6/1. The Federal Communications Commission (FCC) released a Public Notice (PN) that requests more comments in its rulemaking proceeding regarding shared use of the 5.9 GHz band. At stake is the future use of this band for Wi-Fi and car safety technology.

See, FCC's Notice of Proposed Rulemaking (NPRM). The FCC adopted and released this NPRM on February 20, 2013. It is FCC 03-324 in ET Docket No. 13-49.

The just released PN asks commenters to "update and refresh the record on the status of potential sharing solutions between proposed Unlicensed National Information Infrastructure (U-NII) devices and Dedicated Short Range Communications (DSRC) operations in the 5.850-5.925 GHz (U-NII-4) band".

That is, the FCC wants more comments on shared use of this band for U-NII (which would mainly mean Wi-Fi) and DSRC (which is the Department of Transportation's (DOT) vehicle to vehicle and vehicle to infrastructure communications plan).

Vehicle to vehicle communications means keeping cars from crashing into each other, and other safety related functions. DSRC also enables connectivity for passengers' wireless devices, automatic parking and toll payments, and other things.

The 5.9 GHz band is currently allocated on a primary basis to the Mobile and Fixed Satellite Services for non-Federal operations, and to the Radiolocation Service for Federal operations. This band is also allocated on a secondary basis to the Amateur Service. The non-Federal Mobile Service operating on a primary basis in this band is limited DSRC systems of the Intelligent Transportation System (ITS) radio service. See also, DOT web page titled "Dedicated Short Range Communications". (Radiolocation Service means radar, primarily for the military, but also for NASA, NOAA, and the Department of Energy.)

The DOT's National Highway Traffic Safety Administration (NHTSA) also has an open rulemaking proceeding in which it proposes to mandate a DSRC vehicle to vehicle communication standard in the 5.9 GHz. See, notice in the Federal Register, Vol. 79, No. 161, August 20, 2014, at Pages 49270-49278.

The FCC seeks comments on, among other things, the two competing spectrum sharing technologies for this band produced by Qualcomm and Cisco.

This FCC proceeding is about who gets to use this spectrum, and on what terms. Many internet companies and electronic device makers, and their trade and advocacy groups, seek more spectrum for unlicensed uses, such as Wi-Fi for smart phones and tablets. Car companies, along with their allies in state governments and first responders, want the FCC to stay the course on ITS. The ITS proponents express concerns about interference from unlicensed use.

The FCC, as a sectoral regulator, is more responsive to its constituent groups, than to the industry sectors that it does not regulate. The DOT and its HHTSA are more responsive to their constitute groups.

Commissioner Ajit Pai wrote in a statement about this PN, "I have been calling on the FCC to open up more of the 5 GHz band for unlicensed use. That’s because this spectrum is tailor-made for the next generation of high-speed, wireless broadband. Making available more spectrum in the band will mean more robust and ubiquitous wireless coverage for consumers, more manageable networks for providers". He said nothing about automobile safety or manageable road networks.

Similarly, Commissioners Mike O'Riely and Jessica Rosenworcel wrote in a joint statement that unlicensed use in the 5.9 GHz band "could mean increased capacity, reduced congestion, and higher speeds". Also, unlicensed use for W-Fi "is possible without causing harmful interference to incumbent licensees", the ITS DSRC systems.

To a point, this is a car versus tech issue. However, this issue does not entirely pit tech companies against car companies. First, the sectors are becoming less distinct. Tech companies such as Google are becoming car companies. Car companies are increasingly incorporating information and communications technologies (ICT). Also, ICT companies are involved in developing ITS.

Intelsat, Panasonic, Savari, and SES Americom joined in a letter to President Obama and the FCC. A large collection of car companies and groups, ITS groups, state Departments of Transportation, first responder groups, and technology companies involved in ITS, sent a letter on May 4, 2016 urging the President to "stay the course".

They wrote that "Changing the DSRC rules and ecosystem at this late stage would be an enormous setback for highway safety and delay the deployment of DSRC, thereby significantly limiting the potential of this technology to reduce injuries and fatalities on our roads."

