| Reps. Boucher and Doolittle
Introduce Digital Media Consumer Rights Act |
10/3. Rep. Rick
Boucher (D-VA) and Rep. John Doolittle
(R-CA) introduced the Digital
Media Consumers’ Rights Act of 2002. Rep. Boucher gave a
lengthy speech
at an event to announce the introduction of the bill. He
stated that the bill would "reaffirm and reinforce the
Fair Use doctrine in this digital era."
 Rep.
Boucher (at right) summed up the problem that the bill
addresses. He said that "The Fair Use doctrine is
threatened today as never before. Historically, the nation’s
copyright laws have reflected a carefully calibrated balance
between the rights of copyright owners and the rights of the
users of copyrighted material as reflected in the Fair Use
doctrine. The Digital Millennium Copyright Act of 1998 (DMCA)
dramatically tilted the copyright balance toward complete
copyright protection. The 1998 law enables the copyright owner
to enshroud his material with a technological protection
measure and then makes it a civil wrong and a potential
federal felony for anyone to circumvent the technical measure
for any purpose. Even people who have purchased and paid for
copyrighted material would be liable if they bypass the
technical protection for the purpose of making Fair Use of the
work they have lawfully acquired."
He continued that "The Digital Millennium Copyright Act
of 1998 places the force of law behind the technical barriers
put in place by copyright owners. We have no quarrel with a
law which prohibits circumvention of a technological
protection measure for the purpose of infringing the
copyright. We have a huge quarrel with the current law which
punishes circumvention to make Fair Use -- or any
non-infringing use -- of copyrighted material.
"Accordingly," said Rep. Boucher, "the bill we
are introducing today will amend Section 1201 of the DMCA to
provide that the only time the act of circumvention is
prohibited when the purpose of the circumvention is to
infringe the copyright in the work. Circumvention for Fair Use
purposes will no longer be penalized when our bill is enacted
into law."
 Rep. Boucher has long been active on IPR, tech
and telecom issues. Rep. Doolittle (at right), in contrast,
has not heretofore been a leader in these areas. He is a
conservative Republican who was first elected to Congress in
1990. He now sits on the Appropriations
Committee. His 4th District lies to the West of
Sacramento. While it includes much of the Sierra Nevada range,
including Yosemite National Park, it is also home to the
facilities and employees of some tech companies located in the
Sacramento area. Two of the leading employers in his district
are Hewlett Packard and Intel.
Intel sent a representative to the press conference to speak
in support of the bill. So, did Gateway. Sun Microsystems did not have a
representative speak. However, it wrote a letter expressing
its support.
The bill also enjoys support in the telecommunications
industry. Verizon
announced its support at the event.
The bill also has the support, as has long been the case, of
companies that make the devices that consumers can use to
store and play back digitally recorded music. Representatives
of both the Consumer Electronics
Association and Phillips Electronics spoke at the press
conference.
Finally, the bill is supported by traditional proponents of
broad fair use rights, including library groups, the Consumers
Union, and the newly formed group named Public Knowledge.
Rep. Boucher predicted that "we inevitably are going to
prevail", but he did not say when. Since the current
Congress is about to end, he stated that the bill will be
reintroduced in the next Congress.
Boucher said that the bill "borrows the Betamax standard,
and applies it to the provisions in the DMCA that apply to
circumvention devices. And that is really all it does. That is
an important change to make."
Rep. Boucher has advocated many changes to fair use under
copyright law in the last few years. See, for example, his speech
of March 6, 2001. This bill, however, does not address all of
his concerns.
For example, this bill does not deal with peer to peer
networks. Boucher stated that "this legislation is
designed to address circumvention devices, and really, is
drafted in such a way as is limited to circumvention devices.
And, peer to peer file sharing architectures are really not
circumvention devices."
However, he added that "I have my own views about the
value of peer to peer networks for non-infringing purposes.
And they are applicable to many non-infringing purposes, and I
think, a valuable addition to the Internet architecture. And,
I support the expansion of peer to peer networks, consistent
with sound copyright principles. But, that is a debate beyond
the scope of this bill."
