| House Telecom Subcommittee
Holds Hearing on 3G Spectrum |
7/24. The House
Commerce Committee's Telecommunications and Internet
Subcommittee held a hearing titled "U.S. Deployment of
Third Generation Wireless Services: When Will It Happen and
Where Will It Happen?" 3G is intended to bring broadband
wireless Internet access and other communications services to
mobile devices, including laptops, cell phones and PDAs.
Locating spectrum for 3G systems is proving difficult for the
agencies responsible for spectrum management -- the FCC and
NTIA. Congress may soon seek a legislative solution.
The U.S. does not have very much unused spectrum to allot for
3G systems. Hence, spectrum currently allotted to the private
sector or government entities for other purposes will have to
be reallocated or shared. Incumbent users are steadfastly
opposed to reallocation or sharing of spectrum that they
currently use. Efforts by the Clinton administration, the FCC
and NTIA have produced meetings, reports and studies, but
little progress.
To date, three spectrum bands have been identified for
possible use for 3G systems: 698 to 960 MHz, 1710 to 1885 MHz,
and 2500 to 2690 MHz. Part of the 1710 to 1885 MHz band is
currently being used by federal agencies, especially by the
Department of Defense. The National Telecommunications and
Information Administration (NTIA), which is a part of the
Department of Commerce, has responsibilities regarding
spectrum management for spectrum used by government entities.
This includes the 1755 to 1850 MHz band. The FCC has spectrum
management responsibilities for spectrum used by the private
sector. This includes the 2500 to 2690 MHz band, which is
currently being used for MMDS, MDS, and ITFS.
Monsignor Michael Dempsey, of the Catholic Television Network,
which a major ITFS licensee of spectrum from the FCC,
testified that the spectrum being used by the Catholic church
for educational and other purposes is "not a viable
choice" for reallocation for 3G systems, and Congress
should "take it off the table." No member of the
subcommittee debated this point with the Monsignor. Similarly,
Linton Wells, of the Defense Department, testified that
spectrum used by the Defense Department could not be
reallocated without jeopardizing national security.
See, prepared testimony of witnesses: Michael
Dempsey (Catholic Television Network), Linton
Wells (Department of Defense), William
Hatch (Commerce Dept.), Julius
Knapp (FCC Office of Engineering and Tech.), Denny
Strigl (Verizon Wireless), and Thomas
Wheeler (CTIA).
Rep. Chip Pickering
(R-MS) stated that he would likely introduce legislation to
establish a process for reallocating spectrum for 3G services.
He suggested that proceeds from the auction of spectrum
currently being used by the military should go back to the
military to fund the relocation process. However, Rep. Ed Markey (D-MA)
stated that auction proceeds should be used for education,
teacher training, and closing "the digital divide." Rep. Fred Upton (R-MI),
the subcommittee Chairman, stated that he expected Rep.
Pickering to introduce his bill after the August recess, and
the subcommittee to hold a legislative hearing this fall.
Members of the subcommittee also used the hearing to discuss
other spectrum issues. Rep. Karen McCarthy
(D-MO) and Rep. Bobby
Rush (D-IL) pressured witnesses to move more rapidly on
deploying emergency 911 capabilities, including caller
location. Rep.
Clifford Stearns (R-FL) and others advocated lifting the
current spectrum ownership caps.
Rep. Upton presided throughout the hearing. See, opening
statement. Rep. Billy Tauzin (R-LA), the Chairman of the
full committee, was not present, but submitted a statement
for the record. 21 of the subcommittee's members participated
in at least part of the hearing. |
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| Reps. Shimkus and Markey
Seek a .kids Domain |
7/24. Rep. John
Shimkus (R-IL) and Rep.
Ed Markey (D-MA) held a press conference to promote HR
2417, the Dot Kids Domain Name Act of 2001, which they
introduced on June 28. The bill would require the National Telecommunications
and Information Administration (NTIA), which is a part of
the U.S. Department of Commerce, to exercise its authority
under its Memorandum of Understanding with the ICANN
to work with ICANN to create a child friendly top level domain
(TLD).
Rep. Shimkus stated in a release that "I introduced this
bill to bring about the long talked about idea of creating
safe haven for children on the World Wide Web where positive
content is promoted. The Internet Corporation for Assigned
Names and Numbers (ICANN) had the perfect opportunity to do
create a safe zone for children in the last round of Top Level
Domain Names (TLDs) selection, but failed to do so. Since
ICANN has shown no interest in helping to achieve this goal,
Congress must act."
