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May 20, 2003, 9:00 AM ET, Alert No. 665.
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Supreme Court Denies Cert in Case Involving Personal Jurisdiction in Internet Defamation Suit

5/19. The Supreme Court denied certiorari, without opinion, in Young v. New Haven Advocate, a case involving whether a court has jurisdiction over out of state newspapers in a defamation case based upon their publication on the web. See, Order List [18 pages in PDF], at page 5. This is at least the second time this year that the Supreme Court has refused to take a defamation case involving personal jurisdiction based upon internet activity.

On December 13, 2002, the U.S. Court of Appeals (4thCir) issued its opinion [12 pages in PDF] in Young v. New Haven Advocate, holding that a court in Virginia does not have jurisdiction over two small newspapers, and their editors and reporters, located in Connecticut, who wrote allegedly defamatory stories about a Virginia prison warden and published them on the internet. The Court held that the web publication did not establish minimum contacts because the newspapers are not directed at a Virginia audience. See also, TLJ story titled "4th Circuit Rules in Internet Jurisdiction Case", December 13, 2002.

On April 28, 2003, the Supreme Court denied certiorari, without opinion, in Healthgrades.com v. Northwest Healthcare Alliance. This denial let stand an opinion of the U.S. Court of Appeals (9thCir) holding that the U.S. District Court (WDWash) has personal jurisdiction over an out of state defendant in defamation case, based solely upon publication of its allegedly defamatory statements in its internet web site. See, TLJ story titled "Supreme Court Denies Certiorari in Internet Jurisdiction Case", April 28, 2003.

The lower courts, and foreign courts, have issued many opinions in the last few years in defamation cases. These opinions leave considerable uncertainty as to when a court has personal jurisdiction over a distant defendant, whose internet based conduct serves as the basis for the claim, and personal jurisdiction.

There is also the December 31, 2002 opinion [20 pages in PDF] of the U.S. Court of Appeals (5thCir) in Revell v. Lidov, another internet defamation case. The plaintiff, a resident of Texas, brought suit in Texas against a Harvard (Massachusetts) professor and Columbia University (New York) for an article that the professor published on a Columbia bulletin board. The Appeals Court held that the Texas court lacked personal jurisdiction over the defendants.

In addition to these recent U.S. cases, there is the December 10, 2002 opinion of the High Court of Australia in Dow Jones v. Gutnick, another defamation case.

The Australian Court wrote in the Gutnick case that "defamation is to be located at the place where the damage to reputation occurs. ... In the case of material on the World Wide Web, it is not available in comprehensible form until downloaded on to the computer of a person who has used a web browser to pull the material from the web server. It is where that person downloads the material that the damage to reputation may be done. Ordinarily then, that will be the place where the tort of defamation is committed." See, story titled "High Court Rules Australia Has Jurisdiction Over Dow Jones Based on Web Publication" in TLJ Daily E-Mail Alert No. 564, December 10, 2002.

Thus, in two of these quite recent defamation cases -- Young and Revell -- the courts found that there was no jurisdiction in the forum of the defamed party, while in two other cases -- Healthgrades and Dow Jones -- the courts found jurisdiction in the forum of the defamed party.

And, of course, these cases all deal only with personal jurisdiction when the claim is defamation. The nature of the jurisdictional analysis is different for different types of claims.

Supreme Court Denies Cert in Patent Case Involving On Sale Bar

5/19. The Supreme Court denied certiorari, without opinion, in Micrel v. Linear Technology, a patent infringement case involving the on sale bar. See, Order List [18 pages in PDF], at page 15. This is Supreme Court No. 02-39.

Linear Technology filed a complaint in U.S. District Court (NDCal) against Micrel alleging infringement of U.S. Patent No. 4,755,741, which pertains to adaptive transistor drive circuitry used in telecommunications, cell phones and computers. The District Court held the patent invalid due to the on-sale bar. 35 U.S.C. § 102(b) provides that "A person shall be entitled to a patent unless ... (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States". On December 28, 2001, the U.S. Court of Appeals (FedCir) issued its opinion reversing the District Court.

