9/19. Sen. John Rockefeller (D-WV), the soon to retire Chairman of the Senate Commerce Committee (SCC) sent a letter to Motorola Solutions accusing it of undermining the efforts of the First Responder Network Authority, which is also known as the FirstNet, to create a first responder communications network.

He wrote that the construction of this network "threatens the current dominance your company enjoys in the public safety radio device and equipment market".

Sen. Rockefeller continued that "press reports" reveal that Motorola is "financing a public relations and lobbying campaign to erode support for FirstNet's work and mission. They suggest that your company has chosen not to accept the necessary changes the Act is making to our Nation's public safety communications, but instead that you are trying to protect your company's entrenched position".

On the other hand, government lobbying and public communications are things that companies and organized interests do, and Sen. Rockefeller has a history of rhetorical hyperbole regarding these activities.

9/23. Rep. Henry Waxman (D-CA), the ranking Democrat on the House Commerce Committee (HCC), and Rep. Anna Eshoo (D-CA), the ranking Democrat on the HCC's Subcommittee on Communications and Technology, sent a letter to the Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) regarding the "shooting at the Navy Yard" on September 16, 2013, when "some first responders had to resort to their personal cell phones".

They noted that the Congress enacted legislation early in 2012 to provide spectrum for a public safety broadband communications network "to address these communications failures".

They wrote that the NTIA's First Responder Network Authority, which is also known as FirstNet, should "be configured to address these failings". However, they did not explain how.

9/18. The Motion Picture Association of America (MPAA) released an outsourced report [15 pages in PDF] titled "Understanding the Role of Search in Online Piracy".

This report states that "search engines influenced 20% of the sessions in which consumers accessed infringing TV or film content online between 2010 and 2012." Also, it states that "74% of consumers surveyed cited using a search engine as either a discovery or navigational tool in their initial viewing sessions on domains with infringing content".

"For the infringing film and TV content URLs measured, the largest share of search queries that lead to these URLs (82%) came from the largest search engine, Google."

It also states that "The share of referral traffic from Google to sites included in the Google Transparency Report remained flat in the three months following the implementation of Google’s ``signal demotion´´ algorithm in August 2012."

	Chris Dodd Photo by Marissa Rauch

Chris Dodd (at right), head of the MPAA, stated in a release that "This study reaffirms the significant responsibility that search engines share with all of us in the Internet ecosystem to help prevent the theft of movies and TV shows online".

Dodd added that "Search engines bear responsibility for introducing people to infringing content -- even people who aren't actively looking for it. The television and movie community is working every day to develop new and innovative ways to watch content online, and as the Internet’s gatekeepers, search engines share a responsibility to play a constructive role in not directing audiences to illegitimate content."

Rep. Adam Schiff (D-CA) stated in this release that search engines "have a responsibility and a self-interest to take voluntary, good faith steps against rampant online piracy".

Members of the House and Senate tried to pass legislation in the 112th Congress that would exposed search engines to government compulsion.

There were multiple versions of these bills, with different language. The House bill, as introduced, for example, would have empowered the Department of Justice (DOJ) to issue orders directing search engines to take "technically feasible and reasonable measures ... to prevent the foreign infringing site ... from being served as a direct hypertext link".

The Senate bill was S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011", "PROTECT IP Act", or "PIPA". The related bill in the House was HR 3261 [LOC | WW], the "Stop Online Piracy Act" or "SOPA". Senate and House proponents of these bills all but abandoned their efforts to pass these bills after a masterful lobbying effort by Google and others eroded Congressional support.

Michael Petricone (at left) of the Consumer Electronics Association (CEA) stated in a release that the just released MPAA report "is a Hollywood formula as familiar as a rom-com: Blame the technology instead of providing your customers with the experiences and products they want. Yesterday, it was the VCR and the MP3 player. Today, it's search engines, Aereo and the Dish Hopper."

Petricone added that "Search engines don't 'introduce' consumers to infringing content -- most consumers simply want legal, conveniently accessed digital content at a reasonable price. Indeed, studies show that unauthorized downloading decreases as legal alternatives proliferate."

9/18. Federal Communications Commission (FCC) Chairman Mignon Clyburn announced in a speech [4 pages in PDF] that she circulated a Notice of Proposed Rulemaking (NPRM) regarding AM radio. She did not release the text of this draft NPRM to the public.

