcasters), and prepared testimony of Preston Padden (Disney).

9/11. The House Judiciary Committee (HJC) approved HR 2655 [LOC | WW], the "Lawsuit Abuse Reduction Act of 2013", by a vote of 17-10. This bill would amend Rule 11(c), Federal Rules of Civil Procedure (FRCP), which pertains to attorney sanctions.

Rule 11 pertains to pleadings. But first, Rule 11(a) and (b), which are not amended by this bill, provide that a complaint, and any other pleading, must be signed, and that by filing a pleading "an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances ... it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation", and that "the claims, defenses, and other legal contentions are warranted by existing law ...".

Currently, Rule 11(c)(1) provides that "If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee." (Emphasis added.)

HR 2655 would change the word "may" to "shall".

The bill also amends Rule 11(c)(4) to provide for sanctions in the nature of compensatory damages for the costs of defending against violations of Rule 11(b).

It would amend the rule as follows: "A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation. , and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys' fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a nonmonetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court." (Deleted language is shown in strikethrough. Added language is shown in red.)

This bill would impose sanctions for certain pleadings, but not for out of court communications. For example, it would have no impact upon the practice of sending mass demand letters to end users of technology products that assert frivolous patent infringement claims. However, the filing of a frivolous patent infringement complaint in the District Court could result in sanctions being imposed under the provisions of this bill.

Rep. Lamar Smith (R-TX) stated in a release that "Lawsuit abuse is common in America because the lawyers who bring these frivolous cases have everything to gain and nothing to lose. Lawyers can file meritless lawsuits, and defendants are faced with the choice of years of litigation, high court costs and attorneys' fees or a settlement. This is legalized extortion. The Lawsuit Abuse Reduction Act restores accountability to our legal system by imposing mandatory sanctions on attorneys who file worthless lawsuits. LARA encourages attorneys to think twice before filing frivolous lawsuits."

Rep. Smith (at right) and other proponents of this bill emphasize that it affects the filing of frivolous lawsuits. However, Rule 11 covers not only complaints, but also answers, defenses, and counterclaims.

If this bill were enacted into law, defense lawyers may find that some of their defense tactics subject them to hefty sanctions.

The bill adds that "Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States."

Christine Hines of the Public Citizen (PC) stated in a release on September 11 that "this legislation would harm ordinary people with valid and important claims. It is just another backdoor tactic employed by corporate lobbyists and their allies in Congress to make it difficult for consumers and employees to hold corporations accountable."

The PC and other interest groups sent a letter to Rep. Bob Goodlatte (R-VA) on July 22, 2013 expressing opposition to HR 2655. They argued that it could have "a discriminatory impact on civil rights, employment, environmental and consumer cases".

The Senate version of this bill is S 1288 [LOC | WW], also titled the "Lawsuit Abuse Reduction Act of 2013"

Similar bills have been introduced in prior Congresses. For the 112th Congress, see HR 966 [LOC | WW] and S 533 [LOC | WW], both titled the "Lawsuit Abuse Reduction Act of 2011". The HJC approved HR 966 by a vote of 20-13 on July 7, 2011, but the full House did not vote on the bill. Neither the Senate Judiciary Committee (SJC) nor the full Senate took any action on S 533.

Cosponsorship of, and voting for, these bills correlates with party affiliation. Republicans support these bills. Democrats oppose these bills, and attempt to dilute their affect with amendments.

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

The Intelligence and National Security Alliance (INSA) will host an event titled "Intelligence Community Summit". The keynote speakers will include James Clapper (Director of National Intelligence), Lt. Gen. Michael Flynn (Director of the Defense Intelligence Agency), Rep. Mike Rogers (R-MI), and Rep. Dutch Ruppersberger (D-MD). There will be panels titled "Cyber R&D: Priorities for the Future", "Cyber Threat Information Sharing with State and Local Governments", "Evolving Insider Threat Issues", "Global Trends 2030", "IC ITE: Industry Perspectives and Recommendations", "Internet of Things: Connected Devices", "The Role of Intelligence in Confronting Cyber Threats", and "Security Clearance Process in the Digital Era". See, event web site. This event is sold out.

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

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a partially closed meeting. The open portion of the meeting will be held from 9:00 AM to 12:00 NOON. See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Page 50404. Location: National Academy of Sciences, Room 120, 2101 Constitution Ave., NW.