On October 15, 2002, the Supreme Court invited the Office of the Solicitor General (OSG) to submit a brief. The OSG submitted a brief arguing that the Appeals Court opinion "does not mark any significant departure from prior Federal Circuit precedent, but rather is part of the Federal Circuit's ongoing effort to clarify the law relevant to Section 102(b)'s on-sale bar. Further review by this Court is not warranted." The Supreme Court's denial of certiorari is consistent with the recommendation of the OSG.

Supreme Court Denies Cert in Pay Phone Antitrust Case

5/19. The Supreme Court denied certiorari, without opinion, in Southwestern Bell v. Telecor Communications, an antitrust action brought by independent pay phone service providers against an incumbent local exchange carrier. See, Order List [18 pages in PDF], at page 3. This is Supreme Court No. 02-1171.

On September 10, 2002, the U.S. Court of Appeals (10thCir) issued its split opinion in Telecor Communications v. Southwestern Bell, a private antitrust case involving definition of the relevant market, application of the Noerr Pennington doctrine, and application of the state action and exclusive jurisdiction doctrines. After several pretrial orders, and a jury trial, plaintiffs were awarded $20 Million. The Appeals Court affirmed.

See also, story titled "10th Circuit Rules in Private Telecom Antitrust Case" in TLJ Daily E-Mail Alert No. 506, September 11, 2002.

More Supreme Court News

5/19. The Supreme Court denied certiorari, without opinion, in Grace Consulting v. Dun & Bradstreet, a software copyright and misappropriation of trade secrets case. See, Order List [18 pages in PDF], at page 3. This is Supreme Court No. 02-1307. The U.S. Court of Appeals (3rdCir) issued its opinion on September 24, 2002.

5/19. The Supreme Court denied certiorari, without opinion, in Mirror Image Internet v. Parfi Holding AB. See, Order List [18 pages in PDF], at page 4. This is Supreme Court No. 02-1320. On November 4, 2002, the Supreme Court of Delaware issued its opinion [20 page PDF scan] holding that contracting parties who provide for arbitration of disputes in their agreements need submit to arbitration only those legal claims that touch on the legal rights created by their contract.

5/19. The Supreme Court denied certiorari, without opinion, in Brittan Communications v. Southwestern Bell, ... See, Order List [18 pages in PDF], at page 4. This is Supreme Court No. 02-1376. On December 16, 2002, the U.S. Court of Appeals (5thCir) issued its split opinion [16 pages in PDF] in Brittan Communications v. Southwestern Bell, affirming the District Court's dismissal of a suit brought by a reseller of long distance telephone service (Brittan) against an incumbent local exchange carrier (Southwestern Bell) for suspending billing services. See, story titled "5th Circuit Rules in Brittan v. Southwestern Bell" in TLJ Daily E-Mail Alert No. 569, December 17, 2002.

5/19. The Supreme Court will be in recess from Monday, May 19, 2003, until Tuesday, May 27, 2003. See, Order List [18 pages in PDF], at page18

5/19. President and first lady Bush hosted a state dinner at the White House for Philippines President Gloria Arroyo and Jose Arroyo. The guests included Justice Sandra O'Connor and John O'Connor. Supreme Court Justices do not frequently attend White House events. Various press accounts have carried rumors and speculation that Justice O'Connor may retire at the close of the current term.

FCC Releases Text of FNPRM on Regulatory Framework for Local Phone Companies Offering LD Service

5/19. The Federal Communications Commission (FCC) released its Further Notice of Proposed Rulemaking (FNPRM) [32 pages in PDF] regarding the regulatory framework for local phone companies offering long distance service.

This item states that the FCC seeks "comment on the appropriate classification of Bell Operating Companies' (BOCs) and incumbent independent local exchange carriers' (independent LECs) provision of in-region, interstate and international interexchange telecommunications services. We seek comment on how changes to the competitive landscape within the interexchange market should affect this classification and on what approach is appropriate for BOCs and independent LECs, if and when these carriers may provide in-region, interexchange services outside of a separate affiliate."

