Adelstein and Copps Seek Delay of FCC
Action on Media Ownership |
5/13. Two of the five Commissioners of the Federal
Communications Commission (FCC) announced that they favor delaying the FCC's
decision on revising its media ownership rules. FCC Chairman
Michael Powell has stated
that the FCC would announce its decision on June 2.
Commissioner
Jonathan Adelstein
(at right) and Commissioner
Michael Copps issued a
release
[MS Word] which states that they have requested that the FCC "postpone the
announced June 2nd consideration of changes to the Commission’s media
concentration protections. Under long-standing Commission practices, such
requests from Commissioners are traditionally honored." The two also "reiterated
a request for a public airing of the proposed rule changes."
They stated in the release that "We believe a full notice and
comment period on the specific proposals is warranted. Sound policymaking,
perhaps even the law, requires no less. ... When the Commission is considering
significant changes that could unalterably remake our media landscape for years
to come, we believe it is prudent to have a transparent process that ensures we
understand the full implications of our decisions. Such an open forum is
especially critical for issues of this magnitude when the Notice to the public
asked broad, general questions, and did not set forth specific proposed rule
changes."
They added that "Revealing the outlines of the proposals to the public would
allow us to obtain concrete input that would not only help avoid unintended
consequences, but would also provide a sounder basis for defending the specific
proposals against the inevitable court challenges."
FCC Commissioner
Kathleen Abernathy, who is one of three Commissioners who favor relaxing
media ownership rules, responded in a
release [MS Word].
Abernathy (at right)
wrote that "I must
respectfully oppose their request. I conclude that for both legal and policy
reasons we should move forward with the June 2nd meeting. The Commission has a
statutory obligation to review our broadcast ownership rules every two years. We are
already behind schedule, as June 2003 is past the date by which our 2002
biennial review should have been completed. Furthermore, we are fast
approaching the time in which we need to begin our 2004 biennial review. If we
don’t act, the courts may step in themselves."
She added that "We have compiled a thorough and comprehensive record in this
proceeding, which includes over 18,000 comments, 12 studies and testimony from a
number of broadcast ownership hearings. We have provided notice of the rules we
are reviewing, and the comments in the record reflect an understanding of these
issues. I am satisfied that we have the information and the input we need
to make a sound, judicially sustainable decision that will benefit the public
interest. Although we are resolving very important and difficult issues,
this task will not become any easier a week from now, a month from now, or even
a year from now."
FCC Commissioner Kevin Martin
stated in his release that "Many of the rulemakings incorporated into this
proceeding have been pending for over a year. Indeed, the newspaper/broadcast
rulemaking was opened in September 2001. The Commission has not acted on this
rule in any of its biennial reviews since the biennial provision was enacted in
1996. It is past time for the Commission to act. I think the Commission should
go forward with the scheduled vote on June 2."
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FBI Legal Memorandum Addresses Questions
Related to FBI Use of Internet and Private Databases |
5/13. The Electronic Privacy Information
Center (EPIC) published in its web site a heavily redacted copy of a
Federal Bureau of Investigation (FBI)
memorandum
[16 page PDF scan] titled "GUIDANCE REGARDING THE USE OF CHOICEPOINT FOR FOREIGN
INTELLIGENCE COLLECTION OR FOREIGN COUNTERTERRORISM INVESTIGATIONS".
The memorandum is dated September 17, 2001, which is several days after the
terrorist attacks of September 11, 2001. It is also several months after the
Wall Street Journal published an article titled "FBI's Reliance on the Private
Sector Has Raised Some Privacy Concerns", by Glenn Simpson, dated April 13,
2001. The FBI memorandum addresses whether the FBI may pay for access to
ChoicePoint's database of personally identifiable information about Americans.
Were the FBI to collect and maintain such data itself, it might violate the
Privacy Act.
Chris Hoofnagle,
Deputy Counsel for the EPIC, told Tech Law Journal that the memorandum is
important because it "show the thinking of the FBI's General Counsel" on the use
of internet materials in its investigations, and the use of ChoicePoint.
The unredacted portions of the memorandum state that the FBI may use the
internet to collect publicly available information in foreign
counterintelligence investigations (FCI) provided that the FBI complies with the
Privacy Act and the Attorney General's Guidelines. See, Department
of Justice (DOJ)
document [28 pages in
PDF] titled "The Attorney General's Guidelines on General Crimes, Racketeering
Enterprise and Terrorism Enterprise Investigations". This version was signed by Attorney
General John Ashcroft on May 30, 2002.