Boucher predicted that record companies, movie companies and
book publishers "will oppose the passage of this
legislation." |
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| Summary of the Digital
Media Consumer Rights Act |
10/3. The Digital
Media Consumers’ Rights Act of 2002, introduced by Rep. Rick Boucher
(D-VA) and Rep. John
Doolittle (R-CA) on October 3, would do two things. First,
it would require that certain information be placed on
the labels of music discs, and that a violation would
constitute an unfair or deceptive trade practice within the
meaning of the Federal Trade Commission Act. Second, and more
importantly, the bill would roll back the anti- circumvention
provisions of the Digital Millennium Copyright Act (DMCA).
Specifically, it would create fair use exceptions to the bans
on circumvention of technological measures to protect
copyrighted works.
Anti Circumvention and Fair Use. The Boucher Doolittle
bill would make two changes to the DMCA's anti- circumvention
provisions. First, it would provide an exception for
scientific research into technological protection measures.
Second, the key language of the bill would create a fair use
exception to the DMCA's bans on circumvention.
Currently, § 1201(a)(1)(A) of the Copyright Act, which
was added in 1998 by the DMCA, provides that "No person
shall circumvent a technological measure that effectively
controls access to a work protected under this title."
Then, § 1201(a)(2)(A) provides that "No person
shall manufacture, import, offer to the public, provide, or
otherwise traffic in any technology, product, service, device,
component, or part thereof, that --- (A) is primarily designed
or produced for the purpose of circumventing a technological
measure that effectively controls access to a work protected
under this title;"
Furthermore, § 1201(b)(1)(A) provides that "No
person shall manufacture, import, offer to the public,
provide, or otherwise traffic in any technology, product,
service, device, component, or part thereof, that --- (A) is
primarily designed or produced for the purpose of
circumventing protection afforded by a technological measure
that effectively protects a right of a copyright owner under
this title in a work or a portion thereof;"
The Boucher Doolittle bill would add to both of these sections
an exception for scientific research. Specifically, the bill
provides that "Subsections (a)(2)(A) and (b)(1)(A) ...
are each amended by inserting after ‘‘title’’ in
subsection (a)(2)(A) and after ‘‘thereof’’ in
subsection (b)(1)(A) the following: ‘‘unless the person is
acting solely in furtherance of scientific research into
technological protection measures’’."
Perhaps, this could be called the Professor Edward
Felton exception.
Then, there is the critical part of the bill. Currently,
§ (c)(1) provides that "Nothing in this section
shall affect rights, remedies, limitations, or defenses to
copyright infringement, including fair use, under this
title."
The Boucher Doolittle bill would to this sentence the
following phrase: "and it is not a violation of this
section to circumvent a technological measure in connection
with access to, or the use of, a work if such circumvention
does not result in an infringement of the copyright in the
work".
Also, the bill would add to § (c) the following new
subparagraph: "(5) It shall not be a violation of this
title to manufacture, distribute, or make noninfringing use of
a hardware or software product capable of enabling significant
noninfringing use of a copyrighted work."
Neither of these two additions to § 1201(c) uses the
term "fair use"; and neither references § 107,
which codifies the fair use doctrine. However, the title of
the subsection of the bill that contains these two additions
is "FAIR USE RESTORATION".
Labeling and Unfair Trade Practices. The bill also
imposes certain labeling requirements for digital music discs.
It provides that "The introduction into commerce, sale,
offering for sale, or advertising for sale of a prerecorded
digital music disc product which is mislabeled or falsely or
deceptively advertised or invoiced, within the meaning of this
section or any rules or regulations prescribed by the
Commission pursuant to subsection (d), is unlawful and shall
be deemed an unfair method of competition and an unfair and
deceptive act or practice ..."
Next, the bill provides that "Prior to the time a
prerecorded digital music disc product is sold and delivered
to the ultimate consumer, it shall be unlawful to remove or
mutilate, or cause or participate in the removal or mutilation
of, any label required by this section or any rules or
regulations prescribed by the" FTC.
And hence, the bill also gives the FTC authority to engage in
rule making proceedings to promulgate rules that would, among
other things, "require the proper labeling of prerecorded
digital music disc products".
Moreover, the bill gives the FTC civil enforcement authority.