The FCC announced, but did not release, this FNPRM at its May 15, 2003 meeting. See also, May 15 FCC release [3 pages in PDF] summarizing this FNPRM.

Public comments are due within 30 days after publication in the Federal Register, and reply comments are due within 60 days after publication in the Federal Register. As of the May 20 issue of the Federal Register, no such notice has yet been published.

This proceeding is titled "In the Matter of Section 272(f)(1) Sunset of the BOC Separate Affiliate and Related Requirements 2000 Biennial Regulatory Review Separate Affiliate Requirements of Section 64.1903 of the Commission’s Rules". The is WC Docket No. 02-112 and CC Docket No. 00-175. For more information, contact Robert Tanner or Pam Megna at rtanner@fcc.gov, pmegna@fcc.gov or 202-418-1580.

Adelstein Addresses Cognitive Radio Technologies

5/19. Federal Communications Commission (FCC) Commissioner Jonathan Adelstein delivered remarks at the FCC's workshop on cognitive radio technologies. He stated that "In dealing with spectrum, I believe the Commission has a responsibility to establish ground rules for issues such as interference and availability, but applying the rules with a light touch. In this area, fortunately, we can rely heavily on technology, with engineering and innovation driving increased performance, increased capacity, and more and better services for consumers."

Jonathan AdelsteinAdelstein (at right) added that "New cognitive radio technologies can potentially play a key role in shaping our spectrum use in the future. These technologies can lead to the advent of smarter unlicensed devices that make greater use of spectrum than possible today -- without interfering with licensed users. Cognitive radios may also provide licensees with innovative ways to use their current spectrum more efficiently, and to lease their spectrum on the secondary market."

He also said that "cognitive radio technologies offer the promise of helping us leave the world of command and control behind".

More News

5/19. Federal Communications Commission (FCC) Chairman Michael Powell announced in a release [PDF] that he intends to form a federal advisory committee to assist the FCC "in formulating new ways to create opportunities for minorities and women in the communications sector". He also named Jane Mago, who is the Chief of the FCC's Office of Strategic Planning and Policy Analysis, to be the Designated Federal Official (DFO) from the FCC responsible for the administration of the Committee, including calling all meetings, approving meeting agendas and conducting all meetings.

5/20. On Tuesday, May 20, the House Financial Services Committee will meet to mark up eight bills, including HR 2143, the "Unlawful Internet Gambling Funding Prohibition Act". The meeting may be continued to 10:00 AM on May 21. The HFSC already approved HR 21, a bill with the same title, on March 13, 2003. See, story titled "House Committee Approves Internet Gambling Bill" in TLJ Daily E-Mail Alert No. 623, March 14, 2003. See also, story titled "Rep. Leach Introduces Internet Gambling Bill" in TLJ Daily E-Mail Alert No. 579, January 9, 2003. On May 14, the House Judiciary Committee, which also has jurisdiction, amended and approved HR 21 by a vote of 16-15.

5/20. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register requesting public comments regarding changes needed to implement a Patent Cooperation Treaty (PCT) style Unity of Invention standard in the U.S. The deadline to submit public comments is July 21, 2003. See, Federal Register, May 20, 2003, Vol. 68, No. 97, at Pages 27536 - 27539. For more information, contact Robert Clarke at 703 305-9177 or robert.clarke@uspto.gov.

5/20. The Copyright Office (CO) published a notice in the Federal Register "requesting comment on proposed regulations that set rates and terms for the use of sound recordings in eligible nonsubscription transmissions and new subscription services, other than transmissions made by certain noncommercial entities, together with related ephemeral recordings. The rates and terms are for the 2003 and 2004 statutory licensing period, except in the case of new subscription services in which case the license period runs from 1998 through 2004." This notice also states that "The agreement published herein supersedes the agreement published in the Federal Register on May 1, 2003, and parties should only comment on the proposed rates and terms set forth in this notice." Comments are due by June 19, 2003. See, Federal Register, May 20, 2003, Vol. 68, No. 97, at Pages 27506 - 27513. See also, superseded notice in the Federal Register, May 1, 2003, Vol. 68, No. 84, at Pages 23241 - 23249. For more information, contact David Carson (CO General Counsel) or Tanya Sandros (Senior Attorney, Copyright Arbitration Royalty Panel) at 202 707-8380.