They responded to groups such as the National Cable & Telecommunications Association (NCTA) which advocate unlicensed use of the band.

The NCTA stated in a release on June 1 that "The FCC took a significant step forward today toward making sharing on the 5.9 GHz band a reality. Not only does the FCC ask the right questions about how to test both the Qualcomm and Cisco sharing proposals, but it also asks how to distinguish crash-avoidance from non-safety DSRC applications. NCTA is committed to finding a sharing solution that works and today’s FCC action points the country in the right direction."

Also, the NCTA released a 61 page report on May 2 titled "The Economic Costs and Benefits of a Federal Mandate that All Light Vehicles Employ 5.9 GHz DSRC Technology".

Harold Feld of the Public Knowledge (PK), another proponent of Wi-Fi use of the band, wrote in a release that "For the last four years, the auto industry -- with the help of the Department of Transportation -- has fought to keep the brakes on addressing our Wi-Fi spectrum crisis. Finally, the FCC has jumpstarted this proceeding and demanded that the auto industry and DoT stop stalling and submit their claims about life and safety to an open, scientific testing process they cannot bias or suppress."

Feld also wrote that "installation of DSRC technology in cars would make consumers less safe. In particular, because car makers plan to use this ``life and safety´´ spectrum for mobile payments and other for-profit uses, DSRC will create new opportunities for cyberhackers and identity thieves."

This PN is DA 16-68 in ET Docket No. 13-49. Initial comments will be due within 30 days of publication of a notice in the Federal Register. Reply comments will be due within 45 days of such publication. As of the June 2, 2016 issue of the FR, such notice had not yet been published.

This PN does announce that the deadline to submit testing equipment is July 30, 2016. The PN also states that the FCC will complete testing by January 15, 2017.

Congress. Representatives and Senators are also involved this issue.

Section 6406 of the 2012 spectrum act imposed some requirements upon the National Telecommunications and Information Administration (NTIA) and the FCC regarding making additional spectrum available for unlicensed technologies in the 5 GHz band. The spectrum act is Title VI of HR 3630 [LOC | WW], the "Middle Class Tax Relief and Job Creation Act of 2012", enacted in the 112th Congress.

(The NTIA released a study titled "Evaluation of the 5350-5470 MHz and 5850-5925 MHz Bands Pursuant to Section 6406(b) of the Middle Class Tax Relief and Job Creation Act" of 2012 on January 25, 2013.)

Also, bills have been introduced in both the 113th (previous) and 114th (current) Congresses that would direct the FCC allow the 5.9 GHz band to be used for unlicensed operations.

See, the "Wi-Fi Innovation Act", which would direct the FCC to write rules "to provide additional unlicensed spectrum in the 5850-5925 MHz band under technical rules suitable for the widespread commercial development of unlicensed operations in the band". For the 114th Congress, see HR 821 [LOC | WW] and S 424 [LOC | WW].

For the 113th Congress, see HR 5125 [LOC | WW] and S 2505 [LOC | WW], also titled the "Wi-Fi Innovation Act". See also, story titled "Representatives Introduce Bill to Push FCC on Wi-Fi Use in 5.9 GHz Band" in TLJ Daily E-Mail Alert No. 2,677, July 21, 2014.

Sen. John Thune (R-SD), Sen. Cory Booker (D-NJ), and Sen. Marco Rubio (R-FL) sent a letter to Secretary of Transportation Anthony Foxx, Secretary of Commerce Penny Pritzker, and FCC Chairman Tom Wheeler on September 9, 2015.

5/16. Michael Powell, head of the National Cable & Telecommunications Association (NCTA), gave a speech in Boston, Massachusetts at the INTX conference.

Powell, who was a minority FCC Commissioner during the Clinton administration, and FCC Chairman during the Bush administration, said that "We find ourselves the target of a relentless regulatory assault."

"The FCC's governing mantra has been ``competition, competition, competition.´´ From where we sit, that incantation has come to mean one thing, ``regulation, regulation, regulation.´´ The policy blows we are weathering are not modest regulatory corrections. They have been thundering, tectonic shifts that have crumbled decades of settled law and policy."