9:30 - 10:30 AM. The New America Foundation (NAF) will host a speech and panel discussion regarding the Federal Communications Commission's (FCC) Lifeline universal service tax and subsidy program. The event is titled "Communications Safety Net: How Lifeline Connects Families and Communities". Mignon Clyburn (FCC Chairman) will give a speech. The panel will be Chanelle Hardy (National Urban League), Catherine Sandoval (California Public Utilities Commission), Jessica Gonzalez (National Hispanic Media Coalition), Olivia Wein ( National Consumer Law Center), and Gene Kimmelman (Global Partners). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of S 987 [LOC | WW], the "Free Flow of Information Act of 2013". It also includes consideration of several judicial nominees: Cornelia Pillard (to be a Judge of the U.S. Court of Appeals (DCCir)), Landya McCafferty (USDC/DNH), Brian Morris (USDC/DMont), Susan Watters (USDC/DMont), and Jeffrey Meyer (USDC/DConn). The Pillard nomination is part of President Obama's plan to pack the DC Circuit. See, story titled "Obama Launches Effort to Pack the DC Circuit" in TLJ Daily E-Mail Alert No. 2,570, June 4, 2013. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in JuxtaComm-Texas Software v. Tibco Software, App. Ct. No. 13-1004. Panel I. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Richard Williamson, on behalf of and as Trustee for At Home Bondholders' Liquidating Trust v. Citrix Online, LLC, et al., App. Ct. No. 13-1130. Panel I. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Federal Communications Commission (FCC) will host a presentation by Yevgen Borodin (Stony Brook University) titled "Improving Accessibility for the General Public". See, FCC notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

10:00 AM - 3:15 PM. The Center for Strategic and International Studies (SCIS) will host an event titled "Asian Architecture Conference", to address economic and security issues to be raised at the East Asia Summit (EAS) in Brunei Darussalam on October 9-10, and at the Asia-Pacific Economic Cooperation Summit in Bali, Indonesia on October 5-7. See, notice. Location: CSIS, 1800 K St., NW.

10:00 - 11:30 AM. The Center for Democracy and Technology (CDT) will host an on site and teleconferenced event titled "CDT Fall Press Briefing". The call in number is 877-366-0711. The participant code is 9566-8245#. For more information, contact Brian Wesolowski at brian at cdt dot org or 202-407-8814. Location: CDT, 11th floor, 1634 I St., NW.

12:00 NOON. The Tech Freedom (TF) will host a panel discussion titled "What to Do about Data Security? A Discussion of the FTC's LabMD & Wyndham Cases". The speakers will be Mike Daugherty (LabMD), Justin Brookman (Center for Democracy & Technology), Reed Rubinstein (Cause of Action), Gerry Stegmeier (Wilson Sonsini), Tom Sydnor (Association for Competitive Technology), and Berin Szoka (TF). Free. Open to the public. Lunch will be served. See, registration page. See also, the FTC's web page for the WebMD case, and web page for the Wyndham Hotels case. See also, stories titled "FTC Administrative Complaint Asserts Authority to Regulate Data Security Practices" in TLJ Daily E-Mail Alert No. 2,595, September 4, 2013, and "Update on FTC v. LabMD" in TLJ Daily E-Mail Alert No. 2,596, September 5, 2013. Location: TF, 110 Maryland Ave., NE.

1:00 - 5:00 PM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. See, August 15, 2013 Public Notice (DA 13-1762), and notice in the Federal Register, Vol. 78, No. 148, August 1, 2013, at Pages 46582-46583. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Trademark Fundamentals: Managing Your IP in a World of Social Media". The speakers will be Fawn Horvath (Macy's), John McKeown (Goldman Sloan Nash & Haber), Britt Anderson (K&L Gates), and Chrissie Scelsi (Scelsi Entertainment & New Media Law). Prices vary. CLE credits. See, notice.

CANCELLED. 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 file requests to appear at the U.S. International Trade Commission's (USITC) September 25, 2013 hearing titled "Digital Trade in the U.S. and Global Economies". See, USITC release, and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51744-51746. See also, story titled "USITC Releases First Report on Digital Trade" in TLJ Daily E-Mail Alert No. 2,589, August 26, 2013.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its August 29, 2013 Public Notice (DA 13-1846 in WC Docket No. 10-90) that requests comments regarding its Version 3.2 of the Connect America Fund Phase II Cost Model, and especially model costs for undersea cable connecting non-contiguous areas to the contiguous U.S.