5/19. The Securities and Exchange Commission (SEC) filed a proposed settlement with the U.S. District Court (SDNY) in the case SEC v. WorldCom. This proposed settlement provides for a judgment requiring WorldCom to pay a civil penalty of $1,510,000,000; however, due to WorldCom's bankruptcy, it would only have to pay $500,000,000. The proposed settlement requires approval by both the District Court and the Bankruptcy Court. See, SEC release and MCI WorldCom release.

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1st Circuit Rules E-Rates Subsidies Owed By USAC To Bankrupt Contractor Are Not Part of Estate

5/19. The U.S. Court of Appeals (1stCir) issued its opinion in Springfield v. Ostrander, a bankruptcy case involving e-rate subsidies.

Background. The City of Springfield operates a public school system, including several high schools, one of which is named Central High School. Springfield contracted with LAN Tamers to install a high speed data network at Central High School for $1,096,180.28. It also contracted with LAN Tamers to provide network maintenance services at several Springfield schools. LAN Tamers performed its contractual obligations. Springfield paid LAN Tamers.

Springfield also applied to the Federal Communications Commission's (FCC) Universal Service Administration Corporation (USAC) for reimbursement of most of the amounts that it paid to LAN Tamers, pursuant to the e-rate subsidy program. The USAC initially determined that these contracts were ineligible, but later reversed itself. However, before the USAC made payment, LAN Tamers went into bankruptcy. (David Ostrander, who lends his name to the case, is the trustee in bankruptcy.)

The e-rate program is essentially an FCC imposed tax on consumers of telephone services. The FCC then appropriates these revenues to schools and libraries to purchase telecommunications services, internet access, and internal connections. But, since only the Congress has authority to impose taxes, and appropriate funds, the FCC, in form, operates this program under the rubric of universal service support provisions of 47 U.S.C. § 254. Under this form, funds are transferred from regulated service providers to other service providers to accomplish universal service objectives.

Hence, in the present case, the USAC collects funds from carriers (which pass on the cost to their customers), and then transfers funds to the other service providers (such as LAN Tamers, who in turn pass the funds on to the schools). However, this form provides LAN Tamers' creditors with the plausible argument that the funds that have not yet been transferred to LAN Tamers (and on to Springfield) are assets of the bankrupt's estate, pursuant to 11 U.S.C. § 541.

The creditors of LAN Tamers, of course, want these funds to satisfy debts owed to them. And naturally, Springfield also wants the money from the USAC. Meanwhile, the FCC faces a situation reminiscent of the NextWave case.

Proceedings Below. Springfield filed a complaint in U.S. Bankruptcy Court (DMass) against LAN Tamers, the USAC, and LAN Tamers' creditors seeking declaratory relief that the reimbursement funds to be paid to LAN Tamers by the USAC for work performed on Springfield's behalf are not property of the estate, but rather the property of the Springfield.

The Bankruptcy Court issued its Memorandum of Decision on August 16, 2002. It held that "The ownership rights in the Reimbursements are held by the City, not by the Debtor. Accordingly, the funds are available neither as collateral for the Bank, nor as a source of funds for a distribution to unsecured creditors. For the reasons set forth above, the Court holds that the Reimbursements are not part of the Debtor's estate pursuant to § 541(d)." The District Court affirmed. This appeal followed.

Appeals Court. The Appeals Court affirmed. Like the courts below, it analyzed the e-rate program, and, in the final analysis, placed the substance of the program above the form created by the FCC. While the money must be paid to the service provider (LAN Tamers), this is in essence merely a pass through, and hence, is not property of the estate pursuant to Section 541 of the Bankruptcy Code.

This Court also wrote that the NextWave case is distinguishable from the present case.

See also, Supreme Court opinion [34 pages in PDF], and TLJ story titled "Supreme Court Rules Against FCC in NextWave Case", January 27, 2003.