Clyburn gave this speech on September 18 in Orlando, Florida, at the NAB Radio Show 2013.

Clyburn (at right) said that "the sustainability of the AM broadcast service has been threatened by the migration of AM listeners to newer, higher-fidelity, media services." She said that the FCC has taken, and with this NPRM will continue to take, steps to ease regulatory burdens on AM broadcasters.

She said that this NPRM proposes "opening a one-time filing window, limited to current AM licensees and permittees, which will allow each to apply for one new FM translator station to fill in its service area".

It also proposes "relaxing the AM daytime community coverage rule to allow existing AM broadcasters more flexibility to propose antenna site changes", and "relaxing the AM nighttime community coverage standards, which will also provide broadcasters, who may have difficulty finding suitable sites, relief for towers and directional arrays".

She enumerated other proposals in this NPRM related to interference, Modulation Dependent Carrier Level (MDCL) control technologies, and use of shorter antennas.

FCC Commission Ajit Pai stated in a release that this NPRM "outlines many promising ideas for improving the service offered by AM broadcasters and reducing the regulatory burdens placed on AM stations."

He added that "the AM band faces many challenges today, which is why I proposed one year ago tomorrow that the FCC launch an initiative to revitalize it. Since then, I've heard from AM broadcasters and listeners all across the country asking the FCC to take action. Today, thanks to Chairwoman Clyburn’s leadership, we have taken the first step in responding to their voices."

See also, Pai's September 20 speech.

9/18. Federal Communications Commission (FCC) Chairman Mignon Clyburn announced in a speech [4 pages in PDF] that she circulated a Notice of Proposed Rulemaking (NPRM) regarding AM radio. Clyburn's enumeration of proposals in this NPRM did not include any sort of mandate that phones be built with radio tuners.

However, Clyburn commented on putting radio receivers in smart phones. She said that people use their smart phones to "listen to their favorite music or talk program".

She continued that "I know every radio broadcaster is thinking every day about how to reach listeners on these devices, and I am encouraged that Sprint announced earlier this year its commitment to order and sell smartphones equipped with FM radio chips, along with software to provide an enhanced listening experience."

"It makes sense: employing FM chips in smartphones enables users to hear their local FM radio stations on their devices, using only a fraction of the power that they would use to hear those stations if they streamed them over the Internet. The NextRadio hybrid radio app supplied with those phones provides enhanced data features, as well as song-sharing and purchasing, without significantly impacting the listener’s data usage," said Clyburn.

Gordon Smith (at right), head of the NAB, also gave a speech at this event. He said that "Radio's future lies in our willingness to embrace new platforms and to go where listeners want to go. Now, to that end, NAB is continuing to work with the wireless industry and the government to promote a particular innovation that would greatly serve the public -- the inclusion and activation of radio receivers in mobile devices."

Smith also said that "NAB Labs -- our innovation team -- has been at the forefront of developing "hybrid FM radio" and bringing it to smartphones and other platforms. If you're not familiar with hybrid FM radio, this technology uses over the-air radio receivers in conjunction with online connectivity to provide listeners with the best of both worlds -- through the built-in radio receiver they are able to access their favorite local radio stations, but they also get a more interactive experience… they can view song information, tag their favorite songs and purchase them, or give a station their feedback."

He also commented that Sprint has announced that that two of its smartphones will include FM capability through its NextRadio app.

See also, other TLJ stories on radio in mobile devices:

• "Telecom and Tech Groups Oppose Proposed FM in Mobile Mandate" in TLJ Daily E-Mail Alert No. 2,128, September 8, 2010.
• "Issa and Eshoo Oppose Radio Tuners Mandate" in TLJ Daily E-Mail Alert No. 2,230 May 2, 2011.
• "Representatives Address Hurricanes, Broadcasting, and Radio Tuners in Mobile Phones" in TLJ Daily E-Mail Alert No. 2,389, June 4, 2012.
• "NAB's Smith Advocates Activation of Radio Chips in Smart Phones" in TLJ Daily E-Mail Alert No. 2,453, September 21, 2013.