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

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Lighting Ballast Control v. Philips Electronics North America , App. Ct. No. 12-1014, an appeal from the U.S. District Court (NDTex) in a patent infringement case. At issue is claim construction, and the 1998 opinion of the Federal Circuit in Cybor v. FAS Technologies, 138 F.3d 1448. The Court's March 15, 2013 order granting en banc rehearing requests briefing on three questions: (1) should Cybor be overruled?, (2) "Should this court afford deference to any aspect of a district court’s claim construction?", and (3) "If so, which aspects should be afforded deference?". See also, amicus curiae brief of the AIPLA, amicus curiae brief of the IPO, amicus curiae brief of Microsoft, amicus curiae brief of the ABA, and amicus curiae brief of universities. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The Federal Communications Commission (FCC) will host an event titled "FCC Wireline Competition Bureau Update". The speaker will be Julie Veach, Chief of the FCC's Wireline Competition Bureau (WCB). The FCBA states that this is an FCBA event. Location: Bingham McCutchen, 11th floor, 2020 K St.,  NW.

Target date for the Department of Health and Human Services' (DHHS) Substance Abuse and Mental Health Services Administration (SAMHSA) to announce the winners of its contest for the development of web applications, mobile apps, and other information technology based products that help prevent high risk drinking among college students. The awards are $60,000 for first place, $30,000 for second place, and $10,000 for third place. See, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31571-31572.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) regarding proposed revisions to the sample reseller certification language and accompanying sections of the FCC Form 499-A instructions. See, Public Notice, DA 13-1700 in WC Docket No. 06-122. See also, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50415-50416.

Deadline to submit to the Federal Communications Commission (FCC) reply comments to the May 16, 2013 Petition [14 pages in PDF] of the Coalition of E-Reader Manufacturers (Amazon, Kobo and Sony) for a waiver of the FCC's disability access rules for e-readers. See, August 1, 2013 Public Notice, DA 13-1686 in CG Docket No. 10-213.

Deadline to submit written statements to the Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies in advance of its September 17, 2013 meeting. See, notice.

12:00 NOON - 2:00 PM. The American Constitution Society (ACS) will host a panel discussion titled "Supreme Court Preview". The speakers will be Caroline Fredrickson (ACS), Pamela Harris (Georgetown University Law Center), Randy Barnett (GULC), Joshua Civin (NAACP), Andrew Pincus (Mayer Brown), David Strauss (University of Chicago Law School). Lunch will be served. Location: National Press Club, Holeman Lounge, 13th Floor, 529 14th St., NW.

Deadline to submit to the Copyright Office's (CO) Copyright Royalty Judges petitions to participate in, and pay the $150 filing fees for, the proceeding to determine the Phase II distribution of royalties deposited with the Register of Copyrights for the statutory license allowing distant retransmission of over the air television and radio broadcast signals by cable system operators. See, 17 U.S.C. § 111, and notice in the Federal Register, Vol. 78, No. 159, August 16, 2012, at Pages 50113-50114.

Deadline to submit to the Copyright Office's (CO) Copyright Royalty Judges petitions to participate in, and pay the $150 filing fees for, the proceeding to determine the Phase II distribution of royalties deposited by satellite carriers for a statutory license to retransmit over the air television broadcast stations. See, 17 U.S.C. § 119, and notice in the Federal Register, Vol. 78, No. 159, August 16, 2012, at Pages 50114-50115.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (FNPRM) [175 pages in PDF] regarding its e-rate tax and subsidy program for school and libraries. The FCC adopted and released this NPRM on July 19, 2013, and released it on July 23. It is FCC 13-100 in WC Docket No. 13-184. See, notice in the Federal Register, Vol. 78, No. 161, August 20, 2013, at Pages 51597-51644.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) [38 pages in PDF] regarding speech to speech relay service by persons with speech disabilities. This FNPRM is FCC 13-101 in CG Docket Nos. 08-15 and 03-123. The FCC adopted and released this FNPRM on July 19, 2013. See, Federal Register, Vol. 78, No. 158, August 15, 2013, at Pages 49717-49720.

Deadline to submit initial comments to the Federal Communications Commission (FCC) that refresh the FCC's record regarding property records for rate of return carriers. See, notice in the Federal Register, Vol. 78, No. 157, August 14, 2013, at Pages 49420-49422. See also, the FCC's order [127 pages in PDF] titled "Memorandum Opinion and Order and Report and Order and Further Notice of Proposed Rulemaking and Second Further Notice of Proposed Rulemaking", which is also known as the US Telecom Forbearance Long Order. The FCC adopted that order on May 10, 2013, and released it on May 17. It is FCC 13-69 in WC Docket No. 12-61, CC Docket Nos. 00-199 and 99-301, and numerous other dockets. And see, the FCC's July 23, 2013 Public Notice (DA 13-1617).