Postscript. The Springfield Public Schools report card for Central High School states that total enrollment for the 2002-2003 academic year was 1,817. The Appeals Court opinion states that the amount of the contract between Springfield and LAN Tamers to install the network was $1,096,180. This comes to $603.29 per student to wire the school for internet access.

Tuesday, May 20

The House will meet at 9:00 AM for morning hour and at 10:00 AM for legislative business. It will consider several non tech related items under suspension of the rules.

9:00 AM. The House Homeland Security Committee's (HHSC) will hold a hearing to assess progress made by the new Department of Homeland Security. Secretary of Homeland Security Tom Ridge will testify. Location: Room 210, Cannon Building.

9:00 AM. Chris Israel, of the Commerce Department's Technology Administration, will speak at the Young Entrepreneurs Leadership Network Conference on the significance of technology, entrepreneurship and cooperation in a knowledge based economy. Location: Organization of American States, 17th Street & Constitution Ave., NW.

10:00 AM. The House Financial Services Committee will meet to mark up eight bills, including HR 2143, the "Unlawful Internet Gambling Funding Prohibition Act". The meeting may be continued to 10:00 AM on May 21. HR 2143 is seventh on the list. Location: Room 2128, Rayburn Building.

RESCHEDULED FROM MAY 15. 2:00 PM. 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. Howard Beales, Director of the Federal Trade Commission's (FTC) Bureau of Consumer Protection, will testify. Location: Room 538, Dirksen Building.

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.

Wednesday, May 21

The House will meet at 10:00 AM for legislative business. It is scheduled to begin consideration of the defense authorization bill.

9:00 - 11:00 AM. The U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office (CO) will hold a meeting to discuss the preparation of a new text of the Hague Jurisdiction and Enforcement of Judgments Convention. See, notice. Location: USPTO, 2121 Crystal Drive, Crystal Park 2, Suite 902, Arlington, VA.

9:00 AM. Bruce Mehlman, of the Commerce Department's Technology Administration, will speak on "Tech Transfer and Opportunities for Future Commercialization" at the COMDEX Innovation Forum on Tech Transfer. Location: Omni Shoreham Hotel, 2500 Calvert Street, NW.

9:30 AM. The Senate Commerce Committee will hold a hearing on unsolicited bulk e-mail. Press contact: Rebecca Hanks 202 224-2670 or Andy Davis at 202 224-6654. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on the nomination of Hewitt Pate to be Assistant Attorney General in charge of the Department of Justice's Antitrust Division. Press contact: Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "National Export Strategy". The witnesses will be Donald Evans (Secretary of Commerce), Philip Merrill (President of the Export Import Bank of the United States), Thelma Askey (Director of the U.S. Trade and Development Agency), Peter Watson (President of the Overseas Private Investment Corporation), Hector Barreto (Administrator of the Small Business Administration). See, notice. Location: Room 538, Dirksen Building.

10:00 AM - 1:00 PM. The NetChoice Coalition and The New Republic (TNR) will host a symposium on "Spam, Privacy and E-Commerce". The scheduled speakers are Scott Shipman (eBay), Gary Doernhoefer (Orbitz), Michael Mayor (direct e-mail marketer), Ramsen Betfarhad (Majority Counsel, House Commerce Committee), Peter Filon (Minority Counsel, House Commerce Committee), Rob Courtney (Center for Democracy and Technology), and Jeff Rosen (TNR). For More Information, contact Mark Blafkin at 202 331-2130 x104 or mblafkin@actonline.org. Location: The Hall of States, 444 North Capitol, Room 383.

10:45 AM. Chris Israel, of the Commerce Department's Technology Administration, will participate in a panel at the National Business Incubator Association Annual Conference. He will also release two reports titled "Business Incubation: Emerging Trends for Profitability and Economic Development in the U.S., Central Asia, and the Middle East" and "A National Benchmarking Analysis of Technology Business Incubator Performance and Practices." Location: Richmond Marriot, Richmond, VA.

