9/10. The Federal Communications Commission (FCC) announced, but did not release, a Second Report and Order and Second Further Notice of Proposed Rulemaking pertaining to digital plug and play cable compatibility. The order is based upon the December 19, 2002 Memorandum of Understanding negotiated by consumer electronics and cable companies.

FCC Chairman Michael Powell (at right) wrote in a separate statement [PDF] that "Consumers who want digital television sets will have an easier time connecting them to their cable service and having them work with high definition and other digital programming. I am more convinced than ever that high definition programming is becoming a competitive differentiator among television programmers."

The FCC issued a press release [4 pages PDF] and summary [2 pages PDF] describing this item. This is CS Docket 97-80, and PP Docket 00-67.

Background. On December 19, 2002, fourteen consumer electronics companies and seven cable operators announced that they 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 Powell. See also, story titled "Cable and Consumer Electronics Companies Announce DTV Agreement" in TLJ Daily E-Mail Alert No. 572, December 20, 2002.

This proposal required implementation by the FCC. On January 7, 2003, the FCC announced a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on the rules proposed by the MOU. See, story titled "FCC Seeks Comments on Cable TV Plug and Play MOU" in TLJ Daily E-Mail Alert No. 581, January 13, 2003. See also, notice in the Federal Register, January 16, 2003, Vol. 68, No. 11, at Pages 2278 - 2283.

See also, story titled "Comment Period Closes in FCC's Plug and Play Cable Compatibility Rulemaking Proceeding" in TLJ Daily E-Mail Alert No. 655, May 5, 2003.

On July 23, 2003, Rep. Lee Terry (R-NE), Rep. Rick Boucher (D-VA) and others introduced HR 2825, the "Consumer Access to Digital Television Enhancement Act". The bill states that "Within 30 days after the date of enactment of this Act, the Federal Communications Commission shall, by regulation, adopt and implement the regulations proposed in the memorandum of understanding between the cable and consumer electronics industries filed with the Commission on December 19, 2002, as contained in the Commission's notice of proposed rulemaking concerning compatibility between cable systems and consumer electronics equipment (FCC 03-3; adopted January 7, 2003)."

Report and Order. The FCC's release describing the yet to be released report and order states that "The new rules will permit TV sets to be built with ``plug and play´´ functionality for one-way digital cable services, which include typical cable programming services and premium channels like HBO and Showtime. Consumers will have to obtain a security card (often called a ``POD´´ or ``cable card´´), from their local cable operator, to be inserted into the TV set."

It also states that "Consumers will still need a set-top box to receive two-way services such as video on demand, impulse pay-per-view and cable operator-enhanced electronic programming guides."

The FCC release also describes "limits on copy control mechanisms". It asserts that the FCC has "ancillary jurisdiction" authority to issue such rules.

Specifically, it states that "The current use of selectable output controls by all multichannel video programming distributors (MVPDs) is prohibited" and that down resolution by MVPDs for broadcast programming is prohibited.

It also states that "The encoding rules, which are applicable to all MVPDs, are modeled generally upon the Digital Millennium Copyright Act:
(i) Copy never: pay-per-view, video-on-demand
(ii) Copy once: basic and extended basic cable service
(iii) No restrictions on copying: broadcast television statements."

However, the FCC release adds that these rules do not extend "to distribution of any content over the Internet or an MVPD's services offered via cable modem or DSL. The Order includes a petition process for new services or business models that may be developed in the future. This process would involve case-by-case determinations of whether specific encoding rules are in the public interest."

Reaction. Rep. Boucher stated that "Consumers will now be able to buy DTVs which connect directly to digital cable without a set-top box, and enjoy convenient access to HDTV offered by cable providers." He added that "The FCC's expeditious action moves us a step closer in the transition to digital television".

Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, released a statement in which he praised the adoption of plug and play rules. He also wrote that "The new rules will prevent piracy of digital content from being carried over cable and satellite systems, while preserving consumers’ ability to make use of that content legally. Without these very necessary protections, content providers would be hesitant to make high-value digital content available and many consumers would not be inclined to make the switch to digital television."

