10/24. The Federal Communications Commission (FCC) released a tentative agenda for its event on November 14 titled "open meeting". The FCC is scheduled to adopt a Declaratory Ruling (DR) on foreign investment in U.S. based broadcasters, and a Report and Order (R&O) regarding 911 communications.

The FCC will also hold an event titled "open meeting" on Monday, October 28. The agenda includes adoption of a R&O and Further Notice of Proposed Rulemaking (FNPRM) on rural call completion, a R&O on interoperability in the lower 700 MHz band, and a R&O with rules for the 700 MHz spectrum licensed to the First Responder Network Authority. See, notice of meeting, and October 28 notice of prior adoption of interoperability item.

The FCC's tentative agenda for its November 14 event states that the FCC is scheduled to adopt a DR "to clarify the agency's policies and procedures in reviewing broadcast applications for transfer of control, or requests for declaratory ruling, pursuant to" 47 U.S.C. § 310(b)(4).

U.S. investors and trade negotiators have long urged other countries to reduce their barriers to U.S. investment in information and communications technology (ICT) companies, while at the same time U.S. statutes, and the FCC, Department of Justice (DOJ), and Committee on Foreign Investment in the U.S. (CFIUS), have imposed barriers to foreign investment in U.S. ICT companies.

FCC Commissioner Ajit Pai stated in a release that "I am very pleased that Chairwoman Clyburn has circulated an item to modernize the agency's approach to foreign investment in the broadcasting business. Over a year ago, I called for the elimination of the de facto ban on any foreign investment in a U.S. broadcast holding company that exceeds a 25 percent benchmark." See, Pai's speech of September 19, 2012, at pages 5-6.

Pai (at right) continued that "Under our rules, a foreign company can indirectly hold more than a one-quarter stake in our nation's largest wireless carriers, cable operators, cable programmers, and Internet backbone providers. Yet that company cannot own a similar interest in a single radio station in rural Kansas. This disparity makes no sense, especially considering the difficult financial circumstances facing many broadcasters. Now is the time for the Commission to revise this out-of-date restriction."

Section 310(b) provides as follows:

"No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by--
(1) any alien or the representative of any alien;
(2) any corporation organized under the laws of any foreign government;
(3) any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country;
(4) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license."

The tentative agenda also states that the FCC is scheduled to adopt a R&O "to improve the reliability and resiliency of 911 communications networks".

The tentative agenda also states that there will be two presentations. There will be one on "public-private initiatives seeking to boost broadband adoption and digital literacy", and another on "universal service reform implementation".

This meeting is scheduled for 10:30 AM on Thursday, November 14, 2013 in the Commission Meeting Room, Room TW-C305, 445 12th St., NW.

10/21. The Federal Communications Commission (FCC) rescheduled Auction 96, for H block licenses in the 1915-1920 MHz and 1995-2000 Mhz bands, from January 14, 2014 to January 22, 2014. See, October 21 Public Notice (DA 13-2033) that announces rescheduling.

The FCC explained that the reason for these revisions is that FCC "operations were suspended for a 16-day period from October 1 through October 16, 2013, due to a Government-wide lapse in funding".

See also, September 13, 2013 document (DA 13-1885) titled "Notice and Filing Requirements, Reserve Price, Minimum Opening Bids, Upfront Payments, and other Procedures for Auction 96".

This proceeding is AU Docket No. 13-178.

10/22. Julian Smith, a Member of the United Kingdom House of Commons, gave a speech in the Parliament in which he discussed possible criminal prosecution of the Guardian, which has published news stories about US and UK surveillance activities, based in part upon information that it obtained from Edward Snowden. See, Hansard, October 22, 2013, at Column 67WH.

He said that while US National Security Agency (NSA) "spying ... may have been outwith the reach of Congress", the UK's Government Communications Headquarters (GCHQ) has broken no laws.

He also said that "The Terrorism Act is clear about the illegality of communicating information about our intelligence staff and, specifically, GCHQ. The Official Secrets Act is equally clear about the illegality of communicating classified information that the recipient knows, or has reasonable cause to believe, to be to the detriment of national security."

