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Wednesday, April 23, 2014, Alert No. 2,645.
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FCC to Consider Open Internet NPRM

4/23. The Federal Communications Commission (FCC) announced that "FCC Senior Officials" will hold a teleconferenced "Background media briefing on draft Open Internet NPRM" on Thursday, April 24, 2014 to discuss "draft proposed Open Internet rules to protect and promote a free and open Internet".

The FCC further announced that the FCC will consider this Notice of Proposed Rulemaking (NPRM) at its May 15 event titled "open meeting".

FCC Chairman Tom Wheeler wrote in a statement that "There are reports that the FCC is gutting the Open Internet rule. They are flat out wrong. Tomorrow we will circulate to the Commission a new Open Internet proposal that will restore the concepts of net neutrality consistent with the court's ruling in January. There is no 'turnaround in policy.' The same rules will apply to all Internet content. As with the original Open Internet rules, and consistent with the court's decision, behavior that harms consumers or competition will not be permitted."

The FCC has not publicly released a draft of this NPRM. However, some news reports have described its contents. See for example, story by Edward Wyatt in the New York Times titled "In Policy Shift, F.C.C. Will Allow a Web Fast Lane".

This article states that the NPRM will propose "rules that allow companies like Disney, Google or Netflix to pay Internet service providers like Comcast and Verizon for special, faster lanes to send video and other content to their customers".

The Public Knowledge's (PK) Michael Weinberg stated in a release that "The FCC is inviting ISPs to pick winners and losers online. The very essence of a ``commercial reasonableness创 standard is discrimination. And the core of net neutrality is non discrimination. This is not net neutrality. This standard allows ISPs to impose a new price of entry for innovation on the Internet. When the Commission used a commercial reasonableness standard for wireless data roaming, it explicitly found that it may be commercially reasonable for a broadband ISP to charge an edge provider higher rates because its service is competitively threatening."

The FCC adopted Report and Order (R&O) [194 pages in PDF] on December 21, 2010 that containd rules that regulate the business practices of broadband internet access service (BIAS) providers. These rules are also sometimes referred to as open internet rules or network neutrality rules. The U.S. Court of Appeals (DCCir) issued its opinion on January 14, 2014, in Verizon v. FCC, vacating that 2010 order.

And before that, on August 1, 2008 the FCC issued an order [67 pages in PDF] in an adjudicatory proceeding that asserted authority to regulate the network management practices of BIAS providers. On April 6, 2010, the Court of Appeals issued its opinion [36 pages in PDF] in Comcast v. FCC, vacating that August 2008 order.

The PK's Weinberg added that "The DC Circuit Court opinion made it clear that the only way to achieve net neutrality is to reclassify internet access as a telecommunications service."

Sara Morris of the New America Foundation (NAF) wrote in a release that "We are dismayed to hear reports from multiple sources that the FCC is considering rules that would allow Internet service providers to extract additional fees from content companies for prioritized access to their subscribers. Not only is this simply another way for ISPs to charge additional fees for a service that they are already getting paid to deliver, it also allows those companies to take advantage of their positions as gatekeepers to pick winners and losers online. The beauty of the Internet has always been its ability to serve as an unrestricted platform for all speech, giving users the ability to access the content that they choose without ISP-selected ``fast lanes创 and ``slow lanes.创"

FCC Adopts NPRM Regarding 3550-3650 MHz Band

4/23. The Federal Communications Commission (FCC) adopted and released a Further Notice of Proposed Rulemaking [90 pages in PDF] regarding wireless broadband services in the 3550-3650 MHz band.

FCC Chairman Tom Wheeler wrote in his statement that "Not only are we proposing to open up the 3.5 GHz band, but we are also enabling the powerful new concept of spectrum sharing among multiple users on an hierarchical basis."

This FNPRM states that it proposes "rules for a new Citizens Broadband Radio Service in the 3.5 GHz Band".

It states that "The 3.5 GHz Band could be an ``innovation band,创 where we can explore new methods of spectrum sharing and promote a diverse array of network technologies, with a focus on relatively low-powered applications. If successful, the spectrum sharing model proposed for this band could ultimately be expanded to other spectrum bands and ``transform the availability of a precious national resource -- spectrum -- from scarcity to abundance.创" (Quotations from the July 20, 2012 report of the President's Council of Advisors on Science and Technology.)