The Consumer Electronics Association praised the FCC's action. It stated in a release that "The plug-and-play agreement not only ensures consumers will be able to buy DTVs that connect to digital cable without a set-top box, but also establishes a long sought after balance between consumer home recording rights and copyright protection through reasonable encoding rules or "rules of the road" for digital content. These rules, which are based on existing law and agreements with content studios, are applicable to all multichannel video programming distributors (MPVDs), including cable."

Edward Fritts, President of the National Association of Broadcasters (NAB), stated in a release that "The FCC deserves enormous credit for adopting today's 'plug and play' decision, and particularly for insisting that digital TV tuners with over-the-air reception capability be included in digital 'cable ready' television receivers. Step by step, the Commission is resolving roadblocks that have delayed the transition from analog to digital television. The time is ripe for the FCC to complete the loop by adopting cable carriage rules ensuring consumer access to the 1,000 digital broadcast stations on the air and serving their communities."

See also, National Cable Telecommunications Association (NCTA) release.

9/10. The Federal Communications Commission (FCC) announced new rules pertaining to digital plug and play cable compatibility, without also addressing another issued related to DTV conversion, the broadcast flag. The FCC's release announcing its plug and play rules also states, without elaboration, that the FCC "will address Digital Broadcast Copy Protection issues in the near future."

Background. Programming that is in digital format is more susceptible to copying and copyright infringement than analog programming, because it is easier to make and distribute exact copies of digital content. Thus, content providers have a disincentive to make their works available in digital format. To the extent that less content is made available in digital format, consumers have less incentive to purchase DTV receivers and equipment. The FCC, which seeks a conversion to DTV, has therefore involved itself in copy protection issues.

Title 17 of the U.S. Code, which codifies the Copyright Act, gives rule making authority for implementing the Copyright Act to the Library of Congress, not the FCC. Moreover, there is no specific grant of authority to the FCC in Title 47 of the U.S. Code, the Communications Act, to promulgate copyright protection regulations.

Nevertheless, on August 8, 2002, the FCC adopted a Notice of Proposed Rulemaking (NPRM) [15 pages in PDF] in its proceeding titled "In the Matter of Digital Broadcast Copy Protection". This NPRM proposed that the FCC promulgate a broadcast flag rule, and seeks comment on this, and related questions. This is MB Docket No. 02-230. The public comment period ended last year. See, stories titled "FCC Issues NPRM on Broadcast Flag" and "FCC Debates Its Authority to Promulgate Broadcast Flag Rule" in TLJ Daily E-Mail Alert No. 489, August 12, 2002. See also, FCC release [PDF].

The FCC has yet to issue an order containing rules in this proceeding.

September 10 Statements. FCC Chairman Michael Powell wrote in a separate statement [PDF] in the plug and play proceeding that "I plan to deliver to my colleagues a draft decision on the Broadcast Flag proceeding in the very near future. All affected parties should be aware that this proceeding is in the on-deck circle."

Powell also stated that "Now that we have taken this step in the cable world, we must immediately turn our attention to broadcasting. Over 35 million Americans continue to receive television programming exclusively from over-the-air broadcasters. And over 30% of all television sets in this country are not connected to cable or satellite service. The viability of our free broadcasting system is a high priority for me, and the government needs to ensure that broadcast television is not disadvantaged as a delivery platform for high value content."

FCC Commissioner Kevin Martin (at right) wrote in a separate statement [PDF] in the plug and play proceeding that "I am disappointed that we were not able to resolve the Broadcast Flag proceeding at the same time. Acting on the content protection rules in both the Plug & Play proceeding and the Broadcast Flag proceeding at the same time would have clarified the rules of the road for all participants in the DTV transition. Still, I am pleased that the Commission has committed in this item to resolving the Broadcast Flag proceeding in the near future, and I look forward to working with my colleagues on this difficult and important issue."