Rep. Markey stated that "Rather than trying to send
problematic material for children into a specific area, such
as 'dot adult' ... the cyberspace zoning equivalent of an
online 'red light district,' this legislation creates an
Internet playground, a top level domain that is kids friendly
from the start." See, Markey
statement.
The bill provides that "... the Secretary of Commerce,
acting through the National Telecommunications and Information
Administration, shall (1) pursuant to the authority under
section II.B. of the Memorandum of Understanding Between the
U.S. Department of Commerce and the Internet Corporation for
Assigned Names and Numbers, ... jointly with ICANN, develop a
plan ... for ICANN to establish the new domain ..." The
bill continues that "The new domain shall be established
as a top-level, International domain having a domain name
appropriate for its purpose" and "shall be available
for voluntary use as a location only of material that is
considered suitable for minors and shall not be available for
use as a location of any material that is harmful to
minors." |
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| House Judiciary Committee
Approves USPTO Authorization Bill |
7/24. The House
Judiciary Committee amended and reported HR
2047, the Patent and Trademark Office Authorization Act of
2002. The bill provides that "There are authorized to be
appropriated to the United States Patent and Trademark Office
for salaries and necessary expenses for fiscal year 2002 an
amount equal to the fees collected in fiscal year 2002
..." The committee adopted two minor technical
amendments, and the bill as amended, without debate, by
unanimous voice votes.
The USPTO is funded
entirely out of fees collected from users. However, for
several years the appropriations committees have been
diverting some of these fees to subsidize other government
programs. This practice is opposed by intellectual property
owners, high tech companies, and members of the House
Subcommittee on Courts, the Internet, and Intellectual
Property. This authorization bill does not provide for
diversion of user fees. |
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| Senate Judiciary Committee
to Hold Hearings on Microsoft |
7/24. Sen. Patrick Leahy
(D-VT), Chairman of the Senate Judiciary
Committee, announced that his committee will hold hearings
"beginning in September, on competition and innovation
involving advanced computer and Internet technologies, to
ensure the broadest possible consumer choices." The
hearings will examine "network effects, licensing issues,
exclusive contracting, convergence, access to digital content
and other topics." See, Leahy
release.
Sen. Leahy's release continued that the hearings will examine
"instant messaging, digital photography, voice
recognition, audio and video programming and editing, Web
services, calendar management, navigation devices, data
storage, Internet auctions, financial services, security,
consumer privacy, and integration of new features".
The release also states that the hearings will address
Internet related antitrust issues, including "portals to
the Internet, high-speed Internet access, server markets,
database and online technology in operating systems,
networking effects, and access to services and
consumers."
The Senate Judiciary Committee has jurisdiction over antitrust
issues. Former Chairman Orrin
Hatch (R-UT) also held a hearing on Microsoft on July 23,
1998. See, links to
testimony. |
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| Sen. Schumer Pressures
Microsoft and DOJ on Windows XP |
7/24. Sen. Charles
Schumer (D-NY), who is also a member of the Senate Judiciary
Committee, wrote a letter
to Microsoft CEO Steve Ballmer regarding Windows XP and
antitrust issues. He stated that he has defended Microsoft in
the past, but that Microsoft is now loosing his support,
because features of the soon to be released Windows XP
operating system will harm two New York companies, Kodak and
AOL Time Warner.
Kodak digital imaging software. He elaborated that
"Windows XP throws up roadblocks for customers seeking to
use Kodak's digital
imaging software. All customers, even those who specifically
install the Kodak software application, are presented with the
Microsoft application, 'Scanner & Camera Wizard,' meaning
additional steps are necessary for those consumers to access
the Kodak software." Kodak is based in Rochester, New
York. Sen. Schumer also wrote that "it would seem that
Windows XP's license for digital photography may violate the
D.C. Circuit Court's ruling, as Microsoft is preventing PC
manufacturers from removing or replacing 'Scanner & Camera
Wizard' with a competitor's application."
AOL Time Warner. Sen. Schumer also wrote than AOL Time
Warner will be harmed by Microsoft's plans to bundle Windows
Media Player 8.0 with Windows XP. He explained that
"Windows XP will prevent PC manufacturers from removing
or replacing the Windows Media Player with competitive
alternatives, in seeming violation of the D.C. Circuit Court's
recent ruling. In doing so, Windows XP is poised to extinguish
Real Player or any other alternative music player in the same
manner as it did Netscape."