However, the reach of this part of the bill is limited to
music discs. It would not apply to e-books and movie DVDs. |
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| More News |
10/3. The General Accounting
Office (GAO) released a report [51
pages in PDF] titled "Critical Infrastructure Protection:
Commercial Satellite Security Should Be More Fully
Addressed". The GAO reported that "Although federal
agencies rely on commercial satellites, federal customers do
not dominate the commercial satellite market, accounting for
only about 10 percent of it. As a result, federal customers
generally have not influenced security techniques used for
commercial satellites. Federal agencies do reduce their risk
by securing those system components under their control -- the
data links and communications ground stations -- but most
components are typically the responsibility of the satellite
service provider: the satellite; the telemetry, tracking, and
control links; and the satellite control ground stations"
and "by relying on redundant or backup capabilities, such
as additional satellite services."
10/3. The The General Accounting
Office (GAO) released a report [100
pages in PDF] titled "World Trade Organization: Analysis
of China's Commitments to Other Members". The report is
an analysis of PR China's World
Trade Organization (WTO) accession agreement, 800 pages of
legal documents that set forth China obligations to other WTO
members, and how China will adhere to the WTO's underlying
agreements, principles, rules, and specific procedures. The
report was prepared for Sen.
Max Baucus (D-MT) and Rep. Bill Thomas
(R-CA), the Chairmen of the Senate Finance Committee and the
House Ways and Means Committee.
10/3. The U.S. Patent and
Trademark Office (USPTO) announced that its now offers the
complete collection of over 6.5 Million U.S. patents on DVD-ROM
discs. See, release. |
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| Charles James to Leave
Antitrust Division |
10/3. Charles
James, Assistant Attorney General in charge of the
Department of Justice's (DOJ) Antitrust Division, will
leave the DOJ to become Vice President and General Counsel of
Chevron Texaco Corporation. He has only been head of the
Antitrust Division for just over one year. See, DOJ
release.
During his short tenure, he settled the DOJ's antitrust case
against Microsoft, without seeking a breakup. He has also
sought improved coordination with the Federal Trade Commission (FTC),
and foreign competition authorities.
FTC Chairman Timothy Muris stated in a release
that "Thanks to his leadership, cooperation between the
Department of Justice and the FTC has never been better." |
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| Fed Vice Chairman Addresses
Post 9/11 Continuity in Data Storage and Communications |
10/3. Roger
Ferguson, Vice Chairman of the Federal Reserve Board,
gave a speech
titled "Business Continuity after September 11". He
spoke at the SWIFT Sibos World Forum in Geneva, Switzerland.
He addressed disaster recovery and business continuity in
financial institutions, financial markets, and operations
centers, including data storage and communications issues.
 Ferguson (at right) said that "To
help prevent and contain the effects of a regional event,
financial utilities and critical firms should regionally
diversify their back offices and operational sites that
support clearing and settlement for critical markets. In
particular, primary operations and backup operations need to
be significantly more diverse in order to meet the greater
regional risks. The old model of having primary and backup
operations centers in close proximity so that they can be
served by a common labor pool does not address the possibility
of a significant threat to an entire region and labor
pool."
He also spoke about the challenges in addressing the risks of
regional disruptions. He said that one of these challenges
involves technology. He stated that "Some key
technologies for data storage and communication do not
accommodate regional diversification as readily as we all
would like. The challenge here will be to modify existing
arrangements, solve technological problems, and find new ways
to facilitate diversification. I am sure that the firms
attending Sibos are very aware of these issues, and I trust
that the market for these technologies will see a flow of very
creative solutions over the coming months."
Finally, he mentioned telecommunications. He said that
"We have known for some time that our progress in
automating the financial markets has made us highly dependent
on telecommunications. In our own discussions within the
Federal Reserve and our discussions with others, the issue of
telecommunications circuit diversity is very important. I
encourage firms to take this issue seriously and to discuss it
with individual telecommunications providers, industry groups,
and appropriate government officials." |
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| FCC Announces Agenda for
October 10 Meeting |
10/3. The Federal
Communications Commission (FCC) announced the agenda for
its Thursday, October 10 meeting.