However, on the question of whether the FBI may use ChoicePoint's private
database, the memorandum's key sections are redacted. There is an unredacted
statement at the conclusion of the memorandum that states that "Finally, the
Attorney General Guidelines do not preclude the use of an Internet resource,
such as ChoicePoint, to obtain publicly available identifying data concerning
either known or unknown persons."
The unredacted portions of the memorandum further state that use of
ChoicePoint does not violate the Fair Credit Reporting Act (FRCA). See,
15 U.S.C. § 1681,
et seq.
The memorandum was prepared by the FBI's Office of the General Counsel's
National Security Law Unit. However, the names of its authors, reviewers, and
recipients have all been redacted. This memorandum pertains to foreign
counterintelligence investigations (FCI), not criminal investigations. However,
the EPIC also published a copy of a PowerPoint
presentation
[PDF] that indicates that the FBI also uses for ChoicePoint for criminal
investigations.
The EPIC obtained the document in response to a request made pursuant to the
Freedom of Information Act (FOIA). The EPIC regularly uses the FOIA to seek
government records that relate to the privacy of individuals. The EPIC is also a
frequent FOIA litigant. It makes all records that it obtains available to the
public.
The EPIC has already filed a complaint under the FOIA relating to records on
this topic. Chris Hoofnagle told Tech Law Journal that the FBI has "redacted
beyond reason". He added that the EPIC will ask to Court to compel the FBI to
make available more of the memorandum.
ChoicePoint. ChoicePoint states in its web site
that it is a "provider of identification and credential verification services
for making smarter decisions in a world challenged by increased risks". It
states that its "database of more than 17 billion public records includes in
excess of 63 million criminal convictions and other identity verification data".
It further states that it provides "decision-making information that helps
reduce fraud and mitigate risk" to financial institutions, insurance companies,
government entities, and others.
ChoicePoint's
SEC Form 10-Q, for the quarter ended March 31, 2003, filed with the
Securities and Exchange Commission (SEC),
states that its "businesses are focused on three
primary markets -- Insurance Services, Business & Government Services, and
Marketing Services."
This filing states that "The Insurance Services group (``Insurance´´) provides
information products and services used in the underwriting and claims processes
by property and casualty insurers. Major offerings to the personal lines
property and casualty market include claims history data, motor vehicle records,
police records, credit information and modeling services."
It states that "The Business & Government Services group (``B&G´´) provides
information products and services to Fortune 1000 corporations, consumer finance
companies, ...
and federal, state and local government agencies. Major offerings include
employment background screenings and drug testing administration services,
public record searches, vital record services, credential verification, due
diligence information, Uniform Commercial Code searches and filings, DNA
identification services, authentication services and people and shareholder
locator information searches."
Finally, this 10-Q states that "The Marketing Services group (``Marketing´´) provides direct
marketing services to Fortune 1000 corporations, insurance companies, and
financial institutions. Marketing Services offers a full complement of products,
including data, print fulfillment, teleservices, database and campaign
management services, as well as Web-based solutions."
FBI Use of Internet Sources. The FBI memorandum states, "With
respect to the use of the Internet to conduct intelligence
investigations, this Office has previously opined that ``[FBI personnel] who are
collecting information in support of the FBI's FCI/counterintelligence mission
[are permitted] to use the Internet and collect publicly available information
... so long as [the collection of that information] conforms to the requirements
of the Privacy Act and relevant Attorney General Guidelines.´´ Our opinion with
regard to these issues has not changed." (Brackets in original.)
After some discussion of various DOJ guidelines and principles, and their
discussion of publicly available information, the memorandum concludes that
"These definitions, we believe, are unambiguous and clearly reflect Departmental
policy permitting the use of information gleaned from public sources, including
the Internet. Thus, we reiterate our prior conclusion that resources of the
Internet may be used to collect publicly available information for FCI
investigations ..."
FBI Use of ChoicePoint Database. The memorandum states that "There
is, however, the additional legal issue presented here
concerning the FBI's use of ChoicePoint: namely, whether the use of a private
(i.e., commercial) information resource, such as ChoicePoint, is consistent with
the Attorney General Guidelines which place specific restrictions on the
use of" ... However, what follows is heavily redacted. Indeed, the entire next
page is redacted. What remains does not provide readers an understanding of the
FBI's analysis of this question.