FCC Commissioner Ajit Pai wrote that "federal incumbents aren't the most efficient users. The 3.5 GHz band is a case in point -- relatively minor use of that band along the nation抯 coasts has left the majority of this spectrum under-utilized for decades. Now it抯 time to put it to work for consumers."

He asked rhetorically, "Can our proposals for the 3.5 GHz band be implemented in the real world? Can consumer products be brought to market in a timely manner? We must approach the 3.5 GHz band from a practical perspective, not merely a theoretical one. When viewed through this lens, today's item is a mixed bag, and I therefore will be voting to concur."

Pai explained that "The foremost problem involves exclusion zones." He also questioned "the proposal to impose a hard, 30 MHz cap on the amount of priority access spectrum that any one entity can hold".

FCC Commissioner Michael O'Reilly wrote in his statement that "the 3.5 GHz Band will be one big experiment in terms of the proposed sharing design and licensing scheme. We place a lot of trust that this novel effort will be successful. But, if it does not meet expectations, we are not precluded from altering it in the future. Accordingly, I will vote in favor today抯 further notice ..."

O'Reilly added that "I worry that the proposed exclusion zones are too large to attract adequate interest and investment in this band."

Google stated in a release that it "welcomes the new FCC rules as a major step forward". It stated that "The key idea is that modern database technologies will allow commercial use of spectrum that historically has been dedicated to federal purposes, when and where the government doesn抰 have immediate need for it. Additionally, this new model allows flexible commercial use of the spectrum, where the database can mediate between protected operations like cellular LTE, and unprotected operations (which could be WiFi-type devices), without the government having to pick one or the other. The government will also benefit from having commercial devices in their bands. Federal users will be able to buy lower-cost and higher-performance equipment based on consumer smartphone technologies."

Initial comments will be due within 40 days of publication of a notice in the Federal Register (FR). Reply comments will be due within 60 days of such publication. As of the April 24 issue of the FR, this notice had not yet been published. This FNPRM is FCC 14-49 in GN Docket No. 12-354.

More FCC News

4/22. The Federal Communications Commission (FCC) adopted and released a Report and Order [17 pages in PDF] that eliminates the effective competitive opportunities (ECO) test that applies to international section 214 applications and cable landing license applications filed by foreign carriers or their affiliates that have market power in countries that are not members of the World Trade Organization (WTO). This R&O adds that the FCC "will consider such applications using a significantly less burdensome application filing and review procedure". This R&O is FCC 14-48 in IB Docket No. 12-299.

4/22. The Federal Communications Commission (FCC) extended the deadlines to submit comments in response to its Further Notice of Proposed Rulemaking (NPRM) regarding whether to eliminate or modify the network non-duplication and syndicated exclusivity rules. The FCC adopted and released this FNPRM on March 31, 2014. It is FCC 14-29 in MB Docket No. 10-71. See, notice in the Federal Register, Vol. 79, No. 69, April 10, 2014, at Pages 19849-19860 setting the original deadlines of May 12 and June 9. See also, April 22 Public Notice (DA 14-525) extending deadlines to June 26 and July 24.

4/21. Netflix announced its opposition to the merger of Comcast and Time Warner on April 21, 2014. The gist of Netflix's contention is that there is a "lack of sufficient interconnectivity" by some broadband internet access service (BIAS) providers, such as Comcast. See also, story titled "Netflix's Hastings Complains About Lack of Interconnectivity" in TLJ Daily E-Mail Alert No. 2,635, March 24, 2014. Comcast responded in a release that "Netflix's opposition to our Time Warner Cable transaction is based on inaccurate claims and arguments. There has been no company that has had a stronger commitment to openness of the Internet than Comcast and we are the only ISP in the country that is currently legally bound by the FCC抯 vacated Net Neutrality rules." Comcast added that "Internet interconnection has nothing to do with net neutrality; it's all about Netflix wanting to unfairly shift its costs from its customers to all Internet customers, regardless of whether they subscribe to Netflix or not."

People and Appointments

4/23. Meredith Baker was named head of the CTIA Wireless Association. She replaces Steve Largent. She was previously SVP of Government Affairs for Comcast NBCU. Before that, she was a Federal Communications Commission (FCC) Commissioner. And before that, she was acting head of the National Telecommunications and Information Administration (NTIA). See, release.

