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April 22, 2003, 9:00 AM ET, Alert No. 646.
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DOJ Files Brief in Support of RIAA in Verizon Subpoena Matter

4/18. The Department of Justice (DOJ) filed a brief with the U.S. District Court (DC) in RIAA v. Verizon in which it responds to certain issues raised by Verizon, and questions propounded by the Court, regarding the constitutionality of the § 512(h) subpoena provisions of the Digital Millennium Copyright Act (DMCA).

The DOJ argues that the statute does not violate either the Article III based justiciability requirements of the Constitution, or the First Amendment's free speech clause. The DOJ argues that Verizon's motion to quash should be denied.

Statute. 17 U.S.C. § 512 provides internet service providers (ISPs) a safe harbor from liability for infringement based on the activities of their users. There are four specific limitations on liability. § 512(a) pertains to "transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections". § 512(b) pertains to "the intermediate and temporary storage of material on a system or network". § 512(c) pertains to "material that resides on a system or network controlled or operated by or for the service provider". And, § 512(d) pertains to "referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link".

Subsection 512(h) then provides, in part, that "A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection." The statute then provides that the requester should also provide a copy of the 512(c)(3) notice, a proposed subpoena, and a sworn declaration. However, the statute does not expressly limit the availability of 512(h) subpoenas to 512(c) situations.

Subsection 512(h)(5) then provides, in part, that "Upon receipt of the issued subpoena, ... the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification."

This subpoena procedure requires no notice to, or opportunity to be heard by, the alleged infringer.

RIAA Verizon Dispute. The Recording Industry Association of America (RIAA) alleges that a Verizon user has used Verizon's network to download copyrighted songs with peer to peer file copying software provided by Kazaa.

The RIAA possesses only Internet Protocol (IP) number information on infringers. Verizon possesses information that would associate subscriber information with IP number information. That is, obtaining Verizon's information would enable the RIAA, or its members, to file complaints alleging infringement against the individual infringers.

The RIAA obtained a subpoena pursuant to § 512(h), and served it upon Verizon. Verizon refused to comply. It argued that the § 512(h) subpoena power applies only if the infringed material is stored or controlled on the service provider's system or network under 512(c). Verizon moved to quash the subpoena. The RIAA brought this action to enforce its subpoenas. See also, TLJ story titled "Verizon and Privacy Groups Oppose RIAA Subpoena", August 30, 2002.

Previous District Court Ruling. The District Court rejected this construction of the statute in its opinion of January 21, 2003. It held that copyright holders can obtain subpoenas pursuant to 17 U.S.C. § 512(h) that require Internet Service Providers (ISPs) to reveal the identities of their customers who infringe copyrights on peer to peer filing sharing systems.

See also, TLJ story titled "District Court Rules DMCA Subpoenas Available for P2P Infringers", January 21, 2003.

DOJ Brief. The issues addressed by the DOJ's current brief are whether Article III authorizes federal courts to issue binding judicial process outside a pending case or controversy, and whether § 512(h) of the DMCA violates the First Amendment because it does not provide adequate procedures for the protection of the expressive and associational interests of Internet users and because it is substantially overbroad in its potential applications.

The DOJ brief, which was written by Theodore Hirt and John Zacharia, states that "nothing in Article III of the Constitution precludes Congress from authorizing the clerk of a federal ``Article III´´ court from issuing a subpoena unless a case is actually ``pending´´ in an Article III court. In fact, Congress has repeatedly exercised its authority to direct federal district court clerks to issue subpoenas on behalf of private parties involved in controversies before non-Article III tribunals, such as private parties litigating a patent interference claim before the Patent and Trademark Office." The brief also states that the Congress has previously authorized pre-litigation discovery under the Federal Rules of Civil Procedure.

Also, the DOJ brief argues that a § 512(h) subpoena "does not violate Article III because it expressly relates to a cognizable Article III controversy (a potential copyright infringement action), over which federal courts have exclusive jurisdiction." (Parentheses in original.) Moreover, "it relates to the Article III controversy between a copyright holder and an Internet service provider (``ISP´´) over the copyright holder's statutory right to certain information."