"Last week, I wrote to the Metropolitan Police Commissioner to ask him to investigate whether The Guardian has breached those two Acts. I urge the Minister to do everything possible to ensure that the police expedite their investigation. In particular, I ask him to ensure that The Guardian has been asked for a decrypted copy of all files to which it has access, so that we may protect our agents and operations."

The Terrorism Act 2000 at Section 58A provides in part that "A person commits an offence who ... elicits or attempts to elicit information about an individual who is or has been ... a member of any of the intelligence services ... which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or ... publishes or communicates any such information."

See also, the Official Secrets Act 1989.

Smith continued that "For the sake of Britain’s national security and for those who protect it, we must pursue the issue that we have discussed today. If we do not, we risk grave consequences, major risks for those who seek to protect us and the setting of a terrible precedent -- that hiding behind the cloak of journalism gives carte blanche to risk the state’s most important secrets, free of consequence and outside the law. In an age of the internet, blogging and self-publishing, that is a serious precedent to set."

10/23. The German publication Der Spiegel published a series of articles that state, among other things, that "US intelligence spied on Chancellor Merkel's mobile phone". The White House new office released a statement on October 23 that admits no wrongdoing.

The statement does not state whether or not the US has monitored the communications German Chancellor Angela Merkel in the past. It only states that the US "is not monitoring and will not monitor the communications of Chancellor Merkel".

There have have been many disclosures about National Security Agency (NSA) surveillance activities since June of this year. President Obama and members of his administration have consistently defended NSA surveillance as necessary for fighting terrorism.

This statement, however, makes no attempt to justify NSA surveillance that targets the leaders of friendly nations.

10/21. The Supreme Court denied certiorari in Johnson v. West Publishing Company, a class action case against a data broker that acquired and resold drivers license information acquired from states. See, Orders List [12 pages in PDF] at page 3.

This lets stand the April 9, 2013 opinion [10 pages in PDF] of the U.S. Court of Appeals (8thCir), which held for the data broker.

The plaintiff, Marcy Johnson, filed a complaint in the U.S. District Court (WDMo) against West Publishing Company alleging violation of the Driver's Privacy Protection Act (DPPA), which is codified at 18 U.S.C. §§ 2721–2725, in connection with the acquisition, aggregation and sale of personal information. She also sought class action status.

The District Court certified the class, and held that the the DPPA does not permit a reseller of personal information, such as West, to obtain driver's license information from a state or third party when the reseller's only purpose is to resell the information to other third parties. West appealed.

The Court of Appeals reversed, relying upon its December 15, 2011 opinion in Cook v. ACS State & Local Solutions, 663 F.3d 989, which was decided after the District Court's ruling.

The Court of Appeals held in Cook that "Section 2721(c) explicitly permits the resale of drivers' information, and it does not require that resellers must first use the information themselves. We hold that Plaintiffs cannot establish a DPPA violation by alleging that Defendants obtained personal information with the sole purpose of selling it to third parties who have permissible section 2721(b) uses for the information."

This case is Marcy Johnson v. West Publishing Company, Supreme Court of the U.S., Sup. Ct. No. 13-218, a petition for writ of certiorari to the U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 12-1176. The Court of Appeals heard an appeal from the U.S. District Court for the Western District of Missouri, D.C. No. 2:10–CV–04027–NKL.

10/21. The Supreme Court denied certiorari in two cases involving internet search providers, letting stand lower court judgments for the search providers.

On October 21, the Supreme Court denied certiorari in Neely v. FCC, a pro se case against the Federal Communications Commission (FCC), Microsoft and Google related to image search results. See, Orders List [12 pages in PDF] at page 9.

The confused complaint failed to articulate a legal theory. However, it alleged that Google's and Microsoft's search engines returned results that attributed nude images to Neeley.

TLJ conducted a Google images search with the name Curtis Neeley. The search results included no indecent pictures. However, Google did return an image of Eric Schmidt in a business suit.

The U.S. District Court (WDArk) issued its opinion [13 pages in PDF] on February 15, 2013 dismissing the complaint for failure to state a claim. The U.S. Court of Appeals (8thCir) issued its one page opinion on June 17, 2013 affirming the District Court.