Smith also commented on the legislation that would create performance rights for music recording artists. Currently, under copyright law, recording artists do not have a performance right for their works played by terrestrial radio broadcasters. Bills have been introduced in recent Congresses to create such a right, but have not been enacted.

Smith said that "Recently, we heard that performance tax legislation may soon be introduced in Congress yet again, perhaps even as I'm speaking to you now. But we won't stand idly by…and as we've done in the past, we will unite and stand firmly against any government mandate that threatens' radio's ability to serve their local communities."

He also commented on webcaster royalties. "Increasingly, webcasters are facing challenges as the music industry is pushing for more royalties for streaming music. It is my hope that both the streaming and broadcast platforms can have a business model that advances the interests of everyone with a stake in the music industry.

He added that "Recent direct deals between broadcasters, record labels and artists demonstrate that there are market-based solutions."

9/23. The Office of the Attorney General of the State of New York announced in a release that it has reached a settlement with nineteen businesses in connection with their "practice of writing fake online reviews".

This release states that these companies "flooded the Internet with fake consumer reviews on websites such as Yelp, Google Local, and CitySearch. In the course of the investigation, the Attorney General's office found that many of these companies used techniques to hide their identities, such as creating fake online profiles on consumer review websites and paying freelance writers from as far away as the Philippines, Bangladesh and Eastern Europe for $1 to $10 per review. By producing fake reviews, these companies violated multiple state laws against false advertising and engaged in illegal and deceptive business practices."

This release alleges violation of New York Executive Law § 63(12). This section provides, in part, that "Whenever any person shall engage in repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business, the attorney general may apply, in the name of the people of the state of New York, to the supreme court of the state of New York, on notice of five days, for an order enjoining the continuance of such business activity or of any fraudulent or illegal acts, directing restitution and damages and, in an appropriate case, cancelling any certificate filed under and by virtue of the provisions of section four hundred forty of the former penal law or section one hundred thirty of the general business law, and the court may award the relief applied for or so much thereof as it may deem proper."

It also alleges violation of New York General Business Law § 349 and § 350.

Section 349 provides, in part, that "Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful".

Section 350 provides in full that " False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful."

The following nineteen companies entered into Assurances of Discontinuance:

• A&E Wig Fashions, Inc. d/b/a A&E and NYS Surgery Center
• A.H. Dental P.C. d/b/a Platinum Dental
• Body Laser Spa Inc.
• The Block Group, LLC, d/b/a Laser Cosmetica and LC MedSpa, LLC
• Bread and Butter NY, LLC d/b/a La Pomme Nightclub and Events Space
• Envision MT Corp.
• iSEOiSEO
• Medical Message Clinic and HerballYours.com
• Metamorphosis Day Spa, Inc.
• Outer Beauty, P.C., Lite Touch Plastic Surgery, P.C., Staten Island Special Surgery, P.C., Sans Pareil Surgical, PLLC
• Stillwater Media Group
• Swan Media Group, Inc. and Scores Media Group, LLC
• US Coachways Limousine, Inc. and US Coachways, Inc.
• Utilities International, Inc. d/b/a Main Street Host
• The Web Empire, LLC
• Webtools, LLC and Webtools Internet Solutions Ltd.
• West Village Teeth Whitening Service, LLC; Magic Smile, Inc., aka Magic Smile
• XVIO, Inc.
• Zamdel, Inc. d/b/a eBoxed

9/21. The Office of the U.S. Trade Representative (OUSTR) issued a release regarding Trans Pacific Partnership Agreement (TPPA) negotiations that took place in Washington DC the week of September 16, 2013. The release states that "progress toward conclusion was made on many issues", including telecommunications, and that e-commerce issues were discussed. It adds that TPPA talks "will take place on the margins of the APEC meetings in Bali, Indonesia, in early October", and that "Groups on intellectual property and rules of origin will be meeting intersessionally in Mexico and Canada, respectively."