The agenda includes four items. First, the FCC will consider a
NPRM concerning the reform of the International Settlements
Policy, its international simple resale and benchmarks policy,
and the issue of foreign mobile termination rates. This is IB
Docket No. 96-261. Second, the FCC will consider a First
Report and Order regarding digital operation by terrestrial
radio broadcasters. This is MM Docket No. 99-325. Third, the
FCC will consider a Forfeiture Order concerning compliance
with the shared transport condition of the SBC Ameritech
merger order. Finally, the FCC's Enforcement Bureau will
report on recent enforcement activities.
The meeting will be open to the public. It will be held in the
Commission Meeting Room (TW-C305), 445 12th Street, SW, at
9:30 AM. |
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| Bills Introduced |
10/2. Sen. Tim Johnson
(D-SD) and Sen. Tom Carper
(D-DE) introduced S 3034, a bill to facilitate check
truncation by authorizing substitute checks, to foster
innovation in the check collection system without mandating
receipt of checks in electronic form, and to improve the
overall efficiency of the nation's payments system. It was
referred to the Senate Banking Committee. Sen. Johnson stated
that this bill "improves America's check payments system
by allowing banks to exchange checks electronically. Current
law requires banks to physically present and return original
checks, a tedious, antiquated and expensive process. This
legislation will also reduce infrastructure costs for banks,
allowing for more flexibility and greater cost savings for the
consumer."
10/2. Sen. Tim
Hutchinson (R-AR) introduced S 3035, the Eliminating
Profiteering through Illegal Cigarette Sales (EPICS) Act, a
bill to prohibit the sale of tobacco products through the
Internet or other indirect means to underage individuals, and
facilitate the collection of taxes on cigarette. It was
referred to the Senate
Judiciary Committee. He stated that "The EPICS Act
prohibits online sales of cigarettes to minors. It also
ensures that minors are not able to purchase cigarettes online
using a false identification by enacting strict identification
verification requirements. In order to assist states
enforcement of age requirements and collection of taxes, this
bill will dramatically strengthen the Jenkins Act. This law
requires anyone who ships or sells tobacco products over state
lines other than to licensed dealers to report those sales to
the state tax administrator. When this is done, states can
ensure that sales are not being made to minors and that due
taxes have been collected." |
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| People and Appointments |
10/2. The Senate approved the nomination of James Gardner to
be a Judge of the U.S. District Court (EDPenn).
10/2. The Senate approved the nomination of Ronald Clark to be
a Judge of the U.S. District Court (EDTex).
10/2. The Senate approved the nomination of Lawrence Block to
be a Judge of the U.S. Court of Federal Claims for a term of
fifteen years. |
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| Commentary: Commerce Versus
Judiciary Committee Jurisdiction |
10/3. Rep. Rick
Boucher's (D-VA) and Rep. John Doolittle's
(R-CA) bill, the Digital
Media Consumers’ Rights Act of 2002, fundamentally deals
with intellectual property rights, which ordinarily falls
within the jurisdiction of the House Judiciary
Committee. The bill's most significant provision would
create a fair use exception to the anti- circumvention
provisions of the DMCA, which is part of the Copyright Act.
However, they have carefully drafted their bill in a manner
that gives primary jurisdiction over the bill to the House Commerce
Committee.
The bill is nine pages long. It is not until the bottom of
page 8 that the amendments to the anti- circumvention
provision are stated. The previous pages deal with amendments
to the Federal Trade Commission Act (FTCA) regarding music
disc labeling, unfair trade practices under the FTCA, Federal
Trade Commission (FTC) rule making proceedings, and reports by
the FTC. The FTC and the FTCA fall within the jurisdiction of
the Commerce Committee.
By drafting so much of the bill as amendments to the FTCA,
Rep. Boucher and Rep. Doolittle seek to put this bill within
the primary jurisdiction of the Commerce Committee.
Rep. Boucher spoke about jurisdiction at a press conference to
announce the introduction of the bill. He stated that
"the committee to which this bill is referred is the
Committee on Commerce. We are standing in a Commerce Committee
hearing room today. This is the Committee that will have
primary jurisdiction of this bill." He added that
"the Judiciary Committee will have a sequential referral
of this measure when it is reported from the House Committee
on Commerce. And, the Judiciary Committee, in anticipation of
that sequential referral, could have hearings on this measure
at any time."
He further explained that "we have written the bill in
such a way as to invoke Commerce Committee jurisdiction".