FCC Commissioner Michael Copps wrote in a separate statement [PDF] in the plug and play proceeding that "I vote for today's Order with the understanding that it will not affect any of the rights or remedies available under our nation's copyright laws and cognizant that it is Congress that ultimately sets national policy in this critical and sensitive area. As we implement this decision, I for one, and I trust my colleagues, will remain sensitive to this and not venture into content matters beyond our authority."

FCC Commissioner Jonathan Adelstein wrote in a separate statement [PDF] in the plug and play proceeding that "We are mindful today of the needs of copyright owners to protect high value content. Our action does not affect any rights or limitations of copyright holders under the copyright law. We preserve flexibility for the later use of certain methods of protecting premium content if it is shown that such uses are necessary and consumer-friendly."

Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, commented that "The FCC also announced its commitment to move a broadcast flag item in the near future. This is a very important issue to the many consumers who still rely on free, over-the-air broadcasting. Without similar protections for broadcast networks, these consumers would be left out of the new digital era."

In the House of Representatives, the House Judiciary Committee has jurisdiction over intellectual property matters, including copyright. Nevertheless, the House Commerce Committee has been increasingly active on intellectual property issues in recent years.

9/10. The Federal Communications Commission (FCC) announced, but did not release, a notice of proposed rulemaking (NPRM) regarding the pricing of unbundled network elements (UNEs) and the resale of services by incumbent local exchange carriers (ILECs). The current rules were written in 1996.

The FCC issued a short press release [PDF] describing the NPRM. It states that the "current UNE pricing rules, based on the Total Element Long Run Incremental Cost (TELRIC), consider what it would cost the new entrant -- today -- to build and operate a hypothetical, efficient telephone network that can provide the same services as the incumbent local exchange carrier’s (LEC) existing network."

It states that the NPRM "tentatively concludes that our TELRIC rules should more closely account for the real-world attributes of the routing and topography of the incumbent's network in developing forward-looking costs".

The FCC's release also states that the FCC "seeks comment on numerous network assumptions, such as network routing and construction, technology, structure sharing, and fill factors, in light of the tentative conclusion."

The FCC also seeks comment "on the impact of changes in unbundling obligations resulting from the Triennial Review Order on UNE pricing" and "on what resale pricing rules the FCC should adopt in light of the U.S. Court of Appeals for the Eight Circuit decision to vacate the FCC's previous resale pricing rules."

FCC Chairman Michael Powell wrote in a separate statement [PDF] that "our commitment to retaining a forward-looking approach is unwavering -- what we are debating is the extent to which realistic assumptions about the incumbent's network should be included in our pricing rules." He added that "an approach grounded in the real-world attributes of the incumbent's network would address claims that our TELRIC rules currently distort a competitor’s decision whether to invest in new facilities or to lease an incumbent’s existing facilities."

FCC Commissioner Kathleen Abernathy wrote in a separate statement [PDF] that this NPRM "recognizes two key problems with the TELRIC pricing standard. First, it is a black box that permits inconsistent results among the states for reasons unrelated to actual cost differentials, and it also permits internal inconsistencies within individual rate proceedings. Second, the excessively hypothetical nature of the Commission’s existing standard sends inappropriate investment signals and produces irrational pricing in some instances."

FCC Commissioner Kevin Martin wrote in a separate statement [PDF] that "Today's item, in conjunction with our decision in the recent Triennial Review Order, begins the process to provide the necessary adjustments to the TELRIC formula that will more accurately reflect incumbent costs and help spur deployment in new facilities and services."

FCC Commissioner Jonathan Adelstein wrote in a separate statement [PDF] that he supports this item, but would have preferred that it not include any tentative conclusions.

FCC Commissioner Michael Copps (at right) dissented in part. He wrote in a separate statement [PDF] that "I just don’t believe the record at hand justifies the making of important, even if tentative, conclusions. Such tentative conclusions often have a curious way of becoming final. On the basis of little or no prior record, the majority today adopts a tentative conclusion concerning so-called real-world network attributes that I believe is confusing and inconsistent with basic premises of TELRIC that were upheld as a reasonable interpretation of Section 252(d)(1) by the Supreme Court. For a Commission striving to provide clarity to an industry, this is a strange way to do it."