4/22. Sen. Tom Carper (D-DE), the Chairman of the Senate Homeland Security and Governmental Affairs Committee, announced staff changes. Bill Ghent is promoted to Chief of Staff; he was Legislative Director. Emily Spain is promoted to Legislative Director, Ghent; she was Communications Director. See, release.

4/10. The American Cable Association (ACA) announced staff promotions. Ross Lieberman, who works in the ACA's Washington DC office, will become SVP of Government Affairs. Robert Shema of the Pittsburgh office will become EVP of Membership/Finance and Chief of Staff. Stacey Leech of the Pittsburgh office will become Senior Director of Meetings and Industry Affairs. Matthew Polka remains head of the ACA. See, ACA release.

Financial News

4/23. Apple announced in a release its "financial results for its fiscal 2014 second quarter ended March 29, 2014. The Company posted quarterly revenue of $45.6 billion and quarterly net profit of $10.2 billion, or $11.62 per diluted share. These results compare to revenue of $43.6 billion and net profit of $9.5 billion, or $10.09 per diluted share, in the year-ago quarter." See also, Apple's April 23 SEC Form 8-K.

4/23. Facebook issued a release regarding its financial results for the first quarter of 2014. Revenue was $2.502 Billion, up from $1.458 Billion in the first quarter of 2013. Facebook also disclosed that "Revenue from advertising was $2.27 billion, an 82% increase from the same quarter last year. Mobile advertising revenue represented approximately 59% of advertising revenue for the first quarter of 2014, up from approximately 30% of advertising revenue in the first quarter of 2013. Payments and other fees revenue was $237 million for the first quarter of 2014." See also, Facebook's April 23 SEC Form 8-K.

4/23. Netflix announced quarterly financial results. See, April 21 release and April 23 SEC Form 10-Q. Google announced financial results on April 16. See, release. AT&T announced first quarter financial results on April 22. See, release.

More News

4/21. Microsoft announced in a release "a patent licensing agreement" with Motorola Solutions. Microsoft added that "The license provides worldwide coverage under Microsoft's patent portfolio for Motorola Solutions' devices running the Android platform and Chrome OS operating system."

4/21. Nokia announced in an April 21 release that "it expects the transaction whereby the company will sell substantially all of its Devices & Services business to Microsoft to close on April 25, 2014. The transaction is now subject only to certain customary closing conditions." It announced in a April 9 release that the PRC's MOFCOM approved the transaction. The U.S. Department of Justice (DOJ) and the European Commission (EC) previously approved the transaction.

4/9. Hewlett Packard (HP) announced in a release "resolution" of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) investigation of its potential violations of the Foreign Corrupt Practices Act (FCPA). HP stated that it "will pay approximately $108 million to these two U.S. government agencies. HP also has agreed to undertake certain compliance, reporting and cooperation obligations."

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In This Issue
This issue contains the following items:
  FCC to Consider Open Internet NPRM
  FCC Adopts NPRM Regarding 3550-3650 MHz Band
  More FCC News
  People and Appointments
  Financial News
  More News
Washington Tech Calendar
New items are highlighted in red.
Wednesday, April 23

The House will not meet the week of April 21-25. It will next meet at 2:00 PM on Monday, April 28. See, 2014 House calendar, and SConRes 35.

The Senate will not meet the week of April 21-25. It will next meet at 2:00 PM on Monday, April 28. See, SConRes 35.

8:30 AM - 2:00 PM. The U.S. Chamber of Commerce's (USCC) Global Intellectual Property Center (GIPC) will host an event titled "2nd Annual IP Champions Conference". The speakers will include Rep. Doug Collins (R-GA), David Hirschmann (head of the GIPC), Mark Crowell (University of Virginia), Anastasia Danias (National Football League), Alun Jones (United Nations Office of Drugs and Crime), David Lowery (University of Georgia), and Miriam Vogel (Department of Justice). Lev Kubiak (Director of the DHS ICE Intellectual Property Rights Center) will participate on a panel titled "recent successes in Information Protection theft enforcement". Location: USCC, 1615 H St., NW.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The April 23 session is open to the public. No webcast. See, notice in the Federal Register, Vol. 79, No. 66, April 7, 2014, at Pages 19051-19052. Location: Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "Open Meeting". The agenda includes a huge universal service item and an NPRM regarding spectrum sharing in the 3550-3650 MHz band. Webcast. See also, notice in the Federal Register, Vol. 79, No. 77, April 22, 2014, at Pages 22492-22493. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