However, the conclusion to the memorandum provides some
indication. It states "In collecting foreign intelligence and conducting foreign
counterintelligence investigations, FBI personnel may not review the ChoicePoint
data prior to the [the two following lines are redacted] Finally, the
Attorney General Guidelines do not preclude the use of an Internet resource,
such as ChoicePoint, to obtain publicly available identifying data concerning
either known or unknown persons."
Fair Credit Reporting Act. The FBI memorandum also reviews whether the
Fair Credit Reporting Act (FRCA) applies to the FBI's use of ChoicePoint. It
concludes that the FCRA does not apply. The facts recited by the FBI memorandum
in this analysis may be compared and contrasted with statements made in
ChoicePoint's latest 10-Q filing.
The memorandum states, "We also were asked to consider whether the FBI's use
of ChoicePoint is consistent with the restrictions of the Fair Credit Reporting
Act ... In our opinion,
it is."
The FBI memorandum reasons that "The FCRA protects information in consumer
(credit) reports compiled by consumer reporting agencies from disclosure except
for the permissible purposes described in Section 1681b of the Act. As used in
the Act, however, the term ``consumer report´´ is defined, in pertinent part, in
Section 1681a(d) as: any written, oral, or other communication of any
information by a consumer reporting agency bearing on a consumer's credit
worthiness, credit standing, credit capacity, character, general reputation,
personal characterizations, or mode of living which is used or expected to be
used or collected in whole or in part in establishing the consumer's eligibility
for (A) credit or insurance to be used primarily for personal, family, or
household purposes; (B) employment purposes; or (C) ..." (Parentheses
and emphasis in
original.)
The memorandum states that "In this instance, none of the information which
the FBI would seek to review
has been collected by ChoicePoint for any of the purposes highlighted above."
In contrast, ChoicePoint's
SEC Form 10-Q, for the quarter ended March 31, 2003, states that ChoicePoint
provides "credit information". This 10-Q also states that this information is
provided to "insurers". It also states that ChoicePoint provides "employment
background screenings" to businesses, government agencies and others.
The FBI memorandum also states that "Because ChoicePoint does not collect
``public record information´´ for any of the highlighted purposes, ChoicePoint is
not acting as a ``consumer reporting agency´´ for the purposes of the FCRA.
In contrast, ChoicePoint's 10-Q states that it provides "public records
searches", and that its recent acquisitions "extend ChoicePoint's ... public
records business".
Nevertheless, the FBI memorandum concludes, "Consequently, because the
information being provided in any particular case is not a ``consumer report´´ as
that term is used in the Act, the other requirements of the Act do not apply."
Chris Hoofnagle of the EPIC concludes that "ChoicePoint is selling credit
reports" to the FBI.
PowerPoint Presentation. The EPIC also published in its web site a copy of an FBI
presentation [14 page PDF
scan] titled "The FBI's Public Source Information Program: Fact Versus Fiction".
This item appears to be a PDF scan of a photocopy of a paper printout of
a PowerPoint presentation. It contains useful statements, such as, "Information Super
Highway was built".
Another page states, in full, "How much has the FBI's use of public source
information grown? Usage of public source information systems has increased by
9,600% since 1992." However, following pages are redacted in full.
Another page references an arrest of an FBI Top Ten fugitive as a result of
information obtained by ChoicePoint. The presentation also contains information
about another criminal case. That section was partly redacted in the copy
provided to the EPIC.
Another page states, "Since the Wall Street Journal article in May 2001,
there have been other
news articles and one television show that have focused on the FBI contract with
ChoicePoint and other public records providers. There have also been many
privacy websites that have discussed the FBI's use of public source information.
There is both fact and fiction contained in these documents." However, the
presentation does not list or identify any instances of "fiction".
ChoicePoint Biometrics. The EPIC also published in its web site a
complaint [32 page PDF scan] filed by International Biometric Group LLC in
U.S. District Court (NDGa) against
ChoicePoint alleging breach of contract of misappropriation of trade secrets.
This complaint alleges that "the parties entered into a Consulting Agreement"
under which "IBG agreed to develop and write programming code for storing and
transmitting biometric data from multiple types of inputs that would result in
the creation of a central biometric authority (``CBA´´). The basic capabilities
of the CBA are to provide secure and standardized acquisition, matching, and
indexing of biometric data; the encrypted transfer of biometric information and
results of biometric matches between trusted and non-trusted parties; auditing
and logging of biometric transactions; and privacy-sympathetic data retention,
management, and usage."