ILEC Reaction. Walter McCormick, P/CEO of the U.S. Telecom Association (USTA), a group that represents ILECs, stated in a release that "the FCC's notice is a step in the right direction. On the positive side, it might move telecom policy in the direction of the real world and economic rationality. But on the negative side, it perpetuates this mindset that it’s okay to place local phone companies and their customers in a different category than all other communications platforms. It continues to insist that in today’s crowded communications marketplace, government can better manage competition than consumers."

Susanne Guyer, SVP for Federal Regulatory Affairs at Verizon, an ILEC, stated in a release that "Making sure that wholesale rates reflect real-world costs is long overdue. Making sure that carriers that lease parts of our network pay fair wholesale prices will help restore health to a sick sector of the economy. Making sure that everyone who uses our network pays their fair share will ensure all customers continue to get high-quality service at a great price. Appropriate pricing also will help restore incentives for all providers to invest in telecom networks, which will lead to more jobs in our communities."

This is FCC Docket No. WC 03-173. The proceeding is titled "Review of the Commission Rules Regarding the Pricing of Unbundled Network Elements and the Resale of Services by Incumbent Local Exchange Carriers".

9/8. Lincoln Bloomfield, Assistant Secretary of State for Political Military Affairs, gave a speech at the Southeastern European Cybersecurity Conference in Sofia, Bulgaria. He stated that "We need all states to take tangible steps to reduce the risks to critical information infrastructures around the world."

Bloomfield (at right) said that "At the same time as we are increasing our reliance on information technology for critical services, we are seriously concerned that the reliability and availability of these systems is threatened on a daily basis. Every day brings another story of a system vulnerability being criminally exploited, resulting in downtime and economic losses. If these vulnerabilities were to be exploited systematically by hostile individuals or terrorist groups, our national security could be threatened."

He added that "The United States has concluded that, no matter what steps individual states might take to safeguard their own critical information infrastructures, none of us will be secure until the least secure among us has addressed the issue. This technology gives us a shared opportunity, but also a shared vulnerability and a shared responsibility."

He offered several observations about cyber threats. He stated that "the tools to conduct cyber attacks are widely available to any person or group, regardless of their motivation". He said that "cyber attacks pay no attention to national boundaries. In fact, perpetrators are likely to route attacks through several countries to decrease the probability of being caught. That is why our cybersecurity depends on the security practices of every country, every business, and every citizen ..." He also stated that "most of the information infrastructures that we rely upon, even for many government functions, are in the private sector", so, there must be "a broad partnership between government and industry in all of our countries."

He also offers several recommendations for countries. For example, he stated that "each country should review its legal code to assure that it effectively criminalizes misuse of information technology and that it has in place the domestic tools to investigate and prosecute cyber crime, and rules to facilitate trans-border law enforcement."

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

9:00 AM - 4:30 PM. The U.S. Patent and Trademark Office (USPTO) will host of meeting of its Nanotechnology Customer Partnership initiative. RSVP to Jill Warden at 703 308-4037 or Jill.Warden@uspto.gov. See, notice. Location: Patent Theater, Crystal Park 2, 2nd Floor, 2121 Crystal Drive, Arlington, VA.

LOCATION CHANGE. 9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR 2898, the "E-911 Implementation Act of 2003". See, notice. The event will be webcast. The witnesses will be Tim Berry (Indiana State Treasurer), John Muleta (Bureau Chief of the FCC's Wireless Telecommunications Bureau), Anthony Haynes (Tennessee Emergency Communications Board), and Terry Addington (P/CEO of First Cellular of Southern Illinois). Location: Room 2123, Rayburn Building.

Deadline to submit comments to the Federal Communications Commission's (FCC) Notice of Inquiry (NOI) that solicits "data and information on the status of competition in the market for the delivery of video programming for our tenth annual report".