The DOJ brief also rejects Verizon's First Amendment arguments on the basis that nothing in § 512(h) proscribes speech or other expression. It argues that "Here, it is manifest that the DMCA's subpoena provision targets the identity of alleged copyright infringers, not spoken words or conduct commonly associated with expression."

Reaction. Matthew Oppenheim, SVP for Business and Legal Affairs at the RIAA, stated in a release that "The government's filing today supports the proposition that we have long advocated -- copyright owners' have a clear and unambiguous entitlement to determine who is infringing their copyrights online, and that entitlement passes Constitutional muster. Verizon's persistent efforts to protect copyright thieves on pirate peer-to-peer networks will not succeed."

EPIC Asserts Amazon Product Reviews Violate COPPA

4/22. The Electronic Privacy Information Center (EPIC), and other groups, submitted a complaint to the Federal Trade Commission (FTC) alleging that Amazon has violated the Children's Online Privacy Protection Act (COPPA). The COPPA, which is codified at 15 U.S.C. § 6501 through § 6506, assigns authority to promulgate regulations, and enforcement authority, to the FTC. The COPPA, and FTC rules, bar the operators of web sites that are targeted at children from collecting personally identifiable information from children under 13 without parental consent.

The complaint asserts that Amazon is targeted at children. The information collected by Amazon that the complaint alleges violates the statute is online product reviews that are authored by children.

The complaint requests that the FTC conduct an investigation, and order Amazon to delete information, destroy records, and comply with the COPPA.

The EPIC and others will hold a press teleconference at 11:00 AM on Tuesday, April 22, to announce and discuss this complaint. See, calendar.

E-Government Act Goes Into Effect

4/17. The Office of Management and Budget (OMB) announced the launch of the Office of Electronic Government, which was created by the "E-Government Act of 2002," which became effective on April 17. It is Public Law 107-347. It was enacted by the Congress in 2002 as HR 2458 (107th), and signed by the President on December 17, 2002.

The E-Government Act is intended to create a comprehensive framework for security and privacy, and expand the use of the Internet to deliver services. Mark Forman is the Administrator of E-Government and Information Technology at OMB. See also, OMB release [1 pages in PDF], and the Bush administration's E-Government Strategy [41 pages in PDF].

Rep. Adam Putnam (R-FL), Chairman the House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census, issued a release in which he praised the OMB, and stated that " Improving the efficiency, productivity and effectiveness of government through the utilization of technology is one of my top priorities as Chairman of the Subcommittee ... We will continue to conduct oversight hearings on key e-Government initiatives in order to identify challenges and impediments to successful implementation of this project in an effort to effect prompt resolution".

Supreme Court News

4/21. The Supreme Court granted, without opinion, a petition for writ of certiorari in DeKalb Genetics v. Bayer CropScience, No. 02-130. The Court wrote, "The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Federal Circuit for further consideration in light of State Farm v. Campbell, 538 U.S. ___ (2003)." The Court also granted certiorari, vacated, and remanded in four other cases in light of State Farm v. Campbell. See, Order List [17 pages in PDF] at page 1. On April 7, 2003, the Supreme Court issued its opinion [35 pages in PDF] in State Farm v. Campbell, holding that an award of $145 Million in punitive damages, based on an award of $1 Million in compensatory damages, is excessive and violates the due process and equal protection clauses. In DeKalb Genetics v. Bayer CropScience, a patent and fraud case, the jury awarded $65 Million in damages, $50 Million of which were punitive damages.

4/21. The Supreme Court denied certiorari, without opinion, in Time Warner Entertainment v. Six Flags Over Georgia, No. 02-978. See, Order List [17 pages in PDF] at page 5. This lets stand an award of $197.3 Million in compensatory damages and $257 Million in punitive damages against TWE in this breach of fiduciary duty case. See also, Time Warner Entertainment v. Six Flags Over Georgia, 245 Ga. App.334, 537 S.E.2d 397 (2000).