This case is Curtis Neeley v. FCC, et al., Supreme Court of the U.S., Sup. Ct. No. 13-6502, a petition for writ of certiorari to the U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 13-1506. The Court of Appeals heard an appeal from the U.S. District Court for Western District of Arkansas, D.C. No. 12-5208.

On October 7, the Supreme Court denied certiorari in Stayart v. Google, a state law misappropriation case involving internet search providers. See, October 7 Orders List [94 pages in PDF] at page 14.

This lets stand the March 6, 2013 opinion of the U.S. Court of Appeals (7thCir), which affirmed the judgment of the U.S. District Court (EDWisc), which dismissed the complaint for failure to state a claim.

Bev Stayart filed a complaint that alleged violation of Wisconsin Statute § 995.50(2)(b), which protects an individual’s right of privacy by creating a private right of action for misappropriation of one's name without consent to generate financial revenue.

She alleged that when one enters the term "bev stayart" into Google's search box, the list of suggested complete search phrases is "bev stayart levitra", and that when one selects this suggested search, Google's paid placement advertising program produces a link to the commercial web site for the erectile dysfunction drug named Levitra.

The claim arises under state law. Hence, the District Court and Court of Appeals applied the law of the state of Wisconsin. The Court of Appeals wrote that the claim fails under both Wisconsin's public interest exception and the incidental use exception. That is, Wisconsin case law recognizes a newsworthiness or public interest exception to its misappropriation law, as well as an incidental use exception, and Google's use of "bev stayart" falls within both such exceptions.

This case is Beverly Stayart v. Google, Supreme Court of the U.S., Sup. Ct. No. 12-1417, a petition for writ of certiorari to the U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 11-3012. The Court of Appeals heard an appeal from the U.S. District Court for the Eastern District of Wisconsin, D.C. No. 2:10-cv-00336.

10/15. The Supreme Court denied certiorari in Fox Group v. Cree, Sup. Ct. No. 12-1378, a patent infringement case involving method and apparatus for making silicon carbide crystal, a semiconductor that is used in high temperature and high power electronics such as light sources, power diodes, and photodiodes. See, October 15 Orders List [15 pages in PDF] at page 3. This lets stand the November 28, 2012 opinion [27 pages in PDF] of the U.S. Court of Appeals (FedCir), App. Ct. No. 2011-1576. The Court of Appeals heard an appeal from the U.S. District Court (EDVa), D.C. No. 10-CV-0314. See also, Supreme Court's docket.

10/15. The Supreme Court denied certiorari in Sprint v. Central Telephone of Virginia and Dixie-Net Communications v. BellSouth, an telecommunications interconnection contract dispute. See, October 15 Orders List [15 pages in PDF] at page 13. This lets stand the April 29, 2013 opinion of the U.S. Court of Appeals (4thCir), which affirmed the judgment of the U.S. District Court (EDVa) in favor of CenturyLink. This case is Sprint Communications, et al. v. Central Telephone of Virginia, et al., Sup. Ct. No. 13-141 and Dixie-Net Communications, Inc. v. BellSouth Telecommunications, Sup. Ct. No. 13-152, petitions for writ of certiorari to the U.S. Court of Appeals for the 4th Circuit, App. Ct. No. 12-1322. The Court of Appeals heard an appeal from the U.S. District Court for the Eastern District of Virginia, D.C. No. 3:09-cv-00720-REP.

10/7. The Supreme Court denied certiorari in Eastland Music Group v. Lionsgate Entertainment, a trademark case. See, October 7 Orders List [94 pages in PDF] at page 16. This lets stand the short February 21, 2013 opinion of the U.S. Court of Appeals (7thCir), which affirmed the Rule 12(b)(6) dismissal by the U.S. District Court (NDIll) of the plaintiff's complaint. The plaintiff, Eastland Music Group (EMG), which registered the trademark "PHIFTY-50", made a rap album in 2003. Lionsgate Entertainment is a movie company that made a movie that opened in 2011 titled "50/50". The title referred to the main character's chances of surviving cancer. EMG filed a complaint alleging trademark infringement. The District Court dismissed. The Court of Appeals affirmed. It wrote that "The title of a work of intellectual property can infringe another author's mark only if the title falsely implies that the latter author is its origin." It cited Dastar v. Twentieth Century Fox Film, 539 U.S. 23 (2003). This case is Eastland Music Group, LLC v. Lionsgate Entertainment, Inc., Sup. Ct. No. 12-1501, and App. Ct. No. 12–2928.