However, ChoicePoint filed an
answer
(35 page PDF scan) which "specifically denies the characterization" of the
Agreement.
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People and Appointments |
5/13. Sprint announced the
appointment of
Gary Forsee as Chairman of its Board of Directors, effective
immediately. He is already President and CEO. See,
Sprint release. Sprint also announced the appointment of Michael Stout
as EVP and Chief Information Officer,
and Bruce
Hawthorne as EVP and Chief Staff Officer. Hawthorne is a partner in the
Atlanta office of the law firm of King &
Spalding, and chairman of the firm's telecom practice group. He was lead
outside counsel for Sprint in the proposed merger of Sprint and MCI Worldcom,
which was rejected by regulators. See,
Sprint release.
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Legislators Introduce Bills to Establish 35%
National Broadcast Ownership Cap |
5/13. On May 9, Rep. Richard Burr
(R-NC), Rep. John Dingell (D-MI),
Rep. Nathan Deal (R-GA),
Rep. David Price (D-NC), and
Rep. Ed Markey (D-MA) introduced HR
2052, the "Preservation of Localism, Program Diversity, and Competition in
Television Broadcast Service Act of 2003". On May 13,
Sen. Ernest Hollings (D-SC) and
Sen. Ted Stevens (R-AK) introduced the
companion bill in the Senate. The bill would establish by statute a 35% national
broadcast ownership cap.
Sen. Hollings, the ranking Democrat on the
Senate Commerce Committee, stated in a
release
that "While many of us in Congress had hoped that the FCC would recognize the
serious consequences that could result from a laissez faire approach to media
ownership, it appears the message is not getting through".
Sen. Hollings
(at right) continued that "While details of the
Commission's proposal are finally starting to leak into the press, the process
conducted by the FCC on a matter so fundamental to the foundation of American
democracy has been shameful ... Instead of sparking a national debate by putting
forward specific rule changes to stand in the rigors of sunlight, as earlier
requested by a majority of the members of this committee, the FCC has instead
opted to keep its plans under wraps, further strengthening the hand of big media
companies with direct-dial connections to the FCC and keeping the American
public in the dark. Furthermore, by creating an arbitrary deadline of June 2nd,
Chairman Powell and other proponents of further deregulation have sought to
squelch any meaningful criticism of this proposal and hammer through one of the
most far-reaching policy decisions in the history of American media."
Rep. Price issued a
release which states that "HR 2052 would preserve a 35% cap on media
ownership for companies, meaning that businesses would be prohibited from owning
stations that reach greater than 35% of the national television audience. The
35% cap protects against the nationalization of local programming decision by
maintaining a healthy balance of local, non-network owned stations that are
obligated to serve local community interests. The cap is one of six rules
currently under consideration by the FCC, and Chairman Michael Powell has
expressed a preference to raise the cap to 45%."
On May 12, Rep. Dingell, who is the ranking Democrat on the
House Commerce Committee, and
Rep. Burr, a member of the Committee, wrote a
letter
to Federal Communications Commission (FCC)
Chairman Michael Powell.
They stated that "We believe any weakening of the present rule will provide
Americans with fewer sources of news and information and damage the delicate
competitive balance that presently exists in the broadcast industry. We are
particularly concerned, however, with recent news reports that the FCC may
substantially raise the national cap for reasons pertaining to the emergence of
new media, but, at the same time, may completely ignore those same facts with
regards to an adjustment in the UHF discount."
They also asked several questions: "Do you agree that the circumstances that
dictated the initial 50% UHF discount have largely changed? If no, why not? If
yes, shouldn’t the Commission consider altering or eliminating the UHF discount
in the pending proceeding?"
In addition, they asked, "During the public hearing on media ownership which
occurred at Columbia University on January 16, 2003, you stated ``The right way
[for the FCC to proceed] is by building rules that are based on empirical
evidence. That is why the FCC has been engaged in an unprecedented fact finding
effort.´´ What empirical evidence in the record supports keeping the UHF
discount at 50%?"
Also on May 13, the Senate Commerce Committee held another hearing on media
ownership. This hearing focused on broadcast media. See,
prepared statement of Sen. Hollings. See also, prepared testimony of
witnesses,
Mel Karmazin (P/COO of Viacom),
Jim Goodmon (P/CEO of Capitol Broadcasting Company),
Frank Blethen (Publisher of the Seattle Times),
William Singleton (Vice Chairman and CEO of Media News Group and Publisher
of the Denver Post and Salt Lake Tribune), and
Kent Mikkelsen (Vice President of Economists Inc.)