He continued that "What has been so distressing is that much of this regulatory ordinance has been launched without provocation. We increasingly are saddled with heavy rules without any compelling evidence of harm to consumers or competitors."

"Other times we find our property being confiscated and passed off to new competitors to give them a leg up, despite healthy and robust markets. This is the case with the current proposal to unbundle valuable content and hand it to companies who do not have to pay for it, respect the intellectual property rights of it or abide by the same regulatory requirements to protect consumers."

Powell added that "as we learned recently with the latest proposal to completely throw out decades of policies on business services, even when we are the new competitive entrants, we are marked for rate regulation."

"What I believe is most troublesome is an emerging government view that the communications market is bifurcated and should be regulated differently. Internet companies are nurtured and allowed to roam free, but network providers are disparagingly labeled ``gatekeepers´´ that should be shackled."

He asserted that "we are resilient and will find a way to weather these changes. Rather, I believe this jaundiced view will prove detrimental to America’s ambitions in the Information Age. Networks must continue to innovate, experiment and thrive in order to fuel the Internet growth we all want to see. It is a mistake to view network providers as an impediment to that growth, rather than a valued ingredient of it."

Much of the regulatory assault of which Powell complains rests on scant statutory authority, and limited support from the Congress. It has been inflicted on the NCTA's members over the objections of the majority party in the Congress, and the Republican FCC Commissioners.

Policies and agency rules that are enacted without broad support are the most vulnerable to repeal as election outcomes change the makeup of the Commission, Congress and administration. Hence, much of this assault could recede after the Presidential elections in November, or in four years.

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The House will not meet.

The Senate will not meet.

Supreme Court conference day. See, October Term 2015 calendar.

10:05 AM - 5:15 PM. The Department of Homeland Security's (DHS) Homeland Security Advisory Council will hold a partially closed meeting. The open portion of the meeting is from 1:50 to 4:25 PM. The agenda for the open session is receiving reports and recommendations from the Cybersecurity Subcommittee and the Countering Violent Extremism Subcommittee. See, notice in the Federal Register, Vol. 81, No. 93, May 13, 2016, at Pages 29881-29882. Location: Woodrow Wilson International Center for Scholars, 1300 Pennsylvania Ave., NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Legal and Policy Introduction to the Internet of Things". CLE credits. No webcast. See, notice. Location: Cooley, Suite 700, 1299 Pennsylvania Ave., NW. (Enter from 12th and E Streets.)

2:00 - 3:00 PM. The NextGov, Government Business Council, Dell and Intel will host an event titled "FITARA: Insights into the Implementation". FITARA is an acronym for the "Federal Information Technology Acquisition Reform Act". It was HR 1232 [LOC | WW] in the 113th Congress. It was enacted as part of the NDAA FY 2015. See, notice. Location: Watergate 600, 600 New Hampshire Ave., NW.

3:00 - 4:30 TIME. The American Bar Association (ABA) will host a webcast panel discussion titled "New Cloud Security Standards Released for the Legal Industry". Prices vary. CLE credits. See, notice.

Deadline to submit to the Federal Communications Commission (FCC) oppositions to petitions for reconsideration of the FCC's Report & Order regarding the collection of broadcast ownership data. The FCC adopted this item on January 8, 2016, and released it on January 20, 2016. It is FCC 16-1 in MB Docket No. 07-294, MB Docket No. 10-103, and MD Docket No. 10-234. See, notice in the Federal Register Vol. 81, No. 96, May 18, 2016, at Page 31223.

5:00 PM. Extended deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) regarding the "technological and policy landscape for the Internet of Things". See, original notice in the Federal Register (FR), Vol. 81, No. 66, April 6, 2016, at Pages 19956-19960, and extension notice in the FR, Vol. 81, No. 91, May 11, 2016, at Page 29254.

The House will meet at 4:30 PM in pro forma session only.

The Senate will meet at 1:00 PM in pro forma session only.