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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.

The Senate will meet at 2:00 PM. See, SConRes 24.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "open meeting". The agenda includes adoption of a R&O and FNPRM on rural call completion, a R&O on interoperability in the lower 700 MHz band, and a R&O with rules for the 700 MHz spectrum licensed to the First Responder Network Authority. See, notice. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

12:00 NOON - 1:30 PM. The Tech Freedom (TF), Reason Foundation and Koch Institute will host an on site and webcast panel discussion titled "DC v. SF: A Clash of Vision for Tech Policy". The speakers will be Declan McCullagh (CNET), Berin Szoka (TF), Larry Downes (TF), and Mike McGeary (Engine Advocacy). Free. Open to the public. Lunch will be served. See, notice. Location: Hyatt Regency, 5 Embarcadero Center, San Francisco, CA.

EXTENDED TO NOVEMBER 4. Deadline to submit to the Federal Communications Commission (FCC) responses to 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). See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 10. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the proposed merger involving Globecomm Systems, Telaurus Communications, and Wasserstein Cosmos. See, FCC's September 26, 2013 Public Notice (DA 13-1987 in WC Docket No. 13-235). See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 10. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding DISH Network Corporation's September 9, 2013 Petition for Waiver and Request Extension of Time [22 pages in PDF] regarding the FCC's AWS-4 rules applied to offering terrestrial broadband service. See, FCC's September 13, 2013 Public Notice (DA 13-1877 in WT Docket No. 13-225) and notice in the Federal Register, Vol. 78, No. 188, September 27, 2013, at Pages 59633-59635. See, Public Notice (DA 13-2025) extending deadlines, item 9, at page 6.

EXTENDED FROM OCTOBER 16. Extended deadline to submit reply 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. See, Public Notice (DA 13-2025) extending deadlines, item 8, at pages 5-6.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider several non-technology related items. See, Rep. Cantor's schedule.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) Sensors and Instrumentation Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, Vol. 78, No. 190, October 1, 2013, at Pages 60251-60252. Location: DOC, Hoover Building, Room 6087B, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM. The House Judiciary Committee (HJC) will hold a hearing on HR 3309 [LOC | WW | PDF], the "Innovation Act", a bill that would address abusive practices by patent assertion entities (PAEs), and other patent subjects. The witnesses will be __. See, HJC notice. See also, stories titled "Representatives Introduce Bill to Restrain Patent Assertion Entities", "Summary of the Innovation Act", and "Commentary: Patent Reform, Demand Letters and Non-Litigation Tactics" in TLJ Daily E-Mail Alert No. 2,615, October 23, 20913. Location: Room 2141, Rayburn Building.

10:30 AM. The Senate Commerce Committee's (SJC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "Broadband Adoption: The Next Mile". The witnesses will be Aaron Smith (Pew Research Center), David Cohen (Comcast), Bernadine Joselyn (Blandin Foundation), Sunne McPeak (California Emerging Technology Fund), and John Sununu (Broadband for America). See, notice. Location: Room 253, Russell Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Evolution of Digital Content". Daniel Castro (ITIF), David Israelite (National Music Publishers' Association), Lee Knife (Digital Media Association), Zahavah Levine (Google), and John McCoskey (MPAA). Free. Open to the public. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Jessica Rosenworcel, Commissioner of the Federal Communications Commission (FCC). The deadline for registrations and cancellations is 12:00 NOON on October 23. Prices vary. No webcast. See, notice. Location: Capitol Hilton, 1001 16th St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Hot Topics in Cybersecurity Law". The speakers will be Michael Aisenberg (MITRE Corporation), David Bodenheimer (Crowell & Moring), Martha Chemas, Lucy Thomson (Livingston), and Hoyt Kesterson (Terra Verde Services). Prices vary. CLE credits. See, notice.