11:00 AM. The Federal Election Commission (FEC) will meet to consider two advisory opinions regarding application of the federal election campaign finance regulatory regime to Bitcoins. See, Draft A and Draft B. See also, notice in the Federal Register, Vol. 79, No. 76, April 21, 2014, Page 22132, and FEC's meeting agenda. And see, story titled "FEC to Consider Bitcoin Advisory Opinions" in TLJ Daily E-Mail Alert No. 2,642, April 18, 2014. Location: FEC, 999 E St., NW.

1:45 - 3:45 PM. The Copyright Office (CO) will host an event titled "Movies: A Global Passion". The speakers will be Francis Gurry (Director General of WIPO), Matthew Harrison (director), Robert Newman (actor), and Mike Mashon (Library of Congress). Free. No webcast. See, notice. Location: Coolidge Auditorium, Library of Congress, Jefferson Building, 10 First St., SE.

2:30 - 3:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Privacy Roundtable". The topic will be recent California privacy legislation. The speakers will be Aryeh Friedman (Dun & Bradstreet) and Joanne McNabb (California Office of the Attorney General). Prices vary. No CLE credits. No reporters. See, notice.

5:30 - 7:00 PM. The Institute for Policy Innovation (IPI) will host a reception in advance of its April 24 event titled "9th Annual World Intellectual Property Day Forum". The speaker will be Francis Gurry, Director General of the World Intellectual Property Organization (WIPO). Free. Open to the public. See, notice. Location: Room 121, Cannon Building.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding extension of the freeze of jurisdictional separations category relationships and cost allocation factors for three years, through June 30, 2017. The FCC adopted this FNPRM on March 26, 2014, and released it on March 27. It is FCC 14-27 in CC Docket No. 80-286. See, notice in the Federal Register, Vol. 79, No. 63, April 2, 2014, at Pages 18498-18503.

Deadline to submit requests to make presentations at President's Council of Advisors on Science and Technology's (PCAST) April 30 public conference call on the PCAST's big data and privacy report. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

Thursday, April 24

8:00 AM - 4:15 PM. Informatica Corporation will host an event titled "2014 Informatica Government Summit". At 8:35 AM Mark Weatherford (Chertoff Group) will give a speech titled "Competing Priorities? Cloud Computing, Big Data, and Cyber Security. At 3:15 PM there will be a panel titled "Government Panel Presentation: Data Management Best Practices". The speakers will include Ann DiCamillo (DHS NPPD Office of Cybersecurity and Communications). See, notice. Location: Greater Washington Society of Association Executives Suite, Ronald Reagan Building, 1300 Pennsylvania Ave., NW.

8:15 AM - 1:00 PM. The Federal Communications Bar Association (FCBA) and the American Bankruptcy Institute (ABI) will host an event titled "FCC Bankruptcy Mini Conference: The Intersection of the FCC and Bankruptcy Law". The price to attend is $125. CLE credits. See, notice. (The ABI is holding its annual meeting on April 24-27.) Location: JW Marriot, 1331 Pennsylvania Ave., NW.

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The April 24 session is closed the public, and its agenda is secret. No webcast. See, notice in the Federal Register, Vol. 79, No. 66, April 7, 2014, at Pages 19051-19052. Location: Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:00 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "9th Annual World Intellectual Property Day Forum". The speakers will include Geoffrey Manne (International Center for Law and Economics), Sandra Aistars (Copyright Alliance), Grant Aldonas (Center for Strategic & International Studies), Joe Damond (Biotech Industry Organization), Dana Colarulli (USPTO), and Stevan Mitchell (Globalview Strategies). Free. Open to the public. Lunch wil be served. See, notice. Location: Reserve Officers Association, One Constitution Ave., NE.

9:00 AM - 12:30 PM. The Brookings Institution (BI) will host an event titled "How China's Youth are Transforming Chinese Society: New Research Findings from the PRC". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

9:30 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONC/HIT) HIT Standards Committee will meet. See, notice in the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627-76628.