The House will not meet.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Apple v. Samsung, App. Ct. No. 15-1857. Panel B. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ClassCo v. Apple, App. Ct. No. 15-1853. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review. Panel A. This case is the second of three on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

4:00 - 4:30 PM. The President's Council of Advisors on Science and Technology (PCAST) will meet by teleconference. See, notice in the Federal Register, Vol. 81, No. 99, May 23, 2016, at Page 32319.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding changes to its Telephone Consumer Protection Act (TCPA) rules. The FCC adopted this item on May 4, 2016, and released it on May 6, 2016. It is FCC 16-57 in CG Docket No. 02-278. See, notice in the Federal Register Vol. 81, No. 98, May 20, 2016, at Pages 31889-31895.

Deadline to submit written comments to the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC) in advance of its meeting on June 21-22, 2016. See, notice in the Federal Register, Vol. 81, No. 104, May 31, 2016, at Page 34368.

The House will return from its Memorial Day recess.

Five states will hold presidential primary elections: California, Montana, New Jersey, New Mexico, and South Dakota.

8:30 AM - 5:30 PM. Day one of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes discussion of the "NIST's role in the Administration's National Strategic Computing Initiative". See, notice in the Federal Register, Vol. 81, No. 100, May 24, 2016, at Page 32733. Location: Portrait Room, Administration Building, at NIST, 100 Bureau Drive, Gaithersburg, MD.

9:00 AM - 5:00 PM. Day one of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 231, Terrain Awareness Warning Systems. See, notice in the Federal Register, Vol. 81, No. 94, May 16, 2016, at Pages 30413-30414. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Unwired Planet v. Google, App. Ct. Nos. 15-1810 and 15-1812. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review. Panel E. These cases are first on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in GPNE v. Apple, App. Ct. No. 15-1825. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case involving data communications and the iPhone and iPad. Panel F. This case is the first of three on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

11:00 AM - 12:30 PM. The Cato Institute will host a discussion of the book titled "The Age of Em: Work, Love, and Life when Robots Rule the Earth". The speakers will be the author, Robin Hanson (George Mason University), Ronald Bailey (Reason Magazine), and Jason Kuznicki (Cato). Free. Open to the public. Webcast. Lunch will be served after the program. See, notice. Location: Cato, 1000 Massachusetts Ave., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Cloud Computing Contracts 101: Seven Key Clauses & Seven Common Mistakes". Prices vary. CLE credits. See, notice.

EXTENDED TO JULY 8. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA). The FCC adopted and released this item on January 29, 2016. It is FCC 16-5 in PS Docket Nos. 15-94 and 15-91. See, original notice in the Federal Register, Vol. 81, No. 57, March 24, 2016, at Pages 15791-15833. See also extension notice in the Federal Register, Vol. 81, No. 93, May 13, 2016, at Pages 29828-29829.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Regulatory Reform, Commercial and Antitrust Law will hold a hearing titled "International Antitrust Enforcement: China and Beyond". The witnesses will be Maureen Ohlhausen (FTC Commissioner), Mark Cohen (USPTO Senior Counsel), Sean Heather (US Chamber of Commerce), and Thomas Horton (University of South Dakota School of Law). Webcast. See, notice. Location: Room 2141, Rayburn Building.

9:00 AM - 12:15 PM. The Brookings Institution (BI) will host an event titled "Taiwan’s 2016 election and prospects for the Tsai administration". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

9:00 AM - 5:00 PM. Day two of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 231, Terrain Awareness Warning Systems. See, notice in the Federal Register, Vol. 81, No. 94, May 16, 2016, at Pages 30413-30414. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IPCOM v. HTC, App. Ct. No. 15-1754. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review. Panel I. This case is the fourth of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The Department of Commerce's (DOC) International Trade Administration's (ITA) President's Export Council (PEC) will meet by teleconference. This meeting will focus on Cuba. The deadline to submit comments is 5:00 PM on June 6. The deadline to submit requests to participate or listen is 5:00 PM on June 6. See, notice in the Federal Register, Vol. 81, No. 93, May 13, 2016, at Pages 29842-29843.