12:00 NOON. Rep. Sherwood Boehlert (R-NY), the Chairman of the House Science Committee (HSC), will host a pen and pad briefing on HSC matters for reporters. Press contact: Heidi Tringe at Heidi.Tringe @mail.house.gov or 202 225-4275. Location: Room 2318, Rayburn Building.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch. The topics will include "the purposes of opinions within the context of various transactions and typical regulatory opinion language". The speakers will include John Quale (Skadden Arps) and James Rogers (Latham & Watkins). RSVP to Margery Singleton at 202 637-2200 or margery.singleton @lw.com Location: Latham & Watkins, 555 11th Street, NW, Suite 1000.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "Getting Ready for Radio Station License Renewal". The speakers will include Roy Stewart, Chief of the of the Federal Communications Commission's (FCC) Office of Broadcast Licence Policy, and Peter Doyle, Chief of the FCC's Audio Division. RSVP to Wendy Parish at wendy@fcba.org. Location: NAB, 1771 N St., NW, 1st Floor Conference Room.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Science, and Research & Development will hold a hearing titled "Homeland Security Science and Technology: Preparing for the Future." The witnesses will include Charles McQueary, Under Secretary of the Department of Homeland Security (DHS). The HHSC lists this hearing as scheduled for 2:00 PM, while the DHS lists it at 10:00 AM. Location: Room 2118, Rayburn Building.

6:00 - 8:00 PM. D.C. Bar Association's Intellectual Property Law Section will host a continuing legal education (CLE) program titled "Recent Developments in Technology Transfer with the Federal Government: Focus on Intellectual Property". The speakers will be Paul Gottlieb (Assistant General Counsel, Technology Transfer and Intellectual Property, Department of Energy), Holly Svetz (Morrison & Foerster), and Richard Litman. The prices to attend range from $70 to $90. Location: DC Bar Conference Center, 1250 H Street NW, B-1 level.

Deadline to submit comments to the Copyright Office (CO) in response to its notice of proposed rules that 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." See, Federal Register, April 21, 2003, Vol. 68, No. 76, at Pages 19482 - 19485.

Extended 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. And see, notice [PDF] extending deadlines.

Deadline to submit "white papers" to the Office of Science and Technology Policy' (OSTP) High End Computing Revitalization Task Force (HECRTF) regarding high end computing. See, notice in the Federal Register, May 14, 2003, Vol. 68, No. 93, at Page 25888.

Thursday, May 22

The House will meet at 10:00 AM for legislative business.

9:30 AM. The Senate Commerce Committee will hold yet another hearing on media ownership. Press contact: Rebecca Hanks 202 224-2670 or Andy Davis at 202 224-6654. Location: Room 253, Russell Building.

10:00 AM. The Senate Indian Affairs Committee will hold a hearing on telecommunications in Indian country. Location: Room 485, Russell Building.

2:00 PM. The Senate Judiciary Committee will hold a hearing on several pending judicial nominations, including Richard Wesley (Second Circuit), Ronnie Greer (Eastern District of Tennessee), Thomas Hardiman (Western District of Pennsylvania), Mark Kravitz (District of Connecticut), John Woodcock (District of Maine). Press contact: Margarita Tapia at 202 224-5225. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Commerce Committee's Subcommittee on Communications will hold a hearing to examine wireless broadband in rural areas. Location: Room 562, Dirksen Building.

Friday, May 23

The House will meet at 9:00 AM for legislative business.

10:00 - 11:30 AM. The Federal Communications Commission's (FCC) Media Security and Reliability Council will hold a meeting. See, notice in Federal Register: November 19, 2002, Vol. 67, No. 223, at Page 69742. For more information, contact Barbara Kreisman at 202-418-1600. Location: FCC, 445 12th St. SW Room TW-C305.

Deadline to submit to the Department of Commerce (DOC) nominations for award of the National Medal of Technology. See, nomination guidelines and notice in the Federal Register, February 14, 2003, Vol. 68, No. 31, at Pages 7509.

Monday, May 26

Memorial Day. The House and Senate will be in recess for the Memorial Day District Work Period from May 26 through May 30.