The House will not meet. See, Republican Whip Notice.

Deadline for claimants to royalty fees collected for calendar year 2001 under the cable statutory license to submit comments and notices of intention to participate to the Copyright Office regarding whether a Phase I or Phase II controversy exists as to the distribution of those fees. See, notice in the Federal Register, August 13, 2003, Vol. 68, No. 156, at Pages 48415 - 48417.

The U.S. Patent and Trademark Office's (USPTO) final rule amending its rules to separate the provisions for patent matters and trademark matters with respect to filing correspondence, requesting copies of documents, payment of fees, and general information takes effect. The USPTO is "amending its Rules of Practice in Patent Cases to delete all references to trademark matters, and amending its Rules of Practice in Trademark Cases to add new rules setting forth provisions for corresponding with and paying fees to the Office in trademark cases, and for requesting copies of trademark documents." See, notice in the Federal Register, August 13, 2003, Vol. 68, No. 156, at Pages 48286 - 48293.

Deadline for Members of Congress to sign a letter to Federal Communications Commission (FCC) Chairman Michael Powell regarding network neutrality. The letter is being circulated by Rep. Rick Boucher (D-VA) and Rep. Ron Kind (D-WI).

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Ranger Cell v. FCC, No. 02-1155. Judges Edwards, Randolph and Garland will preside. Location: 333 Constitution Ave. NW.

10:00 AM - 12:00 NOON. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science & Technology Council's (NSTC) Committee on Science's Education and Workforce Development Subcommittee will hold a meeting. For more information, contact James Griffin at 202 456-6129 or jgriffin@ostp.eop.gov Location: White House Conference Center, Lincoln Room, 726 Jackson Place NW.

10:30 AM - 3:00 PM. The American Enterprise Institute (AEI) will host a program titled "Jumpstarting a Brighter Broadband Future: Driving Investment and the New Telecom Frontier". At 10:30 AM Federal Communications Commission (FCC) Commissioner Kevin Martin will speak. At 11:15 AM Bruce Mehlman (Technology Administration) and James Glassman (AEI) will speak. At 12:30 PM David Dorman (Ch/CEO of AT&T) will be the luncheon speaker. At 1:45 PM there will be a panel titled "Driving Investment in the Telecom Sector: Capital and Policy". The presenter will be Laurence Kotlikoff (Boston University). The other speakers will be Jeff Halpern (Sanford Bernstein), Blair Levin (Legg Mason), and James Glassman. See, notice. Location: AEI, 1150 17th St., NW, 12th Floor.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will hold an organizational meeting, and brown bag lunch. Location: 8th Floor Conference, Suite 800, Dow Lohnes & Albertson, 1200 New Hampshire Avenue, NW.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will hold a meeting. The Council will hear updates from the Network Reliability, Interoperability and Broadband Focus Groups and review recommendations from the Physical Security Focus Group. See, FCC notice [PDF] and notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51578 - 51579. The meeting will be webcast. Location: FCC, Commission Meeting Room, TW-C305, 445 12th Street, SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to a Petition for Rulemaking on compliance by carriers with relevant statutory provisions on disclosure of customer information in 911 emergencies. The petition was submitted by the National Emergency Number Association (NENA), the Association of Public Safety Communications Officials International (APCO), and the National Association of State Nine One One Administrators (NASNA). See, FCC notice [3 pages in PDF]. For more information, contact Barbara Reideler or Jared Carlson at 202 418-1310.