9/19. Rep. Peter Welch (D-VT) (at right) and Rep. Bob Latta (R-OH) released a statement regarding Federal Communications Commission (FCC) Chairman Mignon Clyburn's September 17 statement that she has circulated an Order and Further Notice of Proposed Rulemaking (FNPRM) regarding rural call completion. The two wrote that "In this day and age, there is simply no good reason why call completion rates in rural areas should differ from rates in urban and suburban areas.We strongly support practical efforts by the Commission and providers to ensure affordable and high quality telecommunications services in rural America. We are encouraged by this good first step and look forward to reviewing the details of the Order." See also, the FCC's February 2013 Notice of Proposed Rulemaking (NPRM). It is FCC 13-18 in WC Docket No. 13-39. Both Rep. Welch and Rep. Latta are members of the House Commerce Committee (HCC) and its Subcommittee on Communications and Technology.

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

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

For information about subscriptions, see subscription information page.

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

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

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

The House will meet in pro forma session. See, Rep. Cantor's schedule.

The Senate will meet at 2:00 PM.

10:30 - 11:30 AM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) First Responder Network Authority will meet by teleconference. The call in number is 1-888-469-3306. The passcode is FirstNet. See, notice in the Federal Register, Vol. 78, No. 182, September 19, 2013, at Page 57621.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council (TAC) will meet. See, August 19, 2013 Public Notice (DA 13-1774), and notice in the Federal Register, Vol. 78, No. 175, September 10, 2013, at Page 55255. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit to the Office of the U.S. Trade Representative (OUSTR) post hearing written testimony and rebuttal testimony regarding the OUSTR's September 9 hearing in its Section 301 investigation of the intellectual property related actions of government of Ukraine. See, notice in the Federal Register, Vol. 78, No. 143, July 25, 2013, at Page 45011. Location: OUSTR, 1724 F St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [57 pages in PDF] regarding broadband services onboard airplanes and the 14.0-14.5 GHz band. This NPRM is FCC 13-66 in GN Docket No. 13-114. The FCC adopted and released this NPRM on May 9, 2013. See, notice in the Federal Register, Vol. 78, No. 132, July 10, 2013, at Pages 41343-41351.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Media Bureau (MB) in response to its June 25, 2013 Public Notice (PN) regarding the FCC's requirement that broadcast television stations publish their political files online. This PN is DA 13-1440 in MB Docket No. 00-168. See also, notice in the Federal Register, Vol. 78, No. 131, July 9, 2013, at Pages 41014-41016.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the petition for reconsideration [21 pages in PDF] filed by the American Association for Justice (an interest group that represents plaintiffs' trial lawyers) of the FCC's order [202 pages in PDF] regarding human exposure to radiofrequency electromagnetic fields. The FCC adopted this order on March 27, 2013, and released its on March 29. It is FCC 13-39 in ET Docket No. 03-137. See, FCC Public Notice, and notice in the Federal Register, Vol. 78, No. 166, August 27, 2013, at Page 52893.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to AT&T's July 22, 2013 request for an interim waiver [30 pages in PDF] of FCC rules, pending disposition of AT&T's February 19, 2012 petition for rulemaking, to permit the use of Power Spectral Density (PSD) measurements for certain of its Florida station operations in the Cellular Radiotelephone Service. See, FCC's August 22, 2013 Public Notice (DA 13-1743 in WT Docket No. 13-202).

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) regarding the request of the Laboratory Accreditation Bureau (LAB) for accreditation by the FCC. See, FCC's August 23, 2013 Public Notice (DA 13-1795 in ET Docket No. 13-208).

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the July 15, 2013 ex parte presentation [91 pages in PDF] of LightSquared regarding GPS, and particularly its terrestrial wireless handsets in the 1626.5-1660.5 MHz Mobile Satellite Service (MSS) uplink portion of the L-band. See, FCC's August 7, 2013 Public Notice (DA 13-1717 in IB Docket Nos. 12-340, 11-109, etc.)

Effective date of changes to HIPAA privacy, security, enforcement and breach notification rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). See, notice in the Federal Register, Vol. 78, No. 17, January 25, 2013, at Pages 5565-5702.

The House will not meet. See, Rep. Cantor's schedule.

The Senate will meet at 10:00 AM.