2:00 - 3:30 PM. The Heritage Foundation (HF) will host a panel discussion titled "Protecting American Interests in the South China Sea". The speakers will be Ely Ratner (Center for a New American Security), Steven Groves (HF), Dean Cheng (HF), Jonathan Odom (U.S. Navy), and Walter Lohman (HF). Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at nab dot org. Location: Co Co Sala, 929 F St., NW.

Friday, April 25

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

9:00 AM - 1:15 PM. The U.S. China Economic Security and Review Commission (USCESRC) will hold a hearing. This is one of a series of hearings to assist the USCESRC in preparing its 2014 report to the Congress. This hearing is titled "U.S.-China Clean Energy Cooperation: Status, Challenges, and Opportunities". See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21516-21517. Location: Room 608, Dirksen Building.

9:00 AM - 5:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 222, Inmarsat AMS(R)S, will meet. See, notice in the Federal Register, Vol. 79, No. 68, April 9, 2014, at Page 19706. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM - 3:00 PM. The Department of Health and Human Services (DHHS) will host an event titled "Meeting for Software Developers on the Common Formats for Patient Safety Data Collection and Event Reporting". See, original notice in the Federal Register (FR), Vol. 79, No. 15, January 23, 2014, at Pages 3815-3816, and update notice in the FR, Vol. 79, No. 67, April 8, 2014, at Pages 19335-19336. Location: Eisenberg Conference Center, DHHS Agency for Healthcare Research and Quality, 540 Gaither Road, Rockville, MD.

10:30 AM - 12:00 NOON. The Heritage Foundation (HF) will host a panel discussion titled "U.S.-Japan Cooperation in Southeast Asia". The speakers will be Shigeo Yamada (Embassy of Japan), Satu Limaye (East-West Center in Washington), Yuki Tatsumi (Stimson Center), and Walter Lohman (HF). Free. Open to the public. Webcast. See, notice. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON - 1:15 PM. The Internet Caucus will host a panel discussion titled "Revising The Electronic Communications Privacy Act (ECPA): Should Congress Require a Warrant?". The speakers will include James Dempsey ( Privacy and Civil Liberties Oversight Board, and Center for Democracy & Technology), Richard Downing (DOJ's Computer Crime and Intellectual Property Section), and Katie McAuliffe (Americans for Tax Reform). Box lunches will be served. Location: Room 2226, Rayburn Building.

1:00 - 2:00 PM. The National Telecommunications and Information Administration's (NTIA) First Responder Network Authority Finance Committee will hold an event titled "Special Meeting". The Committee will meet by teleconference. The call in number is 1-800-369-1868; the passcode is FirstNet. See, notice in the Federal Register, Vol. 79, No. 77, April 22, 2014, at Pages 22479-22480.

1:00 - 2:30 PM. The American Bar Association's (ABA) Section of Intellectual Property Law will host a webcast panel discussion titled "What's the Use? A Comparative View of Trademark Use Requirements". The speakers will be Sharra Brockman, Matthew Hintz (Servilla Whitney), Chrissie Scelsi (Scelsi Entertainment and New Media Law), David Postolski (Day Pitney), and Krystle Brown (RKO Pictures). Prices vary. CLE credits. See, notice.

Deadline to submit requests to speak at the U.S. Patent and Trademark Office's (USPTO) May 9, 2014 hearing on its memorandum titled "Guidance For Determining Subject Matter Eligibility of Claims Reciting or Involving Laws of Nature, Natural Phenomena, and Natural Products (Laws of Nature/Natural Products Guidance)'', released on March 4, 2014. See, notice in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Pages 21736-21738. See also, story titled "USPTO to Hold Hearing on Subject Matter Eligibility of Claims Reciting Laws of Nature" in TLJ Daily E-Mail Alert No. 2,640, April 16, 2014.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response to its Public Notice (PN) regarding the FCC's attributable material relationship rule. This PN is DA 14-414 in GN Docket Nos. 12-268 and 13-185 and WT Docket No. 05-211. The FCC released it on March 27, 2014. See also, notice in the Federal Register, Vol. 79, No. 71, April 14, 2014, at Pages 20854-20855.

Deadline to register to attend the Federal Communications Bar Association's (FCBA) event titled "Annual Seminar" at the Homestead Resort in Hot Springs, Virginia. See, registration form and agenda.

Saturday, April 26

World Intellectual Property Day. See, World Intellectual Property Organization's (WIPO) notice.