Deadline to submit comments to the LOCAL Television Loan Guarantee Board regarding the proposed regulation to implement the LOCAL Television Loan Guarantee Program, as authorized by the Launching Our Communities' Access to Local (LOCAL) Television Act of 2000. The purpose of the Act is to facilitate access to signals of local TV stations in nonserved areas and underserved areas. The Act establishes a LOCAL Television Loan Guarantee Board to approve guarantees of up to 80% of loans totaling no more than $1.25 Billion. The regulation proposes to establish eligibility and guarantee requirements, the application and approval process, the administration of guarantees, and the process through which the Board will consider applications under the priority considerations required in the Act. See, notice in the Federal Register, August 15, 2003, Vol. 68, No. 158, at Pages 48814 - 48833. See also, Treasury release.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the first day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Consumer Electronics Association v. FCC, No. 02-1312. This is a petition for review of the Federal Communications Commission's (FCC) order regarding conversion to digital television adopted on August 8, 2002, and released on August 9, in MM Docket No. 00-39. At issue is whether the FCC has authority, under the All Channel Receiver Act, 47 U.S.C. § 303(s), to require manufacturers to incorporate expensive digital tuner devices into new TV receivers, even though most TV purchasers not use these devices. The CEA is represented by the law firm of Squire Sanders. Judges Ginsburg, Roberts and Williams will preside. Location: 333 Constitution Ave. NW.

10:00 AM. The Senate Banking Committee will hold a hearing on the pending nominations of Harvey Rosen (to be a Member of the Council of Economic Advisors), Kristin Forbes (Council of Economic Advisors), Julie Myers (Assistant Secretary, Department of Commerce), and Peter Lichtenbaum (Assistant Secretary, Department of Commerce). See, notice. Location: Room 538, Dirksen Building.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Executive Committee will meet.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a Continuing Legal Education (CLE) event on the Federal Communications Commission's (FCC) and Federal Trade Commission's (FTC) new rules regarding the national "Do Not Call" registry, telemarketing by phone, and unsolicited faxes. The speakers will be Anita Wallgren (Sidley Austin), Richard Smith (Acting Chief of the Policy Division of the FCC's Consumer & Governmental Affairs Bureau), Erica McMahon (FCC's Consumer & Governmental Affairs Bureau), John Kamp (Wiley Rein & Fielding), and Karen Leonard (FTC's Bureau of Consumer Protection's Division of Marketing Practices). For more information, contact Anita Wallgren at 202 736-8468 or awallgren@sidley.com. Location: Sidley Austin, 1501 K Street, NW.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the second day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

11:00 AM - 4:00 PM. The Cato Institute will host a symposium titled "The Supreme Court: Past and Prologue: A Look at the October 2002 and October 2003 Terms". The fourth panel, at 3:30 PM, will address the upcoming term. The speakers on that panel will be James Swanson (Cato), Michael Carvin, Walter Dellinger (O'Melveny & Myers), and Thomas Goldstein (Goldstein & Howe). The event will be webcast. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON - 1:30 PM. The Intellectual Property Law Section of the D.C. Bar Association and the ABA will host a luncheon titled "The Clash Between the Right of Publicity and the First Amendment". The price is $10, or free if you bring your own lunch. Location: Finnegan Henderson, 1300 I Street, NW.

1:00 - 2:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a closed meeting via conference call.. The agenda includes issues "regarding security matters due to diversity of ownership, control, and access to U.S. critical telecommunication and information technology infrastructures" and interdependencies of critical infrastructures. See, notice in the Federal Register, September 8, 2003, Vol. 68, No. 173, at Page 52971.

8:00 AM - 1:45 PM. The U.S. Chamber of Commerce will host an event titled "Immigration -- Access, Security and the American Economy". See, notice. The price to attend is $95 (members) or $155 (non-members). Location: U.S. Chamber of Commerce, 1615 H Street, NW.

8:30 AM - 1:00 PM. The National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board will meet. This is the third day of a three day series of meetings. The agenda includes (1) a session on agencies customer service management work, (2) a session on the National Information Assurance Program extension activities, (3) a session on acceptable behavior of "Touching the Browser", (4) NIST information technology laboratory briefings, (5) an update by OMB on privacy and security issues, and (6) a briefing by the Department of Homeland Security Privacy Officer. See, notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at Pages 51559 - 51560. Location: Bethesda Hyatt Regency Hotel, 7400 Wisconsin Ave., Bethesda, MD.