2:00 PM. The House Judiciary Committee (HJC) will hold a hearing titled "Are More Judges Always the Answer?". See, notice. Location: Room 2141, Rayburn Building.

RESCHEDULED FROM OCTOBER 24. 1:30 PM. The House Intelligence Committee (HIC) will hold a hearing titled "NSA Programs". The witnesses will be __. See, notice. Location: Room 2167, Rayburn Building.

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

POSTPONED TO DECEMBER 12. 8:30 AM - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host a meeting to discuss its Internet Policy Task Force's paper [122 pages in PDF] titled "Copyright Policy, Creativity, and Innovation in the Digital Economy", released on July 31, 2013. See, notice in the Federal Register, Vol. 78, No. 192, October 3, 2013, at Pages 61337-61341, and notice of rescheduling. Location: Amphitheatre, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

8:30 AM - 4:00 PM. The Department of Justice's (DOJ) Global Justice Information Sharing Initiative Federal Advisory Committee will meet. See, notice in the Federal Register, Vol. 78, No. 180, September 17, 2013, at Page 57178. Location: Hilton Crystal City at Washington Reagan National Airport, 2399 Jefferson Davis Highway, Arlington, VA.

9:00 AM. The House Commerce Committee (HCC) will hold a hearing titled "PPACA Implementation Failures: Answers from HHS". See also, story titled "Republicans Query DHHS Regarding IT Failures in ObamaCare's FFM" in TLJ Daily E-Mail Alert No. 2,613, October 17, 2013. The witnesses may include Secretary Kathleen Sebelius. Webcast. See, notice. Location: Room __, Rayburn Building.

RESCHEDULED FROM OCTOBER 24. 9:30 AM. The House Judiciary Committee's (HJC) Over-Criminalization Task Force will hold a hearing titled "Regulatory Crime: Identifying the Scope of the Problem". See, notice. Location: Room 2237, Rayburn Building.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The Amended COPPA Rule: Adapting to the Final Implementation". The speakers will be Erika Lee (Norton Rose Fulbright), Elizabeth Blumenfeld (Crowell & Moring), Kristin Cohen (FTC), and Phyllis Spaeth (Council of Better Business Bureaus). The price ranges from free to $25. No CLE credits. See, notice.

1:00 PM. The US Telecom will host a webcast presentation titled "How Peering Improves Security". The speaker will be William Norton (International Internet Exchange). Free. Open to the public. See, notice.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Protect Your Practice Website: Is Your Firm at Risk After Google's Penguin 2.0 Algorithm Change?". The speakers will be Mischelle Davis (Davis Law Group), Tom Foster (Foster Web Marketing), David Frees (Unruh Turner Burke & Frees), and Christina Eaglin (MMPP). Prices vary. See, notice.

RESCHEDULED FROM OCTOBER 23. 2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on pending nominees: John Owens (to be a Judge of the U.S. Court of Appeals (9thCir)), Matthew Leitman (USDC/EDMich), Judith Levy (USDC/EDMich), Laurie Michelson (USDC/EDMich), Linda Parker (USDC/EDMich), and Peter Kadzik (Assistant Attorney General in charge of the Office of Legislative Affairs). Webcast. See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:00 PM. The DC Bar Association and the American Bar Association (ABA) will host a panel discussion titled "Practitioners' Guide to FISA". The speakers may include Steven Cash (Deck Prism), Kenneth Wainstein (Cadwalader Wickersham & Taft), and/or others. Free. No CLE credits. No webcast. For more information and to register to attend, contact Mike Abler at abler dot michael at gmail dot com, mabler at deckprisim dot net, or 703-915-4514. The DC Bar bars reporters from most of its events. The ABA allows reporters at most of its events. See, DC bar notice and ABA notice. Location: Cadwalader Wickersham & Taft, 700 6th St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host an event titled "The State of Cyber Security Standards in the US". The speakers will be Chris Moore (FCC's Office of Legislative Affairs), Jeffery Goldthorp (FCC's Public Safety & Homeland Security Bureau), Joel Margolis (Subsentio), former Rep. Clifford Stearns (APCO Worldwide), Diane Rinaldo (office of Rep. Mike Rogers (R-MI)), Clete Johnson (Senate Intelligence Committee), and ___. No webcast. CLE credits. See, notice. Location: Wiley Rein, 1776 K St., NW.