Monday, April 28

The House will meet the week of April 28-May 2. The House will meet at 2:00 PM. See, 2014 House calendar, and SConRes 35.

10:00 AM. The Supreme Court will hear oral argument in Nautilus v. Biosig Instruments, Sup. Ct. No. 13-369, an appeal from the U.S. Court of Appeals (FedCir) . The questions presented are "Does the Federal Circuit's acceptance of ambiguous patent claims with multiple reasonable interpretations -- so long as the ambiguity is not ``insoluble创 by a court -- defeat the statutory requirement of particular and distinct patent claiming?" and "Does the presumption of validity dilute the requirement of particular and distinct patent claiming?". See also, April 26, 2013, opinion of the Court of Appeals. Location: 1 First St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a panel discussion titled "Patent Reform Legislation". The speakers may include Alexandra Givens (Senior Counsel, Senate Judiciary Committee), Russ Merbeth (General Counsel, Intellectual Ventures), and Ken Salomon (Thompson Coburn). Free. Bring your own lunch. Location: Wilkinson Barker Knauer, Suite 700, 2300 N St., NW.

Deadline to submit comments to the General Services Administration (GSA) regarding "how to implement" the "recommendations" contained in the GSA and Department of Defense (DOD) document titled "Final Report of the Joint Working Group on Improving Cybersecurity and Resilience Through Acquisition". This document pertains to both cyber security in products and services procured by the federal government, and leverage of the federal government procurement process to regulate private sector cyber security practices. See, notice in the Federal Register, Vol. 79, No. 48, March 12, 2014, Page 14042.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to Part VI(A) of its Further Notice of Proposed Rulemaking (FNPRM) regarding closed captioning of video programming. Part VI(A) pertains to "Responsibilities for Meeting the Closed Captioning Obligations". The FCC adopted this FNPRM on February 20, 2014, and released it on February 24, 2014. It is FCC 14-12 in CG Docket No. 05-231. See, notice in the Federal Register, Vol. 79, No. 59, March 27, 2014, at Pages 17093-17106.

Deadline to submit written comments in advance of the President's Council of Advisors on Science and Technology's (PCAST) April 30 public conference call on the PCAST's big data and privacy report. Although, other written comments will be accepted through April 30. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) that requests comments to refresh the record regarding the ability of non-English speakers to access emergency information. This PN is DA 14-336 in EB Docket No. 04-296. The FCC released it on March 11, 2014. See also, notice in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages 17490-17493.

Tuesday, April 29

10:00 AM. The Supreme Court will hear oral argument in Riley v. California, Sup. Ct. No. 13-132, an appeal from the Court of Appeal of California in a case involving whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual's cell phone seized from the person at the time of arrest. See also, February 8, 2013, opinion of the lower court. Location: 1 First St., NW.

11:00 AM. The Supreme Court will hear oral argument in U.S. v. Wurie, Sup. Ct. No. 13-212, an appeal from the U.S. Court of Appeals (1stCir) in a case involving whether the Fourth Amendment permits the police, without obtaining a warrant, to review the call log of a cell phone found on a person who has been lawfully arrested. See also, May 17, 2013, opinion of the Court of Appeals. Location: 1 First St., NW.

12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will host a panel discussion regarding "what it means to be a legal advisor at the FCC". The speakers will be Daniel Alvarez and Renee Gregory (Legal Advisors to Chairman Tom Wheeler), Amy Bender (Commissioner Michael O'Rielly), David Goldman (Commissioner Jessica Rosenworcel), and Louis Peraertz (Commissioner Mignon Clyburn). Justin Faulb (National Association of Broadcasters) will moderate. For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at nab dot org. Bring your own lunch. Free. The FCBA states that this is an event of its Young Lawyers Committee. Location: FCC, 7 South, 445 12th St., SW.

12:15 - 2:00 PM. The DC Bar Association will host a panel discussion titled "Protection of Pre-1972 Sound Recordings: The Sirius/XM Lawsuits and Other Issues". The speakers will be Gary Greenstein (WSGR), Kenneth Kaufman (Manatt Phelps & Phillips), John Simson (American University), and Lita Rosario. Free. No CLE credits. No webcast. Bring your own lunch. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: SoundExchange, 10th floor, 733 10th St., NW.