Mikkelsen wrote that "it is difficult to find any connection at all between
diversity concerns and the national television broadcast ownership cap. What
matters to diversity is the range of viewpoints available to individuals. That
range is not diminished when a local media outlet available to an individual is
jointly owned with another media outlet in another geographic area that is not
available to the individual. In conclusion, competition in media can be
preserved using antitrust standards without the need for one-size-fits-all
restrictions like the ``duopoly´´ rule and the cross-ownership ban."
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Antitrust Division Has No Present Intention
to Challenge Chemical Industry Database |
5/13. Hewitt Pate, Acting
Assistant Attorney General in charge of the Department of Justice's (DOJ)
Antitrust Division, wrote a
business review
letter to William Jibilian, attorney for BroChem Marketing, Inc. regarding
the DOJ's antitrust enforcement intentions regarding the proposed Chemical
Information System (CIS), a computer database that would be made available to
chemical distributors seeking information on the product lines of chemical
producers.
The letter recites facts provided by BroChem. For example, it states that
"Chemical producers will be able to access the database for the information they
have provided to BroChem, and chemical distributors will be able to access the
database for the information on the chemical products they are selling." It also
states that "price-sensitive information is not accessible to competitors or
others who should not have access to it." It adds that "BroChem will establish
computer safeguards to ensure that each chemical producer can access only the
data that the producer has provided to BroChem, and that each chemical
distributor has access only to information regarding products that the chemical
producers have authorized the distributor to market."
The DOJ letter concludes that "we conclude that the revised CIS is not likely
to reduce competition. Therefore, the Department has no present intention to
challenge the proposed operations of BroChem. In accordance with our normal
practice, however, we remain free to bring whatever action or proceeding we
subsequently come to believe is required by the public interest, if BroChem's
operations prove to be anticompetitive in purpose or effect." See also,
DOJ
release.
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Wednesday, May 14 |
The House will meet at 10:00 AM for legislative business. It will consider
several non tech related items under suspension of the rules.
9:30 AM. Federal Communications Commission
(FCC) Commissioner
Kathleen Abernathy will hold a press briefing on media ownership.
Press contact: Mathew Brill at 202 418-2400.
Location: FCC, Room 8B-115, 445 12th Street SW.
10:00 AM. The House Judiciary
Committee will meet to mark up
HR 21,
the "Unlawful Internet Gambling Funding Prohibition Act of 2003". The
event will be webcast. Press contact: Jeff Lungren or Terry Shawn at 202
225-2492. Location: Room 2141, Rayburn Building.
10:00 AM. The House Science Committee
will hold a hearing on cybersecurity research and development. The witnesses
will be Arden Bement, Director of the
National Institute of Standards and
Technology (NIST),
Charles
McQuery, Under Secretary for Science and Technology at the Department of
Homeland Security,
Rita Colwell,
Director of the National Science Foundation
(NSF), and Anthony Tether,
Director of the Defense Advanced Research
Projects Agency (DARPA). Press contact: Heidi Tringe at 202 225-4275.
Location: Room 2318, Rayburn Building.
8:30 AM. The Federal Trade Commission (FTC) will
hold a one day workshop on the role of technology in helping consumers protect
the privacy of personal information, including the steps taken to keep their
information secure. See, FTC
release and
notice in the Federal Register, February 26, 2003, Vol. 68, No. 38, at
Pages 8904 - 8906. The FTC stated that "Reporters unable to attend the
discussion may call in: Dial-in: 1-800-377-4872 Confirmation Number: 17001898".
Location: FTC, 601 New Jersey Ave., NW.
EXTENDED TO MAY 21. Deadline to
submit reply comments to the Federal
Communications Commission (FCC) in response to its
Notice of
Proposed Rulemaking (NPRM) [MS Word] titled "In the Matter of Second
Periodic Review of the Commission’s Rules and Policies Affecting the Conversion
To Digital Television". This is MB Docket No. 03-15, RM 9832, and MM Docket
Nos. 99-360, 00-167, and 00-168. See also,
FCC
release and
notice in the Federal Register, February 18, 2003, Vol. 68, No. 32, at
Pages 7737-7747. See also,
notice [PDF] extending deadlines.
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Thursday, May 15 |
The House will meet at 9:00 AM. It will consider
HR 1527,
the National Transportation Safety Board Reauthorization.