TIME? There will be an event titled "Practitioner's Guide to FISA". There will also be an opening reception for the American Bar Association (ABA) conference on October 31 through November 1 titled "23rd Annual Review of the Field of National Security Law". Location: Cadwalader Wickersham & Taft, 700 6th St., NW.

Effective date for the Federal Communications Commission's (FCC) rules changes regarding intentional radiators operating on an unlicensed basis in the 57-64 GHz frequency range, aka 60 GHz. The FCC adopted and released its Report and Order [32 pages in PDF] on August 9, 2013. It is FCC 13-112 in ET Docket No. 07-113 and RM-11104. See, notice in the Federal Register, Vol. 78, No. 189, September 30, 2013, at Pages 59844-59850.

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

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of Robert Wilkins to be Judge of the U.S. Court of Appeals (DCCir). This 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. The agenda also includes consideration of James Donato and Beth Freeman (to be Judges of the USDC/NDCal), Brian Davis (USDC/MDFl), Timothy Brooks (USDC/WDArk), and Pedro Delgado Hernandez (USDC/DPR). The agenda also includes consideration of S 42 [LOC | WW], the "Criminal Antitrust Anti-Retaliation Act of 2013". See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The National Economists Club (NEC) will host a lunch at which Frederick Treyz (Regional Economic Models, Inc.) will address "Key Components of Immigration Reform". Prices vary. See, notice. Location: Chinatown Garden Restaurant, 618 H St., NW.

12:15 - 1:30 PM. The American Bar Association (ABA) will host an on site and webcast panel discussion titled "Meet the New Deputy Assistant Attorney General for Economics". The speakers will be Aviv Nevo (DOJ), Donald Stockdale (Mayer Brown), Jacqueline Grise (Cooley) and Amanda Wait (Hunton & Williams). The price to attend ranges from free to $25. No CLE credits. See, notice. Location: Mayer Brown, 1999 K St., NW.

Day one of a two day conference hosted by the American Bar Association (ABA), University of Virginia, Duke University, and Georgetown University titled "23rd Annual Review of the Field of National Security Law". CLE credits. No webcast. Prices vary. See, notice. Location: Ritz Carlton Hotel, 1150 22nd St., NW.

EXTENDED TO NOVEMBER 4. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its September 23, 2013 Further Notice of Proposed Rulemaking [18 pages in PDF] (DA 13-1954 in GN Docket No. 12-268) titled "Public Notice". This pertains to reimbursable costs of broadcasters and MVPDs associated with incentive auctions. See also, Paragraphs 334-354 of the FCC's September 28, 2012 Notice of Proposed Rulemaking [205 pages in PDF] (FCC 12-118 in GN Docket No. 12-268). See also, notice in the Federal Register, Vol. 78, No. 190, October 1, 2013, at Pages 60281-60282. And see, story titled "FCC Seeks Comments on Reimbursable Broadcaster and MVPD Costs" in TLJ Daily E-Mail Alert No. 2,605, September 26, 2013. See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 15. Extended deadline for Eligible Telecommunications Carriers (ETCs) to submit annual reports with FCC Form 481 to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB). See, August 6, 2013 Public Notice (DA 13-1707 in WC Docket Nos. 10–90 and 11-42). See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 15. Extended deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to petitions to deny 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. See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 15. Extended deadline to submit reply 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). See, Public Notice (DA 13-2025) extending deadlines.

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

Supreme Court conference day. See, October Term 2013 calendar.

8:30 AM. The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its October 2013 unemployment data.

Day two of a two day conference hosted by the American Bar Association (ABA), University of Virginia, Duke University, and Georgetown University titled "23rd Annual Review of the Field of National Security Law". CLE credits. No webcast. Prices vary. See, notice. Location: Ritz Carlton Hotel, 1150 22nd St., NW.