9:45 AM. The Georgetown University Law Center (GILC) will host a closed event titled "Surveillance and Foreign Intelligence Gathering in the United States: Past, Present, and Future". Sen. Patrick Leahy (D-VT) will give the opening keynote speech. There will then be a panel discussion. The speakers will be former VP and Sen. Walter Mondale, former Sen. Gary Hart, William Miller, Loch Johnson, and Laura Donohue. See, notice. Location: Hart Auditorium, McDonough Hall, 600 New Jersey Ave.,  NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Mignon Clyburn, Chairman of the Federal Communications Commission (FCC). The deadline for registrations and cancellations is 12:00 NOON on September 18. Prices vary. No webcast. See, notice. Location: Grand Hyatt Hotel, 1000 H St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers and Legislative Committees will host an event titled "Happy Hour". For more information, contact Justin Faulb at JFaulb at eckertseamans dot com or Marc Paul (Lukas Nace) at Marc dot Paul at fcclaw dot com. Location: Johnny's Half Shell, 400 North Capitol St., NW.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule.

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

12:00 NOON - 2:00 PM. The Venable law firm will host an on site and webcast panel discussion titled "Cyber Sticks and Carrots -- How the NIST Cybersecurity Framework, Incentives, and the SAFETY Act Affect You". The speakers will be Jamie Barnett (Venable), Jane Lute (Council on Cybersecurity), Dismas Locaria (Venable), and Jason Wool (Venable). Lunch will be served. See, notice. Location: Venable, 575 7th St., NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on three pending judicial nominees: Carolyn McHugh (to be a Judge of the U.S. Court of Appeals (10thCir)), Vince Chhabria (USDC/NDCal), and James Moody (USDC/EDArk). The SJC will provide a live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

4:00 - 5:30 PM. The American Bar Association's (ABA) Division for Public Education and the Woodrow Wilson Center (WWC) will host a panel discussion titled "The Legal and Media World's Look at the 2013-2014 Supreme Court Term". The speakers will be John Milewski (WWC), Renee Landers (Suffolk University Law School), David Salmons (Bingham McCutchen), David Savage (Los Angeles Times), and Stephen Wermiel (American University law school). Free. Open to the public. See, notice. Location: WWC, Flom Auditorium, Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

11:59 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the Interim Environmental Review [89 pages in PDF] of the proposed Trans-Pacific Partnership Agreement (TPPA). See, notice in the Federal Register, Vol. 78, No. 167, August 28, 2013, at Pages 53183-53184.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding mobile device location surveillance capabilities and precision in advance of its October 2, 2013 workshop. See, FCC Public Notice (DA 13-1873 in PS Docket No. 07-114) and stories titled "FCC Seeks Comments on Mobile Device Location Surveillance Capabilities" in TLJ Daily E-Mail Alert No. 2,598, September 10, 2013, and "California House Democrats Urge FCC to Amend Phone Location Detection Rules" in TLJ Daily E-Mail Alert No. 2,600, September 12, 2013.

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

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 42 [LOC | WW], the "Criminal Antitrust Anti-Retaliation Act of 2013". The agenda also includes consideration of numerous judicial nominees: Judge Robert Wilkins (to be a Judge of the U.S. Court of Appeals (DCCir)), James Donato (USDC/NDCal), Beth Freeman (USCD/NDCal), Brian Davis (USDC/MDFl), Timothy Brooks (USDC/WDArk), and Pedro Delgado Hernandez (USDC/DPR). The agenda also includes consideration of the nomination of Patricia Wald to be a member of the Privacy and Civil Liberties Oversight Board (PCLOB). 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. Webcast. Location: Room 226, Dirksen Building.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". See, tentative agenda, and story titled "FCC Announces Tentative Agenda for September 26 Meeting" in TLJ Daily E-Mail Alert No. 2,596, September 5, 2013. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "FTC v. Actavis: What Next Now That The Court Held That The Rule Of Reason Governs ANDA Settlements?". See, Supreme Court's June 17, 2013 opinion [43 pages in PDF] in FTC v. Actavis, and stories titled "Supreme Court Holds Patent Reverse Payments Can Violate Antitrust Law", "Reaction to the Actavis Opinion" and "Commentary: Potential Impact of the Actavis Opinion on Other FTC and DOJ Antitrust Actions" in TLJ Daily E-Mail Alert No. 2,580, June 19, 2013. The speakers will be Bill Blumenthal (Sidley Austin), Eric Grannon (White & Case), Michael Kades (FTC), Andrew Lazerow (Covington & Burling), and Sean O'Donnell. The price to attend ranges from $25 to $35. No reporters. No CLE credits. No webcast. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host an event titled "The Foreign Intelligence Surveillance Act -- What's Working and What Needs Fixing". The speakers will be David Valdez (FCC), Sam Simon (office of Sen. Richard Blumenthal (D-CT)), Michelle Richardson (ACLU), Harriet Pearson (Hogan Lovells), Douglas Bonner (Drinker Biddle & Reath), Marc Zwillinger (ZwillGen), and Alan Butler (Electronic Privacy Information Center). CLE credits. Prices vary. See, notice. Location: Drinker Biddle & Reath, 1500 K St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding Purple Communications' July 11, 2013 Emergency Petition for Limited Waiver [6 pages in PDF], in connection with FCC's VRS reform order, due to other providers of IP Relay service exiting the IP Relay marketplace. See, Report and Order and Further Notice of Proposed Rulemaking [160 pages in PDF] adopted on June 7, 2013, and released on June 10, 2013. It is FCC in 13-82 in CG Docket Nos. 10-51 and 03-123. See, also the FCC's August 27, 2013 Public Notice (DA 13-1814), and notice in the Federal Register, Vol. 78, No. 176, September 11, 2013, at Pages 55696-55697.