There are significant strategic reasons for writing this bill
to place it within the primary jurisdiction of the Commerce
Committee. The two Committees are quite different in outlook.
And, legislative procedures, including assignments of
jurisdiction, can affect legislative outcomes. In this case,
the bill is more likely to receive favorable action from the
Commerce Committee than from the Judiciary Committee.
The differences between the two Committees are based on their
different missions and different constituencies.
In the minds of many Judiciary Committee members, and
especially its Courts, Internet and Intellectual Property (CIIP)
subcommittee members, America leads the world economically and
culturally because it has the most innovative and creative
people and businesses. One of the main reasons Americans
invent and create so prolifically is because they are rewarded
for creative efforts by legal protections created by
legislation written by the CIIP subcommittee. To CIIP members,
its is a Constitutional mission handed down to them by the
Founding Fathers. Article I, Section 8, of the Constitution
provides that "Congress shall have Power ... To promote
the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to
their respective Writings and Discoveries".
CIIP members tend to see it as their mission, that as new
technologies and industries evolve, and as new methods for
infringement appear, they must adjust the law so that the
creators of intellectual property have well defined quasi
property rights, and the legal recourse to adequately protect
those rights. This means passing new laws, and creating new
legal causes of action.
Moreover, this view tends to be reinforced by their regular
interaction with an intellectual property creating
constituency. It consists primarily of creators and owners of
intellectual property, businesses and groups which serve the
intellectual property community, the U.S. Patent and Trademark Office
(USPTO), and the unions which represent USPTO workers.
There is wide consensus within this constituency that strong
intellectual property laws are a good thing. These are all
people who depend on the protection of intellectual property,
or at least observe the catastrophic effects when intellectual
property protections are lacking.
In contrast, the members of the Commerce Committee
tend to see things altogether differently. They are just a
patriotic, just as committed to promoting prosperity, and just
as convinced that they too have a Constitutional mission.
Their mission derives from Article I, Section 8, of the
Constitution, which provides that "Congress shall have
Power ... To regulate Commerce with foreign Nations, and among
the several States ..." But, they tend to have a vastly
different take on intellectual property matters.
Many of the problems that the Commerce Committee deals with on
a regular basis involve monopolies and bottlenecks in the
economy, burdensome regulation by government bureaucracies,
and the consequences of frivolous and expensive class action
lawsuits. The members tend to see their mission as promoting
free enterprise, and the marketplace. They tend to see
monopolies, bottlenecks, bureaucracies and litigation as drags
on economic efficiency. They tend to pursue their mission, not
by creating new laws, and new rights, but by ending
monopolies, repealing laws, and restricting lawsuits.
Many members of the Commerce Committee view intellectual
property in this light. They tend to view it as creating
monopolies and bottlenecks. They tend to view the Copyright
Act, and the Byzantine rules promulgated by the Copyright
Office, as impenetrable bureaucratic regulation. Finally, the
method by which intellectual property is enforced --
litigation -- is antithetical to many Commerce Committee
members.
Moreover, the companies and groups that the Commerce
Committee, and particularly its Telecom and Internet
Subcommmittee, deal with on a regular basis tend to be
consumers, rather than producers, of intellectual property.
Telecom and Internet companies do not like paying for
broadcast content, or for access databases. They do not like
being subpoenaed by content companies for the alleged
infringing conduct of their customers. And, they do not want
to have to police the conduct of their customers to protect
the intellectual property rights of others.
Hence, it is only natural for the Commerce Committee members
to want to leave intellectual property protection to the
marketplace, rather to create statutory rights and causes of
action.
Rep. Boucher is an oddity in the House. He sits on both the
Judiciary Committee and the Commerce Committee. Hence, he is
acutely aware of the differences between the two Committees,
and the consequences of jurisdictional decisions. By writing a
bill designed to place primary jurisdiction with the Commerce
Committee, Rep. Boucher seeks to have his bill reviewed and
molded by the Committee that is far more sympathetic to the
principles underlying his bill. |
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| Friday, October 4 |
The House will meet at 9:00 AM for legislative business. The
agenda includes several non tech related matters. See, Whip
Notice.
9:30 AM. The U.S.
District Court (DDC) will hear oral argument in Recording
Industry Association of America v. Verizon Internet Services,
a subpoena enforcement proceeding involving application of the
Digital Millennium Copyright Act. This is D.C. No.