4/21. The Supreme Court denied certiorari, without opinion, in CECG v. Magic Software Enterprises, No. 02-1219. See, Order List [17 pages in PDF] at page 5. This case involves a contract dispute regarding the sale and licensing of a computer software program. See, October 8, 2002 opinion [14 pages in PDF] of the U.S. Court of Appeals (3rdCir).

People and Appointments

4/21. Howard Schmidt announced that he will resign from his position as cyber security advisor to the Bush administration. The Information Technology Association of America (ITAA) took the occasion to praise Schmidt's work, and to urge the President to appoint a "cyber czar". See, ITAA release.

Nuala Kelly

4/16. Nuala Kelly was named Privacy Officer at the Department of Homeland Security (DHS). She is currently Chief Counsel for Technology at the Department of Commerce's (DOC) Technology Administration. She previously worked at Double Click as the VP for Data Protection and Chief Privacy Officer. She has also worked at the law firms of Sidley Austin and Hudson Cook. See also, statement by Secretary of Commerce Don Evans. Section 222 of the Homeland Security Act, which was enacted by the Congress last year as HR 5005 (107th), creates the position of Privacy Officer, and its responsibilities. It states that the responsibilities include "(1) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; (2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974; (3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government; (4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected; and (5) preparing a report to Congress ..."

4/17. Intel announced the retirement of Leslie Vadasz, effective June 1. He is currently EVP of Intel and President of Intel Capital. Intel named John Miner, an Intel VP, President of Intel Capital. See, Intel release.

4/17. President Bush announced his intent to appoint Charles Kruse, Steven McCormick, Kevin Rollins, and Robert Wright to be Members of the Advisory Committee for Trade Policy and Negotiations (ACTPN) for two year terms. See, White House release. Rollins is P/COO of Dell Computers. McCormick is P/CEO of the Nature Conservancy. Kruse is President of the Missouri Farm Bureau.

More News

4/21. The Federal Trade Commission (FTC) announced that it will hold a public workshop on June 18, 2003, on the costs and benefits to consumers and businesses of the collection and use of consumer information. May 9 is the deadline to submit requests to the FTC to participate as panelists. See, FTC release.

4/21. The Copyright Office (CO) published a notice of proposed rulemaking in the Federal Register. The CO wrote that the proposed rules would "govern SoundExchange, an unincorporated division of the Recording Industry Association of America, Inc., when it functions as the designated agent for the purpose of receiving royalty payments and statements of accounts from nonexempt subscription digital transmission services which make digital transmissions of sound recordings under a statutory license." Public comments are due by May 21, 2003. See, Federal Register, April 21, 2003, Vol. 68, No. 76, at Pages 19482 - 19485.

4/17. The Federal Communications Commission (FCC) released a Memorandum Opinion and Order [17 pages in PDF] in which it granted in part, and denied in part, complaints brought by Core Communications and Z-Tel Communications against SBC Communications and its incumbent local exchange carrier (ILEC) subsidiaries. Core and Z-Tel alleged that they purchased access to the shared transport unbundled network element (UNE) from SBC and its subsidiaries, but that they refused to allow Core and Z-Tel to use that UNE to transport intraLATA toll traffic. The FCC found that SBC violated the SBC Ameritech Merger Order and Section 251. See also, FCC release and statement [PDF] of Commissioner Kathleen Abernathy regarding FCC jurisdiction.

4/15. The Federal Trade Commission (FTC) filed a civil complaint [7 pages in PDF] in U.S. District Court (NDIll) against Brian D. Westby alleging violation of the Federal Trade Commission Act in connection with his sending false and misleading bulk unsolicited e-mail to promote his pormography business. The complaint alleges that his e-mails contained misleading subject lines and false return addresses. The FTC seeks injunctive relief and disgorgement of ill gotten gains. The FTC also filed a motion for a temporary restraining order, and a memorandum in support [PDF].

4/16. Federal Communications Commission (FCC) Chairman Michael Powell wrote letters to several members of Congress regarding the FCC's biennial review of its media ownership regulations. Powell's letter responds to letters [in PDF] that he received from Sen. Olympia Snowe (R-ME), Sen. John Sununu (R-NH), Sen. Sam Brownback (R-KS), Rep. Cliff Stearns (R-FL), Sen. Olympia Snowe (R-ME), Rep. Fred Upton (R-MI), Sen. John McCain (R-AZ), and Sen. Don Nickels (R-OK). Powell discussed the FCC's "present course toward completing this proceeding by early June 2003, without an additional, and unprecedented, notice and comment period."