9:00 AM. The AEI-Brookings Joint Center for Regulatory Studies will host a conference titled "Is More Regulation of Wireless Services Necessary?" See, notice. Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

9:00 AM. The Federal Communications Commission (FCC) host an event titled "Rural Wireless Internet Service Provider (WISP) Showcase and Workshop". For more information, contact Robert Pepper (Chief, Policy Development) at Robert.Pepper@fcc.gov or 202 418-2030. See, notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th Street, SW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Family Association v. FCC, No. 00-1310. This case pertains to issuance of noncommercial educational broadcast licenses. Judges Sentelle, Henderson and Tatel will preside. Location: 333 Constitution Ave. NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The topic will be "Antitrust Law and the Telecommunications Act of 1996: Broader Implications of the Supreme Court Trinko Case". The speakers will include Donald Russell (Robbins Russell) and John Thorne (Verizon). RSVP to Cecelia Burnett 202 637-8312. Location: Hogan & Hartson, 555 13th Street, NW, lower level.

The U.S. Trade Representative's (USTR) interagency Trade Policy Staff Committee (TPSC) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments that it made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 21, 2003, Vol. 68, No. 139, at Pages 43247 - 43248. Location: Room 1, 1724 F Street, NW.

9/9. On September 9, 2003, the Center for Democracy and Technology (CDT) and others filed a complaint [38 pages in PDF] in the U.S. District Court (EDPenn) against Michael Fisher, in his capacity of Attorney General of the state of Pennsylvania, seeking declaratory and injunctive relief.

The CDT alleges that Pennsylvania's "system of secret prior restraint orders" against internet service providers regarding the blocking of access to child pormography on the web is unconstitutional under the Commerce Clause, the First Amendment, and the Fourteenth Amendment. The CDT also filed a motion for temporary restraining order (TRO). See, memorandum in support [18 pages in PDF] of motion for TRO.

On September 9, the Court issued an order [2 page PDF scan] in which it ordered that, "Pending final resolution of this action, the Attorney General of Pennsylvania shall discontinue issuance of informal notices to internet service providers requiring that they deny their subscribers access to any website".

This case is Center for Democracy and Technology, ACLU of Pennsylvania, and Plantagenet, Inc. v. Michael Fisher, D.C. No. 03-3051. Judge Jan Dubois issued the order.

9/10. Len Lauer was named President and Chief Operating Officer of Sprint. Lauer has been with Sprint since 1998. See, release.

9/10. John Jeffrey was named General Counsel, and Kurt Pritz was named Vice President of Business Operations, of the Internet Corporation for Assigned Names and Numbers (ICANN). See, ICANN release.

9/10. The House passed HR 2622, the "Fair and Accurate Credit Transactions Act of 2003", by a vote of 393-30. See, Roll Call No. 499. See also, House Financial Services Committee release, with summary of the bill.

9/10. The House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census held a hearing titled "Worm and Virus Defense: How Can We Protect the Nation's Computers from These Serious Threats?"

9/9. The Federal Trade Commission (FTC) released a report [40 pages in PDF] titled "Report to Congress Pursuant to the Do Not Call Implementation Act on Regulatory Coordination in Federal Telemarketing Laws".

9/9. Rep. John Dingell (D-MI) and Rep. Richard Burr (R-NC) wrote a "dear colleague" letter to other members of the House urging support for, and cosponsorship of, HR 2052, the "Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003". The bill was introduced in response to the national TV ownership provisions of the FCC's June 2, 2003 Report and Order and Notice of Proposed Rulemaking [257 pages in PDF] amending its media ownership rules. See also, story titled "FCC Announces Revisions to Media Ownership Rules" in TLJ Daily E-Mail Alert No. 672, June 3, 2003. HR 2052 provides that "The Commission shall not permit any license for a commercial television broadcast station to be granted, transferred, or assigned to any party (including all parties under common control) if the grant, transfer, or assignment of such license would result in such party or any of its stockholders, partners, or members, officers, or directors, directly or indirectly, owning, operating or controlling, or having a cognizable interest in television stations which have an aggregate national audience reach exceeding 35 percent."