1:00 - 5:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) will host one of its series of meetings regarding privacy and facial recognition technology. See, notice in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503. Location: American Institute of Architects, 1735 New York Ave., NW.

5:30 - 7:00 PM. The Brookings Institution (BI) will host a panel discussion titled "The Future of Longform Publishing". The speakers will be Sarah Sampsel (Washington Post, Director of Digital Strategy), Hannah Wallander (New York Times), John Dickerson (Slate), Chad Millman (ESPN The Magazine), and David Nassar (BI). See, notice. Location: BI, 1775 Massachusetts Ave., NW.

6:30 PM. The National Press Club (NPC) will host an event titled "Copyright and Social Media". The speaker will be Mickey Osterreicher, General Counsel of the National Press Photographers Association (NPPA). The NPC notice states this: "How can photographers protect the millions of images and recordings produced every day and posted on traditional websites and social media such as Facebook, Twitter, YouTube and Instagram?" Free. Tickets required. No webcast. Location: NPC, First Amendment Lounge, 13th Floor, 529 14th St., NW.

Wednesday, April 30

8:45 AM - 12:15 PM. The New America Foundation (NAF) will host an event titled "Hacking the University: Will Tech Fix Higher Education?". Free. Open to the public. Webcast. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "President Obama's 2014 Trade Policy Agenda". The witness will be Michael Froman (U.S. Trade Representative). See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The Supreme Court will hear oral argument in Limelight Networks v. Akamai Technologies, Sup. Ct. No. 12-786, an appeal from the U.S. Court of Appeals (FedCir) in a case involving whether a defendant may be held liable for inducing patent infringement under 35 U.S.C. 271(b) even though no one has committed direct infringement under 35 U.S.C. 271(a). See also, August 31, 2012 opinion of the Court of Appeals. Location: 1 First St., NW.

11:00 - 11:30 AM. The President's Council of Advisors on Science and Technology (PCAST) will hold a public conference call to discuss the PCAST's big data and privacy report. See, notice in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Bitcoin and other Virtual Currencies: Emerging Issues in Regulation and Enforcement". The speakers will be Brian Klein (Baker Marquart), Deborah Peden (Pillsbury Winthrop), Ronald Rowe (U.S. Secret Service), Luke Sully (PWC), and Nina Marino (Kaplan Marino). Prices vary. CLE credits. See, notice.

5:00 PM. Deadline to submit to the Department of Transportation (DOT) applications for prizes in its program titled "DOT Data Innovation Challenge". The DOT states that entries should be a "web-based tool, data visualization, mobile app, or other innovative use of technology to address systemic challenges by accessing publicly-available Federal and/or local DOT datasets". See, notice in the Federal Register, Vol. 79, No. 46, March 10, 2014, at Pages 13370-13373.

6:30 - 7:30 PM. The New America Foundation (NAF), Center for Media Justice (CMJ) and Consumers Union will host a panel discussion titled "InSecurity: Race, Surveillance and Privacy in the Digital Age". The speakers will be Seeta Pe馻 Gangadharan (NAF), Chris Calabrese (ACLU), Hamid Khan (Stop LAPD Spying), Grace Sheedy (United Food and Commercial Workers International Union), and Malkia Cyril (CMJ). Free. Open to the public. Webcast. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

EXTENDED TO NOVEMBER 17. Extended deadline to submit reply comments in response to Section IV.B of the Federal Communications Commission's (FCC) Further Notice of Proposed Rulemaking (FNPRM) regarding special access. Section IV.B pertains to "Possible Changes to Pricing Flexibility Rules after Proposed One-Time, Multi-Faceted Market Analysis". The FCC adopted this item on December 11, 2012, and released it on December 18, 2012. It is FCC 12-153 in WC Docket No. 05-25 and RM-10593. See, original notice in the Federal Register (FR), Vol. 78, No. 8 January 11, 2013, at Pages 2600-2614, setting deadlines. See also, July 2013 Public Notice extending deadlines. See, notice in FR, Vol. 79, No. 52, March 18, 2014, at Pages 15092-15093, and March 5, 2014 Public Notice (DA 14-302), further extending deadlines.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its third draft of SP 800-16 Rev. 1 [163 pages in PDF] titled "A Role-Based Model for Federal Information Technology / Cyber Security Training".