4/16. Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, stated in a release that "I am pleased that Chairman Powell is listening to both Congress and the courts in regard to the broadcast ownership rules currently governing the mass media marketplace. Congress, in the Telecom Act of 1996, and the courts, in recent decisions, have told the FCC that it must justify its rules if they are to continue. I sincerely hope that Chairman Powell's colleagues will follow the law and work with him to reject calls to delay the process. This omnibus rulemaking is not an option -- it is an obligation. The FCC has compiled the most extensive record on ownership rules in the agency's history. It should be commended. The FCC has within its reach the tools necessary to get this proceeding done and, most importantly, to get it done right."

FCC Announces Agenda for April 23 Meeting

4/16. The Federal Communications Commission (FCC) announced the agenda of its Wednesday, April 23, meeting. See, FCC release [PDF].

The FCC will consider a Memorandum Opinion and Order (MOO) and Third Report and Order concerning eligibility, licensing and service rules for the 4.9 GHz band. This is WT Docket No. 00-32.

The FCC will consider a Notice of Inquiry (NOI) concerning broadband over power line systems that would operate on an unlicensed basis under Part 15 of FCC rules.

The FCC will consider a Second Report and Order and Further Notice of Proposed Rulemaking concerning the universal service support mechanism for schools and libraries. This is CC Docket No. 02-6.

The FCC will consider a Fourth Memorandum Opinion and Order in its proceeding titled "Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; and Applications of Broadwave USA, PDC Broadband Corporation, and Satellite Receivers, Ltd. to Provide a Fixed Service in the 12.2-12.7 GHz Band". This is ET Docket No. 98-206.

Finally, the FCC will consider a First Report and Order concerning whether, and if so, how to reform the procedures for considering satellite license applications. This is IB Docket No. 02-34 and IB Docket No. 02-54.

The meeting will be held at 9:30 AM at the FCC, Room TW-C305, 445 12th Street, SW. The meeting will be webcast by the FCC.

Tuesday, April 22

Day two of a two day conference hosted by the American Enterprise Institute (AEI) titled "The New Antitrust Paradox: Policy Proliferation in the Global Economy". The speakers will include William Kovacic (Federal Trade Commission) and Judge Richard Posner (U.S. Court of Appeals for the 7th Circuit). See, notice. Location: AEI, 12th Floor, 1150 17th Street, NW.

11:00 AM. The Electronic Privacy Information Center (EPIC) and other groups will hold a press teleconference to announce the submission of a complaint to the Federal Trade Commission (FTC) alleging that an internet retailer has violated the Children's Online Privacy Protection Act (COPPA). The COPPA is codified at 15 U.S.C. § 6501 through § 6506. To participate, dial 512 225-3050, then enter access code of 65889 followed by pound sign (#). For more information, contact Chris Hoofnagle at 202 483-1140 ext. 208 or chris@epic.org.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch. The speakers will be David Solomon, Linda Blair, Lisa Fowlkes, Maureen Del Duca, and Bill Freedman. Location: NAB, 1771 N Street, NW.

Wednesday, April 23

8:45 AM - 6:30 PM. The U.S. Chamber of Commerce will host a conference titled "Critical Infrastructure and Homeland Security: Public Policy Implications for Business". See, notice, agenda, and online registration pages. The prices to attend range from $500 to $650. Location: 1615 H Street, NW.

9:00 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Standards' (BIS) Information Systems Technical Advisory Committee (ISTAC). The meeting will be partly open, and partly closed. The agenda includes discussion of ultrawideband technologies. See, notice in the April 3, 2003, Vol. 68, No. 64, at Page 16262. Location: DOC, Hoover Building, Room 3884, 14th Street between Pennsylvania and Constitution Avenues, NW.