10:30 AM - 12:30 PM. Day two of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes discussion of the "NIST's role in the Administration's National Strategic Computing Initiative". See, notice in the Federal Register, Vol. 81, No. 100, May 24, 2016, at Page 32733. Location: Portrait Room, Administration Building, at NIST, 100 Bureau Drive, Gaithersburg, MD.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Committee will host an event titled "Hot Topics". The speakers will be staff of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology: David Redl, David Goldman, Kelsey Guyselman, and Jerry Leverich. No CLE credits. No webcast. Free. Bring your own lunch. See, notice. The FCBA has a history of barring reporters from events at which Congressional staff speak. Location: Mayer Brown, 1999 K St., NW.

8 12:15 - 1:30 PM. The DC Bar Association will host its monthly media law meeting. Free. Bring your own lunch. No CLE credits. No webcast. For more information, call 202-626-3463. The DC Bar has a history of barring reporters and news coverage. See, notice. Location: Davis Wright Tremaine, 1919 Pennsylvania Ave., NW.

1:00 - 4:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee (CSMAC) will meet. See, notice in the Federal Register. Vol. 81, No. 98, May 20, 2016, at Pages 31915-31916. Location: Wilkinson Barker Knauer, Suite 800N, 1800 M St., NW.

6:00 - 7:30 PM. The New America Foundation (NAF) will host a panel discussion titled "It’s So Hard to Get Good Digital Help These Days!". The program will focus on the technology involved in Siri, Alexa, Jibo, Cortana, and other personal assistant software. See, notice. Location: NAF, Suite 900, 740 15th St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding its Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA). The FCC adopted and released this item on January 29, 2016. It is FCC 16-5 in PS Docket Nos. 15-94 and 15-91. See, original notice in the Federal Register, Vol. 81, No. 57, March 24, 2016, at Pages 15791-15833, and extension notice in the Federal Register, Vol. 81, No. 93, May 13, 2016, at Pages 29828-29829.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Summer Kick Off and Welcome Interns Happy Hour". No CLE credits. No webcast. See, notice. Location: Iron Horse Tap Room, 507 7th St., NW.

Supreme Court conference day. See, October Term 2015 calendar.

8:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC) will meet. The agenda includes "Advanced Materials-Graphene Center-China". Graphene has potential applications in semiconductors, transistors, wearable devices, and other information technology. The agenda also includes "EAR-4E001.e", a BIS Export Control Classification Number (ECCN). See, notice in the Federal Register, Vol. 81, No. 101, May 25, 2016, at Pages 33208-33209. Location: Room 3884, DOC Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW.

9:00 AM - 4:00 PM. The Department of Homeland Security (DHS) will host an event titled "Public Workshop Regarding the Cybersecurity Information Sharing Act of 2015 Implementation". See, notice in the Federal Register, Vol. 81, No. 99, May 23, 2016, at Pages 32340-32341. Location: Navy League of the United States, 2300 Wilson Boulevard, #200, Arlington, VA.

9:00 AM - 5:00 PM. Day three of a four day meeting of the Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 231, Terrain Awareness Warning Systems. See, notice in the Federal Register, Vol. 81, No. 94, May 16, 2016, at Pages 30413-30414. Location: RTCA, Suite 910, 1150 18th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will likely hold an executive business meeting. The agenda will likely include mark up of S 356 [LOC | WW], the "Electronic Communications Privacy Act Amendments Act of 2015". Webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Synopsys v. Mentor Graphics, App. Ct. No. 15-1599, and Mentor Graphics v. EVE-USA, App. Ct. No. 15-1470. Panel J. These cases are first on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Semcon Tech v. Micron Technology, App. Ct. No. 15-1936. Panel K. This case is the fourth of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in LG Electronics v. Toshiba Samsung Storage, App. Ct. Nos. 15-1822 and 15-1822. This is an appeal from the U.S. Patent and Trademark Office's (USPTO) Patent and Trial Appeal Board (PTAB) in an inter partes review. Panel L. These cases are first on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

12:30 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, Vol. 81, No. 72, April 14, 2016, at Pages 22081-22082. Location: FCC, Commission Meeting Room, 445 12th St., SW.