EXTENDED TO NOVEMBER 18. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking and Notice of Inquiry (FNPRM & NOI) regarding human exposure to RF electromagnetic fields. The FCC adopted this item on March 27, 2013, and released it March 29, 2013. It is FCC 13-39 in ET Docket Nos. 03-137 and 13-84. See, notice in the Federal Register, Vol. 78, No. 107, June 4, 2013, at Pages 33654-33687. See also, story titled "FCC Addresses Cellphone RF Exposure" in TLJ Daily E-Mail Alert No. 2,543, April 1, 2013. See, Public Notice (DA 13-2025) at page 6.

EXTENDED TO DECEMBER 2. Deadline for AM, FM, TV, LPTV, and Class A stations, and entities with attributable interests to file with the Federal Communications Commission (FCC) the biennial ownership report on FCC Form 323. See, August 6, 2013 Order (DA 13-1710 in MB Docket No. 07-294) of the FCC's Media Bureau extending this deadline.

EXTENDED TO NOVEMBER 19. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) which seeks comments on the National Exchange Carrier Association's (NECA) proposed 2014 modification of the average schedule universal service high cost loop support formula. This PN is DA 13-1870 in FCC 05-337. See, Public Notice (DA 13-2025) extending deadlines, item 2, at page 3.

Day one of a three day conference hosted by the Government Technology Research Council (GTRC) titled "GTRC Secure Gov Council Meeting". See, conference web site. Location: Gaylord Marriott National Harbor, Washington, DC.

The House will not meet the week of November 4 through November 8. It will next meet on Tuesday, November 11. See, House calendar for the 113th Congress, 1st Session.

Day two of a three day conference hosted by the Government Technology Research Council (GTRC) titled "GTRC Secure Gov Council Meeting". See, conference web site. Location: Gaylord Marriott National Harbor, Washington, DC.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in CyberFone Systems v. CNN Interactive Group, App. Ct. No. 12-1673. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Nazomi Communications v. Nokia, App. Ct. No. 13-1165. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Amdocs Limited v. Openet Telecom, Inc., App. Ct. No. 13-1212. Panel B.  Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Microsoft v. Datatern, App. Ct. No. 13-1184, and SAP AG v. Datatern, App. Ct. No. 13-1185. Panel C. Location: Courtroom 203, 717 Madison Place, NW.

EXTENDED FROM SEPTEMBER 3. Extended deadline to submit initial 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. 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.

EXTENDED FROM OCTOBER 31. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its September 23, 2013 Further Notice of Proposed Rulemaking [18 pages in PDF] (DA 13-1954 in GN Docket No. 12-268) titled "Public Notice". This pertains to reimbursable costs of broadcasters and MVPDs associated with incentive auctions. See also, Paragraphs 334-354 of the FCC's September 28, 2012 Notice of Proposed Rulemaking [205 pages in PDF] (FCC 12-118 in GN Docket No. 12-268). See also, notice in the Federal Register, Vol. 78, No. 190, October 1, 2013, at Pages 60281-60282. And see, story titled "FCC Seeks Comments on Reimbursable Broadcaster and MVPD Costs" in TLJ Daily E-Mail Alert No. 2,605, September 26, 2013. See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 28. Extended deadline to submit to the Federal Communications Commission (FCC) responses to 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). See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 23. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [14 pages in PDF] (DA 13-1969 in EB Docket No. 04-296) regarding equipment and operational issues identified following the first test of the Emergency Alert System (EAS) on November 9, 2011. See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 18. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking [94 pages in PDF] regarding the provision and marketing of Internet Protocol Captioned Telephone Service (IP CTS). The FCC adopted and released this item on August 26, 2013. It is FCC 13-118 in CG Docket Nos. 13-24 and 03-123. See, notice in the Federal Register, Vol. 78, No. 170, September 3, 2013, at Pages 54201-54209. See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 17. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the proposed merger involving Globecomm Systems, Telaurus Communications, and Wasserstein Cosmos. See, FCC's September 26, 2013 Public Notice (DA 13-1987 in WC Docket No. 13-235). See, Public Notice (DA 13-2025) extending deadlines.

EXTENDED FROM OCTOBER 17. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) which seeks comments on the National Exchange Carrier Association's (NECA) proposed 2014 modification of the average schedule universal service high cost loop support formula. This PN is DA 13-1870 in FCC 05-337. See, Public Notice (DA 13-2025) extending deadlines, item 2, at page 3.