8:45 - 10:30 AM. The Global
Business Dialogue (GBD) will hold a press conference titled
"Singapore Issues". The speakers will be James Mendenhall
(Office of the U.S. Trade Representative), Petros Sourmelis
(European Commission), Seong-bong Lee (Institute for
International Economic Policy in Seoul), and Melissa Haslam (JBC
International). For more information, contact Judge Morris at
202 463-5074. The GDB states that there is a "$35 general
admission ($25 for members of the National Foreign Trade
Council). GBD members are prepaid for this event, and there is
no charge for press or for US Government staff." Location: First
Amendment Lounge, National Press
Club, 529 14th St. NW, 13th Floor.
9:30 AM. The Federal Communications
Commission (FCC) will hold a meeting. Location: FCC, 445 12th Street, SW,
Room TW-C05 (Commission Meeting Room).
9:30 AM. The Senate Judiciary
Committee will hold an executive business meeting. See,
notice.
Press contact: Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen
Building.
10:00 AM. The Senate Banking
Committee will hold a hearing to examine the
Fair Credit Reporting Act (FCRA) and issues presented by the re-authorization
of the expiring preemption provisions. Location: Room 538, Dirksen Building.
10:00 AM. The House Judiciary
Committee will hold a hearing on
HR 1115,
the Class Action Fairness Act of 2003. The hearing will be webcast. Press
contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141,
Rayburn Building.
11:00 AM. Representatives of the Federal
Trade Commission (FTC) and other government entities will hold a press
conference to announce spam related enforcement actions. The event will be in
Dallas, Texas. However, the FTC states that "Reporters who cannot attend can
participate by calling: Phone Number: 1- 888-532-2243 Confirmation Number:
16950466". See, notice.
12:00 NOON. Stratton Sclavos, Ch/CEO of VeriSign, will speak at a
Congressional Internet Caucus
luncheon. RSVP to rsvp@netcaucus.org
or 202 638-4370. Lunch will be served. Location: Mansfield Room (S-207),
Capitol Building.
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Friday, May 16 |
12:00 NOON. The Federal Communications Bar
Association's (FCBA) Diversity Committee will host a brown bag lunch. The
speakers will be Bill Bailey and Toni Cook Bush. RSVP to Harry Wingo at 202
418-1783 or hwingo@fcc.gov. Location: Room
253, Russell Building.
Extended deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to its
Notice of Inquiry (NOI) [MS Word] regarding "Additional Spectrum for
Unlicensed Devices Below 900 MHz and in the 3 GHz Band". Unlicensed devices
would include, among other things, 802.11. See,
notice in Federal Register, January 21, 2003, Vol. 68, No. 13, at Pages
2730-2733. See also, story titled "FCC Announces Notice of Inquiry Re More
Spectrum for Unlicensed Use" in
TLJ Daily E-Mail
Alert No. 566, December 12, 2002. For more information, contact Hugh Van
Tuyl in the FCC's Office of Engineering & Technology at
hvantuyl@fcc.gov or 202 418-7506. This
is OET Docket No. 02-380. See,
notice of extension [PDF].
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Tuesday, May 20 |
6:00 - 8:15 PM. The Federal Communications
Bar Association
(FCBA) will host a continuing legal education (CLE) program titled "What
Every Communications Practitioner Should Know About Sarbanes Oxley and
Corporate Compliance". The speakers will include Tom Hickey (Assistant
General Counsel, Nextel), Barry Summer (Assistant Director, Division of
Corporation Finance, SEC), and Andrew Hruska (Office of the Deputy Attorney
General). Location: Dow Lohnes & Albertson, 1200 New Hampshire Avenue, NW,
Suite 800.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) regarding AOL Time Warner's
petition [58 pages in PDF]
requesting relief from the FCC's January 22, 2001 Memorandum Opinion and Order
(MOO) approving the merger of AOL and Time Warner, and imposing conditions upon AOL
Time Warner regarding instant messaging services. Specifically, AOL Time Warner seeks
relief from the condition restricting its ability to offer internet users streaming
video advanced Instant Messaging based high speed services (AIHS) via AOL Time
Warner broadband facilities.
Deadline to submit requests to the U.S. Patent
and Trademark Office (USPTO) to present oral testimony at it May 30 hearing
regarding its notice of proposed rulemaking (NPRM) to amend its regulations to
implement the Madrid Protocol Implementation Act of 2002 (MPIA). See,
notice in the Federal Register, March 28, 2003, Vol. 68, No. 60, at Pages
15119 - 15138.
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