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

9:00 - 10:30 AM. The Information Technology & Innovation Foundation (ITIF) will host a panel discussion titled "The Internet Protocol Transition: Where Do We Stand?". The speakers will be Richard Bennett (ITIF), Robert Atkinson (ITIF), John Bergmayer (Public Knowledge), Blair Levin (Aspen Institute), Prabir Neogi (Carlton University), and David Young (Verizon). Free. Open to the public. See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Agape Church v. FCC, App. Ct. No. 12-1334. This is a petition for review of a final order of the Federal Communications Commission (FCC) regarding must carry mandates imposed upon broadcasters by 47 U.S.C. § 534. See also, FCC brief filed on February 14, 2013. Judges Kavanaugh, Edwards, and Williams will preside. This is the first item on the Court's agenda. Location: USCA Courtroom 11, 4th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mobile Payments Committee will host a brown bag lunch titled "The Five Things You Need to Know About Mobile Payments". The speakers will be Heather Allen (FTC), Henning Schulzrinne (FCC), and Jacqueline Kolego (Verizon). For more information, contact Brooks Harlow (Lukas Nace) at bharlow at fcclaw.com or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: Electronic Transactions Association, 1101 16th St., NW.

Deadline to file initial submissions with the U.S. International Trade Commission (USITC) in its Section 337 exclusion proceeding initiated by InterDigital Communications against Huawei, Futurewei, Nokia and ZTE involving 3G wireless devices. The administrative law judge filed his determination on June 28, 2013 finding no violation of Section 337. The USITC then decided to review this determination in its entirety. It seeks comments on whether establishing a domestic industry based on licensing under 19 U.S.C. § 1337 (a)(3)(C) requires proof of ``articles protected by the patent´´, and if so, whether there is evidence in the record that establishes articles protected by the asserted patents. See, notice in the Federal Register, Vol. 78, No. 175, September 10, 2013, at Pages 55294-55296.

Deadline to submit to the Federal Communications Commission (FCC) petitions to deny and comments on AT&T's planned acquisition of Leap Wireless. See, FCC August 28, 2013 Public Notice (DA 13-1831 in WT Docket No. 13-193). See also, the FCC's Office of General Counsel's (OGC) web page for this merger review.

Deadline to submit to the Federal Communications Commission (FCC) challenges in connection with the FCC's notice that lists all census blocks that price cap carriers have requested funding to serve as part of the second round of Connect America Phase I, and that announces the start of the Phase I challenge process to determine whether or not the requested census blocks are unserved. See, FCC's August 29, 2013 Public Notice (DA 13-1832 in WC Docket No. 10-90).

The Supreme Court will hold its opening conference for its October Term 2013.