1:02MS00323; Judge John Bates will preside. See, TLJ
story titled "Verizon and Privacy Groups Oppose RIAA
Subpoena", August 30, 2002.
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in Southern
Company Services, Inc. v. FCC, No. 01-1326. This is a
petition for review of a final order of the FCC regarding 47 U.S.C.
§ 224 (Section 703 of the 1996 Act) and rates, terms and
conditions of access for attachments by cable operators and
telecommunications carriers to utility poles, ducts, conduits
and rights of way. See, FCC order [78 pages in PDF in three
parts: 1
| 2
| 3]
titled "Consolidated Partial Order on
Reconsideration", released on May 25, 2001. This in the
proceedings titled "In the Matter of the Commission's
Rules and Policies Concerning Pole Attachments" (CS
Docket No. 97-98), and "In the Matter of the
Implementation of Section 703(e) of the Telecommunications Act
of 1996" (CS Docket No. 97-151). Judges Edwards, Rogers
and Garland will preside. Location: 333 Constitution Ave., NW.
9:30 - 10:45 AM. Paul Gallant (Chair of the FCC's Media
Ownership Working Group) will participate on a panel titled,
"Media Ownership and the Public Interest: The Role of the
FCC" at a Consumer
Federation of America's conference on energy and
communications regulation. Location: Radisson Barcelo Hotel.
12:15 PM. The FCBA's
Wireless Committee will host a luncheon titled "Wireless
Industry Consolidation: Is It Needed? Will It Happen?"
The scheduled speakers are Chris Murphy (Consumers Union), Rudy
Baca (Precursor Group),
and Lauren Patrich (FCC Commercial Wireless Division). The
price to attend is $15. RSVP to wendy @fcba.org.
Registrations and cancellations due by 5:00 PM on October 1.
Location: Sidley Austin, 1501
K Street, NW, Conference Room 6E. |
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| Monday, October 7 |
The Supreme Court will return from its recess, which it
began on June 28, 2002.
9:30 - 11:00 AM. The Markle
Foundation will hold a panel discussion, and will release
a report, titled "Protecting America's Freedom in the
Information Age". The scheduled speakers are Zoe
Baird (Markle Co-Chair), James Barksdale (Markle Co-Chairs),
Gov. Michael Leavitt (R-UT), Philip Zelikow (Miller Center for
Public Affairs), William Crowell (former Deputy Director
of the National Security Agency),
Esther Dyson (EDVenture
Holdings), Jerry Berman (Center
for Democracy and Technology), and Frank Sesno (former CNN
Washington Bureau Chief). Press contact: Kristine Gager at 202
326-1747 or Kristine.Gager
@edelman.com. Location: National
Press Club, 13th Floor, Holeman Lounge, 529 14th Street,
NW.
12:00 NOON. The FCBA's
Engineering and Technical Practice Committee will hold a brown
bag lunch to discuss committee planning and priorities for the
rest of the year. Location: Paul Hastings, 1299 Pennsylvania
Ave., NW, 10th floor.
2:00 PM. The Senate
Judiciary Committee will hold a hearing to examine pending
judicial nominations. Location: Room 226, Dirksen Building.
2:00 - 4:00 PM. The FCC will hold
an en banc hearing on "the current state of the
telecommunications sector and to discuss steps needed to
restore its financial health". See, notice
[PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445
12th St., SW.
Extended deadline for the U.S.
International Trade Commission (USITC) to complete its
investigation titled "Certain Integrated Circuits,
Processes for Making Same, and Products Containing Same".
This is the USITC's Investigation No. 337-TA-450. See, notice
in the Federal Register. |
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| Tuesday, October 8 |
The Supreme
Court will hear oral argument in FCC v. Nextwave, Case No.
01-653, and Arctic Slope Corp. v. Nextwave, Case No. 01-657.
Day one of a three day public workshop hosted by the FTC
to "explore how certain state regulations and private
business practices may be having significantly anticompetitive
effects on e-commerce". See, FTC release.
Location: FTC, 600 Pennsylvania Ave., NW.
10:00 AM. The Senate
Judiciary Committee will hold a business meeting. See, notice.