9:00 AM - 12:00 NOON. The Council for Excellence in Government (CEG) and the Center for Democracy and Technology (CDT) will host a meeting on federal government agency privacy practices. The participants will include Nuala Kelly (Chief Privacy Officer of the DHS), Kevin Landy (Minority Counsel, Senate Committee on Governmental Affairs), David McClure (CEG), Patricia McGinnis (CEG), Ari Schwartz (CDT), Zoe Strickland (Chief Privacy Officer, USPS), Peter Swire (Ohio State University). For more information contact Ari Schwartz at 202 637 9800 or ari@cdt.org. RSVP to egov@excelgov.org. Location: The Pierce Room, Willard Hotel, 1401 Pennsylvania Ave., NW.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda [PDF]. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM - 2:00 PM. The the National Industrial Security Program Policy Advisory Committee (NISPPAC) of the Information Security Oversight Office (ISOO) will hold a meeting. The ISOO is responsible for policy oversight of the Government wide security classification system. The NISPPAC was created on January 8, 1993 by Section 103 of Executive Order 12829. For more information, contact ISOO Director William Leonard at 202 219-5250. See, notice in the Federal Register, March 19, 2003, Vol. 68, No. 53, at Pages 13334 - 13335. Location: Room 105, National Archives and Records Administration, 700 Pennsylvania Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The speakers will be the chief and deputies of the FCC's Telecommunications Access Policy Division. For more information, contact Matt Brill at mbrill@fcc.gov. Location: Qwest, 1020 19th St., NW, Suite 700.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the role of technology in helping consumers and businesses protect the privacy of personal information, including the steps taken to keep their information secure. The FTC stated that "Especially useful are any studies, surveys, research, and empirical data". The FTC will hold a workshop titled "The Consumer Experience" on May 14, and another workshop titled "The Business Experience" on June 4. See, FTC release.

Deadline to submit applications to the National Telecommunications and Information Administration (NTIA) for grants under the Technology Opportunities Program (TOP). See, NTIA release and notice in the Federal Register, March 17, 2003, Vol. 68, No. 51, at Pages 12678 - 12683.

Thursday, April 24

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Standards' (BIS) Information Systems Technical Advisory Committee (ISTAC). The meeting will be partly open, and partly closed. The agenda includes discussion of ultrawideband technologies. See, notice in the April 3, 2003, Vol. 68, No. 64, at Page 16262. Location: DOC, Hoover Building, Room 3884, 14th Street between Pennsylvania and Constitution Avenues, NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in OCC Acquis Inc v. FCC, No. 01-1143. Judges Ginsburg, Henderson and Randolph will preside. Location: 333 Constitution Ave. NW.

9:30 AM. The U.S. International Trade Commission (USITC) will hold a hearing in its economic effects investigation titled "U.S. Singapore Free Trade Agreement: Potential Economywide and Selected Sectoral Effects". This is Inv. No. TA-2104-6. Location: Main Hearing Room, USITC Building, 500 E Street SW.

12:00 NOON - 1:45 PM. The Legislation Committee of the DC Bar Association's Intellectual Property Law Section will host a luncheon program titled "Copyright Legislative Agenda". The speakers will be Robert Kasunic (Copyright Office), Arthur Sackler (International Intellectual Property Institute), Gigi Sohn (Public Knowledge), and Kate Colgan (National Writers Union). The price to attend ranges from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:00 NOON - 1:30 PM. DC Bar Association's Computer and Telecommunications Law and Law Office Management Sections will host a brown bag lunch titled "The E-Mauled: Managing Clients, Confidences, and Communications in the Electronic Age". The speaker will be Jeffrey Berger. The price to attend ranges from $15 to $20. Location: DC Bar Conference Center, 1250 H Street NW, B-1 Level.

2:00 - 4:15 PM. The law firm of McGuire Woods and the Richmond Bar Association will host a panel discussion titled "2003 Antitrust Forum". The panelists will include Deborah Majoras (Deputy Assistant Attorney General, Antitrust Division, Department of Justice), Joe Simons (Director of the Federal Trade Commission's Bureau of Competition), and James Donahue (Vice Chair of the National Association of Attorneys General, Multistate Antitrust Task Force). See, notice. The event is free. For more information, contact Doris Cole at 804 775-7741 or dcole@mcguirewoods.com. Location: Omni Richmond Hotel, 100 South 12th Street, Richmond, VA.