8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "How Will FirstNet Improve Public Safety Communications?". The speakers will be __. 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, Google, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:45 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host an event titled "Broadband, Economic Growth, and the Implications for Spectrum Policy". The speakers will include Rep. Greg Walden (R-OR), Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology, and Jason Furman (Chairman of the President's Council of Economic Advisors). At 9:30 AM, there will be a panel titled "Regulation, Broadband Growth, and the Economy". The speakers will be Robert Shapiro ( Sonecon), Bret Swanson (Entropy Economics), Christopher Yoo (University of Pennsylvania), and Kevin Hassett (AEI). At 11:00 AM, there will be a panel titled "How to Make Spectrum More Available". The speakers will be Larry Irving, Robert McDowell (Hudson Institute), Preston Padden (Expanding Opportunities for Broadcasters Coalition), and James Glassman. Free. Open to the public. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Size and Shape of Online Piracy". The speakers will include Sen. Orrin Hatch (R-UT), Sen. Sheldon Whitehouse (D-RI), Robert Atkinson (ITIF), Sandra Aistars (Copyright Alliance), David Price (NetNames), and Morgan Reed (Association for Competitive Technology). See, notice. Webcast. Location: Room 485, Russell Building.

9:30 AM. The Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies will meet. Open to the public. See, notice. Location: SEC, Multi-Purpose Room, LL-006, 100 F St., NE.

11:00 AM - 12:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The Law of Fashion: An EU Perspective on Litigation and IP Law". The speakers will be Simon Bennett (Fox Williams), Holger Gauss (Grünecker), Bonana Guimberteau (FTPA), Lorenzo Litta (De Simone & Partners), and Barbara Kolsun (Stuart Weitzman). Prices vary. CLE credits. See, notice.

12:00 NOON. The Georgetown University's (GU) Georgetown Center for Business and Public Policy will host a panel discussion titled "China Trade and Investment Policy: Shifting Winds?". The speakers will be Daniel Bahar (Deputy Assistant U.S. Trade Representative for Investment), Claire Reade (Assistant U.S. Trade Representative for China Affairs), John Frisbie (U.S. China Business Council), and Bradford Jensen (Georgetown University). Free. Open to the pubic. Lunch will be served. See, notice and registration page. Location: Room B-318, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at eckertseamans dot com. Location: Covington & Burling, 1201 Pennsylvania Ave.,  NW.

2:00 - 4:00 PM. The Brookings Institution (BI) will host a panel discussion titled "Mobile Learning: Transforming Education and Engaging Students and Teachers". The speakers will be Peggy Johnson (Qualcomm), Darrell West (BI), Chris Dede (Harvard Univ.), Shirley Malcom (AAAS), Dallas Dance (Baltimore Country Public Schools), Julie Evans, Michael Flood, Elizabeth Foster, Michael Hirshon (AAAS), and Kathy Spencer. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

2:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, Vol. 78, No. 126, July 1, 2013, at Page 39289. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

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 reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding allegations that certain fixed satellite service (FSS) operators are warehousing satellite orbital locations and frequency assignments and are foreclosing competitors from purchasing capacity on their satellites. This NOI is FCC 13-79 in IB Docket No. 13-147. The FCC adopted this NOI on June 5, 2013, and released it on June 7. See, notice in the Federal Register, Vol. 78, No. 139, July 19, 2013, at Pages 43118-43122.

Deadline to submit comments to the President's Export Council in advance of its September 19, 2013 meeting. The agenda for the meeting includes discussion of intellectual property provisions of the the Trans-Pacific Partnership Agreement (TPPA), expansion of the WTO Information Technology Agreement (ITA), reform of the U.S. export control regime, the 9th WTO Ministerial Conference to be held in Bali, Indonesia on December 3-6, 2013, forced localization policies, government procurement, and de minimis reform. Webcast. See, notice in the Federal Register Vol. 78, No. 170, September 3, 2013, at Pages 54238-54239.

9:30 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing on the nominations of Stevan Bunnel to be General Counsel of the Department of Homeland Security (DHS) and Suzanne Spaulding to be the DHS Under Secretary for National Protection and Programs. See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The President's Export Council's (PEC) Subcommittee on Export Administration (SEA) will meet. See, notice in the Federal Register, Vol. 78, Number 171, September 4, 2013, Page 54450. Location: Department of Commerce, Hoover Building, Room 3884, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM - 2:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, FCC's August 26, 2013 Public Notice (DA 13-1804 in CC Docket No. 92-237). Location: FCC, Commission Meeting Room, 445 12th St., SW.