Sen. Schumer concluded that "It appears to me that
Microsoft intends to maximize its monopolistic power, using XP
as a platform to enter new lines of business while encumbering
competitors. It also appears that Windows XP will limit the
ability of PC manufacturers to offer consumers a choice of
products and services. In my opinion, Microsoft should be held
to the same standard as other natural monopolies, like the
cable industry -- Microsoft's operating system should be a
gateway to the Internet, not a gatekeeper. Without open
access, the fundamental principles of a free market are
violated, innovation is stifled, and consumer welfare is
harmed." He asked Microsoft to make changes to its
Windows XP. If not, "regulators should closely scrutinize
the antitrust implications of the release of Windows XP and
should consider enjoining its release" and "the
Senate Judiciary Committee should hold public hearings".
Sen. Schumer also wrote a letter
to Charles James, Assistant Attorney General for the Antitrust Division,
urging him to expand his "ongoing settlement negotiations
with Microsoft to include negotiations over Windows XP". |
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| House Holds Hearing on
Internet Gambling Bills |
7/24. The House
Financial Services Committee's Financial Institutions
Subcommittee held a hearing on HR
556, the Unlawful Internet Gambling Funding Prohibition
Act, and other bills pertaining to Internet gambling. See, opening
statement [PDF] of Rep.
Michael Oxley (R-OH), Chairman of the full committee, and opening
statement [PDF] of Rep.
Spencer Bachus (R-AL), Chairman of the subcommittee. See
also, prepared statements in PDF of witnesses: Michael
Farmer (Wachovia Bank Card Services), Bob
Frederick (NCAA), Mark
VanNorman (National Indian Gaming Association), Edwin
McGuinn (E-Lottery), and Timothy
Kelly (National Gambling Impact Study Commission).
HR 556, which is sponsored by Rep. Jim Leach (R-IA),
and HR
2579, the Internet Gambling Payments Prohibition Act,
which is sponsored by Rep.
John LaFalce (D-NY), both attempt to stop illegal gambling
over the Internet by prohibiting the use of certain financial
instruments, including credit extended via a credit card,
electronic fund transfers, and checks. The House Finance
Committee has jurisdiction over these instruments.
In addition, Rep. Jon Kyl
(R-AZ) and Rep. Bob
Goodlatte (R-VA) sponsored bills in the 105th and 106th
Congresses that would ban some Internet gambling activities,
and rely upon criminal prosecutions and actions by interactive
computer service providers for enforcement. See, S
692 (106th) and HR
3125 (106th). Neither Kyl nor Goodlatte have reintroduced
legislation in the current (107th) Congress. However, Rep.
Goodlatte has stated that he may introduce a bill next week.
The Judiciary Committees have jurisdiction over crime bills.
Both Kyl and Goodlatte are members of these committees. |
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| House Holds Hearing on
Counterfeit Currency |
| 7/24. The House
Financial Services Committee's Domestic and Monetary
Policy, Technology and Economic Growth Subcommittee held
a hearing on the security and design of currency. Daniel Snow
of the Counterfeit Division of the U.S. Secret Service
stated in his prepared
testimony [PDF] that "With reprographic equipment,
computers, and computer software continuing to become more
sophisticated and affordable, counterfeiters have been able to
increase both the volume and the quality of their product. ...
In response to this growing problem, the Secret Service is
pursuing legislative changes to counterfeiting statutes that
clearly define the fraudulent use of digital images as a
violation of law." See also, prepared
statement [PDF] of Rep.
Mike Oxley (R-OH), Chairman of the full committee. |
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| Wednesday, July 25 |
9:00 AM. The American
Enterprise Institute (AEI) will host a panel discussion
titled "The Law and Economics of Anticompetitive Behavior
by Public Enterprises." The scheduled speakers are Dennis
Logue (University of Oklahoma), John Lott (Yale University),
Gregory Sidak (AEI), and Peter Wallison (AEI); the moderator
will be Rick Geddes (Fordham University). See, online registration
page. Location: AEI, 1150 17th Street, NW, Washington DC.