Friday, April 25

8:00 AM - 3:30 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will hold a meeting. For more information, contact Gwen Blount at 703 292-8900. See, notice in the Federal Register, March 24, 2003, Vol. 68, No. 56, at Page 14264. Location: NSF, 4201 Wilson Blvd., Room 1235, Arlington, VA.

9:00 AM - 4:30 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee (CAC) will hold a meeting. See, FCC release [PDF] and notice in the Federal Register, April 4, 2003, Vol. 68, No. 65, at Pages 16513 - 16515. Location: FCC, Room TW-C305, 445 12th Street, SW.

9:00 - 10:30 AM. The Center for Progressive Regulation (CPR) will host a program titled "Democracy Dies Behind Closed Doors: The Homeland Security Act and Government Secrecy Initiatives". The speakers will include Rena Steinzor (University of Maryland School of Law), and David Vladeck (Georgetown University Law Center). A CPR notice states that "Credentialed congressional staff and credentialed media are invited to attend. A light breakfast will be served." Location: Room 2247, Rayburn Building.

Monday, April 28

9:00 AM - 5:00 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) program titled "Enforcement". The price to attend ranges from $180 to $250. Location: Wiley Rein & Fielding, 1750 K St., 10th Floor, Washington DC.

12:00 NOON - 1:45 PM. The Trade Secrets Committee of the DC Bar Association's Intellectual Property Law Section will host a luncheon program titled "Enforcement and Protection of Intellectual Property Rights: Federal Prosecution in the Eastern District of Virginia". The speaker will be Jack Hanly, Chief of the Cybercrime Unit in the U.S. Attorneys Office in Alexandria, VA. The price to attend ranges from $25 to $35. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Day one of a two day convention hosted by the National Association of Regulatory Utility Commissioners (NARUC) and the National Exchange Carriers Association (NECA) titled "Second NARUC/NECA National Summit on Broadband Deployment: Accelerating the Transition". At 8:30 AM, Assistant Secretary of Commerce for Technology Policy Bruce Mehlman is scheduled to speak. At 12:15 PM, FCC Chairman Michael Powell is scheduled to deliver the luncheon keynote address. At 5:00 PM, Sen. Conrad Burns (R-MT) is scheduled to speak. See, agenda [PDF]. The price to attend ranges from $495 to $795. Location: Hyatt Regency Crystal City, 2729 Jefferson Davis Highway, Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding a proposed set of rules pertaining to "plug and play" cable compatibility. On December 19, 2002, fourteen consumer electronics companies and seven cable operators announced that they have entered into a Memorandum of Understanding (MOU) regarding a national plug and play standard between digital television (DTV) products and digital cable systems. See, document [78 pages in PDF] consisting of the MOU, proposed rules to be promulgated by the FCC, and a letter to FCC Chairman Michael Powell and others. See also, FCC release [MS Word] of January 7 announcing the FNPRM, and notice in the Federal Register, January 16, 2003, Vol. 68, No. 11, at Pages 2278 - 2283. This is CS Docket 97-80, and PP Docket 00-67. For more information, contact Susan Mort in the FCC's Media Bureau at 202 418-7200 or smort@fcc.gov.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding on how to use the reallocated Mobile Satellite Service (MSS) spectrum as well as other bands previously proposed for Advanced Wireless Service (AWS) use, the relocation of the Multipoint Distribution Service (MDS), and additional flexibility for the Unlicensed Personal Communications Service (UPCS) band spectrum. This is ET Docket 00-258 and IB Docket No. 99-81. See, notice in the Federal Register, March 13, 2003, Vol. 68, No. 49, at Pages 12015 - 12020.

Day one of a two day conference titled "2003 Great Lakes Symposium on VLSI". The theme of this year's conference "VLSI in the Nanometer Era". VLSI refers to very large scale integration in microprocessors. See, conference website. Location: Radisson Barcelo Hotel, 2121 P Street NW.

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