6:00 - 8:00 PM. The DC Bar Association will host a panel discussion titled "Fair Play? Competition in Sports Broadcasting and the Local Sports Fan". The speakers will be Jonathan Rubin (Rubin PLLC), John Schmidtlein (Williams & Connolly), John Wyss (Wiley Rein), and Steve Vieux. Free. No CLE credits. For more information, call 202-626-3463. 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 - 9:00 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "Startup Rising: The Entrepreneurial Revolution Remaking the Middle East". The speakers will be Christopher Schroeder (the author), Yousef Al Otaiba (Ambassador of the United Arab Emirates), and Leila Hilal (NAF). For more information, contact Ariel Bogle at bogle at newamerica dot net. Location: Smith & Wollensky steak house, 1112 19th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [102 pages in PDF] regarding making spectrum in the 1695-1710 MHz, 1755-1780 MHz, 2020-2025 MHz, and 2155-2180 MHz bands available for Advanced Wireless Services (AWS). The FCC adopted and released this NPRM on July 23, 2013. It is FCC 13-102 in GN Docket No. 13-185. See, notice in the Federal Register, Vol. 78, No. 161, August 20, 2013, at Pages 51559-51595.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) [160 pages in PDF] regarding the its waste, fraud and abuse plagued video relay service (VRS) program. This FNPRM is FCC 13-82 in CG Docket Nos. 10-51 and 03-123. The FCC adopted this FNPRM on June 7, 2013, and released it on June 10. See, notice in the Federal Register, Vol. 78, No. 129, July 5, 2013, at Pages 40407-40421. See also, story titled "FCC Adopts VRS R&O and FNPRM" in TLJ Daily E-Mail Alert No. 2,576, June 12, 2013.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its public safety Travelers' Information Stations (TIS) rules, under which Public Safety Pool (PSP) eligible entities transmit noncommercial travel related information over AM band frequencies to motorists on a localized basis. The FCC adopted this item on July 18, 2013, and released it on July 23. It is FCC 13-98 in PS Docket No. 09-19. See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50370-50372. See also, August 20 Public Notice (DA 13-1784).

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its Notice of Inquiry (NOI) regarding its common format for transition plans to be developed by federal entities to facilitate the relocation of, and spectrum sharing with, U.S. government stations in spectrum bands reallocated from federal use to non-federal use, or to shared use, and auctioned by the Federal Communications Commission (FCC). See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50396-50399.

Deadline to file pre-hearing briefs and statements in advance of the U.S. International Trade Commission's (USITC) September 25, 2013 hearing titled "Digital Trade in the U.S. and Global Economies". See, USITC release, and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51744-51746. See also, story titled "USITC Releases First Report on Digital Trade" in TLJ Daily E-Mail Alert No. 2,589, August 26, 2013.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding TW Telecom of Kentucky's August 16, 2013 application, pursuant to 47 U.S.C. § 214 and 47 C.F.R. § 63.71, to discontinue certain services in Louisville, Kentucky. See, FCC's September 3, 2013 Public Notice (DA 13-1855 in WC Docket No. 13-210).

9:30 AM. The President's Export Council will meet. The agenda for the meeting includes discussion of intellectual property provisions of the the Trans-Pacific Partnership Agreement (TPPA), expansion of the WTO Information Technology Agreement (ITA), reform of the U.S. export control regime, the 9th WTO Ministerial Conference to be held in Bali, Indonesia on December 3-6, 2013, forced localization policies, government procurement, and de minimis reform. Webcast. See, notice in the Federal Register Vol. 78, No. 170, September 3, 2013, at Pages 54238-54239. Location: __.

11:00 AM. The Federal Communications Commission's (FCC) Advisory Committee for the 2015 World Radiocommunication Conference will meet. See, FCC's August 13, 2013 Public Notice (DA 13-1747 in IB Docket No. 04-286), and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51725-51726. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:45 - 2:45 PM. The DC Bar Association will host a panel discussion titled "Impact of New SEC Rules on Private Offerings". The speakers will be Jonathan Ingram (SEC), Karen Wiedemann (SEC), John Coffee (Columbia Law School), David Weild, and Ford Ladd. The price to attend ranges from free to $30. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: Jenner & Block, 9th floor, 1099 New York Ave., NW.

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 reply comments to the Federal Communications Commission (FCC) in response to its August 29, 2013 Public Notice (DA 13-1846 in WC Docket No. 10-90) that requests comments regarding its Version 3.2 of the Connect America Fund Phase II Cost Model, and especially model costs for undersea cable connecting non-contiguous areas to the contiguous U.S.