9/14. The Fifth Ministerial Conference of the World Trade Organization (WTO) in Cancun, Mexico concluded without reaching a consensus. It met from September 10-14.

The WTO launched a new round of trade negotiations in Doha, Qatar in 2001. The Cancun ministerial meeting was to have specified the negotiating frameworks for attaining the Doha Development Agenda by 2005.

The U.S. State Department issued a release on September 14 that states that "Five days of talks among trade ministers representing the 148 member countries of the World Trade Organization collapsed September 14 because of an impasse over whether to move ahead on negotiations involving what are called the ``Singapore´´ issues: investment, competition, transparency in government procurement, and trade facilitation."

U.S. Trade Representative (USTR) Robert Zoellick stated in a release that "Whether developed or developing, there were 'can do' and 'won't do' countries here. The rhetoric of the 'won't do' overwhelmed the concerted efforts of the 'can do'. 'Won't do' led to impasse."

Zoellick (at right) added that "We came ready to work off the first chair's text. Today, we were willing to work off the text prepared by the five facilitators, and we remain willing to work on these items."

"Today we stalled because of the Singapore issues, but the larger lesson of Cancun is that useful compromise among 148 countries requires a serious willingness to focus on work -- not rhetoric -- to attain the fine balance between ambition and flexibility", said Zoellick.

See also, transcript of press briefing by Deputy USTR Josette Shiner.

Chairperson Luis Ernesto Derbez issued a Ministerial Statement that concludes that "Notwithstanding this setback, we reaffirm all our Doha Declarations and Decisions and recommit ourselves to working to implement them fully and faithfully."

Sen. Charles Grassley (R-IA) issued a statement Sunday night. He wrote that "I'm extremely disappointed by this development. The Cancun Ministerial was an historic opportunity to advance the cause of free trade and open markets. Unfortunately, some participants seemed to be more satisfied with hollow rhetoric than real negotiation. As we can see, the WTO process can't subsist on hollow rhetoric."

Sen. Grassley (at right) continued that "I stand behind the decision of Ambassador Zoellick to remain firm in his pursuit of broad market liberalization on all fronts. Under Ambassador Zoellick's guidance, the United States demonstrated real leadership, both prior to and throughout these negotiations. First, in resolving the question of TRIPS and public health, which will give impoverished developing countries access to life-saving medicines. Then, in seeking to establish a framework agreement with the European Union on agriculture that helped spark deeper discussions on concrete objectives for Cancun. Finally, in seeking to find constructive ways in Cancun to bridge the artificial divides that some nations were intent on creating. At every stage of the process, the United States has been ready, willing, and able to negotiate. I wish I could say the same of some of the other WTO members."

Sen. Grassley also issued a warning. "I'll use my position as chairman of the Senate Finance Committee, which has jurisdiction over international trade policy in the U.S. Senate, to carefully scrutinize the positions taken by many WTO members during this ministerial. The United States evaluates potential partners for free trade agreements on an ongoing basis. I'll take note of those nations that played a constructive role in Cancun, and those nations that didn't."

"This is a sad day for the global economy, for developed and developing countries alike. This is an especially sad day for the least-developed countries, which have the most to gain from the Doha Development Agenda. By insisting on rigid positions, a few nations have put prospects for world economic growth and development on indefinite hold. Their intransigence has squandered an opportunity to raise millions of people out of poverty and improve the lot of farmers, ranchers, workers, and consumers around the world", concluded Sen. Grassley.

9/12. The U.S. Telecom Association (USTA), a group that represents incumbent local exchange carriers (ILECs), and ILECs BellSouth, Qwest, SBC and Verizon filed a motion for stay of the Federal Communications Commission's (FCC) triennial review order with the U.S. Court of Appeals (DCCir).

Larry Sarjeant, VP and General Counsel of the USTA, stated in a release that "the FCC appears unwilling to place a hold on ill-conceived and unlawful regulations. A stay is necessary to help secure the long-term viability of the nation’s communications infrastructure. We are now forced to ask the Courts to intervene and delay the implementation of these rules before permanent damage is done to the communications industry and the manufacturers and suppliers whose future depends on this critical sector of the economy." See also, SBC release.