11:30 AM. The Library of Congress (LOC) will host a lecture by Orin Kerr (George Washington University law school, on leave at the LOC) on his article [SSRN] titled "The Next Generation Communications Privacy Act". It proposes an overhaul of the Electronic Communications Privacy Act (ECPA). See, notice. Location: LOC, Madison Building, Montpelier Room, 6th floor, 101 Independence Ave., SE.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial, and Antitrust Law will hold a hearing titled "The Office of Information and Regulatory Affairs: Federal Regulations and Regulatory Reform". The witnesses will be __. Webcast. See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit comments to the Department of Commerce's (DOC) Census Bureau regarding its proposal to collect data for its Current Population Survey (CPS) via e-mail. The CPS is used by the Bureau of Labor Statistics (BLS) to prepare monthly reports on employment and unemployment. Some economists argue that the current questionnaire and survey methods produce inaccurate estimates. The DOC's notice in the Federal Register (FR) requesting comments states that "Over the last few years, CPS, like many surveys, has seen response rates declining slowly", in part because "interviewers are unable to make contact with the respondent See, FR, Vol. 78, No. 146, July 30, 2013, at Pages 45910-45911.

EXTENDED TO DECEMBER 4. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding whether the FCC should "require apparatus manufacturers to ensure that their apparatus synchronize the appearance of closed captions with the display of the corresponding video". This FNPRM is FCC 13-84 in MB Docket No. 11-154. The FCC adopted this item on June 13, 2013, and released the text on June 14. See, original notice in the Federal Register, Vol. 78, No. 127, July 2, 2013, at Pages 39691-39698. See also, Public Notice (DA 13-1785) extending deadlines, and extension notice in the Federal Register, Vol. 78, No. 172, September 5, 2013, at Page 54612. See also, story titled "FCC Again Addresses Closed Captioning Mandates for Video Programming Delivered Using IP" in TLJ Daily E-Mail Alert No. 2,578, June 17, 2013.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding spectrum allocations for space related purposes. This NPRM makes two alternative proposals to modify the Allocation Table to provide interference protection for Fixed-Satellite Service (FSS) and Mobile Satellite Service (MSS) earth stations operated by federal agencies under authorizations granted by the National Telecommunications and Information Administration (NTIA) in certain frequency bands. This NPRM also proposes to amend a footnote to the Allocation Table to permit a Federal MSS system to operate in the 399.9-400.05 MHz band, and makes alternative proposals to modify the Allocation Table to provide access to spectrum on an interference protected basis to FCC licensees for use during the launch of launch rockets. This item is FCC 13-65 in ET Docket No. 13-115. The FCC adopted and released this item on May 9, 2013. See, notice in the Federal Register, Vol. 78, No. 126, July 1, 2013, at Pages 39200-39232.

Deadline to submit reply 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 reply 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).

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding Mobile Relay Associates' (MRA) request for waiver of Sections 2.106 and 90.35 of the FCC's rules to to operate on frequency pairs 462/467.5375 MHz and 462/467.7375 MHz at multiple locations in the Los Angeles, Denver, Las Vegas, and Miami metropolitan areas. See, FCC's August 29, 2013 Public Notice (DA 13-1838 in WT Docket No. 13-212).

Deadline to submit comments to the Federal Communications Commission (FCC) regarding CenturyLink's August 12, 2013 application, pursuant to 47 U.S.C. § 214 and 47 C.F.R. § 63.71, to discontinue certain Integrated Service Digital Network-Primary Rate Interface (ISDN-PRI) domestic telecommunications services in the states of Florida, Indiana, Kansas, Minnesota, Missouri, Nebraska, Nevada, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington and Wyoming. See, FCC's August 30, 2013 Public Notice (DA 13-1851 in WC Docket No. 13-211).

Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for membership on its Trademark Public Advisory Committee (TPAC). See, USPTO release, and notice in the Federal Register, Vol. 78, No. 156, August 13, 2013, at Pages 49260-49262.

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 - 5:00 PM. Day one of a three day event hosted by the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) titled "Intersection of Cloud and Mobility Forum and Workshop". Open to the public. Registration required. See, notice in the Federal Register, Vol. 78, No. 171, September 4, 2013, at Page 54453. See also, story titled "NIST to Hold Workshop on Cloud Computing and Mobility" in TLJ Daily E-Mail Alert No. 2,594, September 3, 2013. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

10:00 AM - 3:00 PM. The Federal Communications Commission (FCC) will host an event titled "Cybersecurity Next Generation Technology Forum". The focus of this event is "safeguarding children on the Internet". See, notice. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.