9:00 AM. The Department of Commerce's Bureau of Export Administration's
Information Systems Technical Advisory Committee (ISTAC) will
hold the first session of a two day meeting. Part of the
meeting is open to the public, and part is closed. See, notice
in Federal Register, June 29, 2001, Vol. 66, No. 126, at Page
34613. Location: Herbert Hoover Building, Room 3884, 14th
Street between Pennsylvania Avenue and Constitution Avenue,
NW., Washington DC.
9:30 AM. The Senate
Appropriations Committee's Labor, Health and Human
Services, and Education Subcommittee will hold a hearing to
examine education technology issues. Location: Room
106, Dirksen Building.
9:30 AM. The Trade and Environment Policy Advisory Committee
will hold a meeting on from 9:30 AM to 12:30 PM. The meeting
will be closed to the public from 9:30 AM to 12:00 NOON. For
more information, contact Heather Wingate (Office of the USTR)
at 202-395-6120. See, notice
in Federal Register. Location: USTR ANNEX Building in
Conference Rooms 1 and 2, located at 1724 F Street, NW,
Washington DC.
2:00 PM. The Senate
Judiciary Committee's Technology, Terrorism, and
Government Information Subcommittee will hold an oversight
hearing on the FBI's National
Infrastructure Protection Center and fighting cybercrime.
Sen. Dianne Feinstein (D-CA) will preside. Location: Room 226,
Dirksen Building. |
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| Thursday, July 26 |
8:30 - 10:00 AM. Press breakfast on telecommunications
issues with former FCC Commissioner Harold Furchtgott-Roth.
RSVP to Veronique Rodman, Director of Public Affairs, AEI at
202-862-4871 or vrodman@aei.org.
9:00 AM. The Department of Commerce's Bureau of Export Administration's
Information Systems Technical Advisory Committee (ISTAC) will
hold the second session of a two day meeting. Part of the
meeting is open to the public, and part is closed. See, notice
in Federal Register, June 29, 2001, Vol. 66, No. 126, at Page
34613. Location: Herbert Hoover Building, Room 3884, 14th
Street between Pennsylvania Avenue and Constitution Avenue,
NW., Washington DC.
9:30 AM. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection will hold a hearing titled "How Do
Businesses Use Customer Information: Is the Customer’s
Privacy Protected?" Location: Room 2322, Rayburn
Building.
9:30 AM - 2:00 PM. The Federalist
Society will host a conference titled Broadband Policy
for an Internet Age. The price to attend is $30. There is
no charge for students and Capitol Hill staff. See, online
registration page. Location: The National Press Club, 529
14th Street, NW, Washington DC.
• The first panel discussion is titled "What
Path to Broadband Paradise?" The panelists will be David
Baker (EarthLink), Robert Crandall (Brookings), James Glassman
(American Enterprise Institute), Thomas Hazlett (American
Enterprise Institute), Janusz Ordover (New York University),
and John Frantz (Verizon).
• The second panel is titled "Are Narrowband
Regulators Ready for a Broadband World?" The panelists
will be Kenneth Ferree, (FCC Cable Services Bureau), Raymond
Gifford (Colorado Public Utilities Commission), Randolph May
(Progress & Freedom Foundation), Howard Waltzman (House
Commerce Committee), and David Lawson (Sidley & Austin).
• There will be a lunch. The speaker will be
Alfred Kahn (Cornell University). The title of his address
will be "Knowing When To Let Go: The FCC and
Broadband."
2:30 PM. The Senate
Banking Committee will hold a hearing on several pending
nominations, including that of Michael Garcia to be
Assistant Secretary for Export Enforcement at the Department
of Commerce. Location: Room 538, Dirksen Building. |
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| More News |
7/24. The Office of Science and Technology Policy (OSTP) and
the National Security Council (NSC) published a notice
of proposed rule making in the Federal Register regarding
removing their regulation on Emergency Restoration Priority
Procedures for Telecommunications Services. Comments are due
by August 20, 2001. See, July 24, 2001, Vol. 66, No. 142, at
Pages 38411 - 38412.
7/24. The U.S.
Court of Appeals (FedCir) issued its opinion in In
Re Roemer, a patent interference case
involving to U.S. Patent No. 4,737,716, which pertains to
nuclear magnetic resonance imaging. The Court of Appeals
reversed in part, vacated in part, and remanded. |
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| New Documents |
Schumer:
letter
to Steve Ballmer re Windows XP, 7/24 (HTML, TLJ).
Schumer:
letter
to AAG Charles James re Microsoft, 7/24 (HTML, TLJ). |
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