Press contact: Blythe McCormick at 202 224-9437. Location:
Room 226, Dirksen Building.
10:00 AM. The Copyright
Office (CO) will hold a status conference regarding data
format and delivery for record keeping requirements to be
established by the CO for the Section 112
and 114
statutory licenses. See, notice
[PDF].
12:15 PM. The FCBA's
Professional Responsibility Committee will hold a brown bag
lunch to discuss the scheduling of committee events and
activities for the upcoming year. For More Information: Frank
Montero. No RSVP is required. Location: Arnold &
Porter, 555 12th Street, NW.
12:30 PM. Tom Donahue, P/CEO of the U.S. Chamber of Commerce,
will give a luncheon address. Location: National Press Club,
Ballroom, 529 14th St. NW, 13th Floor. |
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| Wednesday, October 9 |
The Supreme
Court will hear oral argument in Eldred v. Ashcroft, Case
No. 01-618.
Day one of a two day symposium titled "The Rule of Law in
the Information Age: Reconciling Private Rights and Public
Interest" hosted by the Catholic University of America
School of Law. See, schedule.
Location: CUA, Walter Slowinski Court Room.
10:00 AM. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection will hold a hearing titled "Telecommunications
and Trade Promotion Authority: Meaningful Market Access Goals
for Telecommunications Services in International Trade
Agreements". Web cast. See, notice.
Location: Room 2322, Rayburn Building.
10:00 AM. The U.S. Court of
Appeals (FedCir) will hear oral argument in Northrop
Grumman v. Intel, No. 02-1024. Location: Courtroom 402,
717 Madison Place, NW.
Day two of a three day public workshop hosted by the Federal Trade Commission (FTC)
to "explore how certain state regulations and private
business practices may be having significantly anticompetitive
effects on e-commerce". See, FTC release.
Location: FTC, 600 Pennsylvania Ave., NW.
TIME? The Federal Accounting Standards Advisory Board (FASAB)
will meet to "obtain information from interested
individuals, organizations, and groups about potential future
projects". See, notice
in Federal Register.
Deadline to submit comments to the FCC regarding SBC's Section 271 application
with the FCC to provide in region interLATA service in the
state of California. This is WC Docket No. 02-306. See, FCC
notice [PDF]. |
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| Thursday, October 10 |
9:30 AM. The FCC will hold a
meeting. The agenda includes four items. First, the FCC will
consider a NPRM concerning the reform of the International
Settlements Policy, its international simple resale and
benchmarks policy, and the issue of foreign mobile termination
rates. (IB Docket No. 96-261). Second, the FCC will consider a
First Report and Order regarding digital operation by
terrestrial radio broadcasters. (MM Docket No. 99-325). Third,
the FCC will a Forefeiture Order concerning compliance with
the shared transport condition of the SBC Ameritech merger
order. Finally, the FCC's Enforcement Bureau will report on
recent enforcement activities. Location: FCC, 445 12th Street,
SW, Room TW-C05 (Commission Meeting Room).
12:00 PM. The Cato Institute
will host a book forum. Jagdish Bhagwati (Columbia University)
will discuss his book, Free
Trade Today, and a collection which he edited, Going
Alone: The Case for Relaxed Reciprocity in Freeing Trade.
Robert Litan (Brookings) will comment. Webcast. Lunch will
follow the program. See, notice.
Location: Cato, 1000 Massachusetts Ave., NW.
Day two of a two day symposium titled "The Rule of Law in
the Information Age: Reconciling Private Rights and Public
Interest" hosted by the Catholic University of America
School of Law. See, schedule.
Location: CUA, Walter Slowinski Court Room.
Day three of a three day public workshop hosted by the FTC
to "explore how certain state regulations and private
business practices may be having significantly anticompetitive
effects on e-commerce". See, FTC release.
Location: FTC, 600 Pennsylvania Ave., NW.
Day one of a two day Annual Update Conference on Export
Controls and Policy hosted by the Department of Commerce's
Bureau of Industry and
Security (BIS). See, agenda.
Location: to be announced.
Deadline to submit comments to the FCC regarding BellSouth's Section 271
application with the FCC to provide in region interLATA
service in the states of Florida and Tennessee. This is WC
Docket No. 02-307. See, FCC
notice [PDF]. |
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