The USTA, BellSouth, Qwest, SBC and Verizon previously filed petitions for writ of mandamus and petitions for review.

On September 3 and 4, 2003, they filed several petitions for review. See, Nos. 03-1263, 03-1264, and 03-1267. See also, story titled "ILECs File Petitions for Review of FCC Triennial Review Order" in TLJ Daily E-Mail Alert No. 734, September 8, 2003.

On August 28, they filed petitions for writ of mandamus seeking a stay of parts of the FCC's order. See, story titled "ILECs File Petitions for Writ of Mandamus Challenging Triennial Review Order" in TLJ Daily E-Mail Alert No. 730, September 2, 2003.

The FCC announced its triennial review order [576 pages in PDF] on February 20, 2003, but did not release the text until August 21, 2003. See, TLJ story titled "Summary of FCC Triennial Review Order", also published in TLJ Daily E-Mail Alert No. 725, August 25, 2003. See also, stories titled "FCC Announces UNE Report and Order", "FCC Order Offers Broadband Regulatory Relief", "FCC Announces Decision on Switching", "Commentary: Republicans Split On FCC UNE Order", and "Congressional Reaction To FCC UNE Order" in TLJ Daily E-Mail Alert No. 609, February 21, 2003.

On September 2, 2003, the FCC published a notice in the Federal Register that recites and describes the FCC's new rules regarding the unbundling requirements of incumbent local exchange carriers (ILECs). See, Federal Register: September 2, 2003, Vol. 68, No. 169, at Pages 52275 - 52306. This notice further states that these rules take effect on October 2, 2003. See also, story titled "FCC Publishes Notices Regarding Triennial Review Order" in TLJ Daily E-Mail Alert No. 731, September 3, 2003.

9/10. The Federal Communications Commission (FCC) announced, but did not release, a notice of proposed rulemaking (NPRM) regarding its regulations and policies affecting the use of spectrum in rural areas. The FCC issued a short press release [2 pages in PDF] describing its NPRM, and individual Commissioners issued short statements.

FCC Chairman Michael Powell wrote a separate statement [PDF] that this NPRM "includes initiatives and policies aimed directly at facilitating access to capital and lowering regulatory and market barriers to spectrum and infrastructure in rural areas. This Notice also seeks comment on how we can clarify rules, minimize regulatory costs, and provide other incentives to promote service to rural markets. While a number of past Commission measures have been intended to foster the deployment of wireless services throughout the country, the Notice we adopt today for the first time expands upon these measures and will help ensure that rural Americans can experience the breadth of wireless service offerings currently available and further fulfill the Commission’s statutory mandate to make available, in a rapid and efficient manner, communications services to all Americans."

The FCC's release is short and vague, but references several topics. It states that the FCC seeks comment regarding "Which areas of the country should be considered rural?"

It references "measures to increase power level flexibility for licensed services in rural areas".

It also "seeks comment on a tentative conclusion to retain the cellular cross-interest rule in RSAs with three or fewer CMRS competitors, removing the rule as it applies to other RSAs, and eliminating its application to non-controlling investments in all RSA licensees".

The FCC has not yet released the NPRM, or set deadlines for public comments. This is WT Docket No. 03-202.

9/10. The Federal Communications Commission (FCC) announced, but did not release, a notice of proposed rulemaking (NPRM) regarding its regulations regarding unlicensed devices. The FCC issued a short press release, and several Commissioners released statements.

The FCC release states that the proposed rules would "permit operators, including wireless internet service providers (WISPs), and device manufacturers to more readily modify or substitute technically equivalent parts".

The FCC release also states that the FCC "proposes to amend its rules to specifically provide for the use of sectorized and phased array antenna systems. Often called ``smart antennas,´´ these antenna systems focus their radio transmissions according to the geographic locations of their users. Use of these advanced antenna technologies will increase spectrum efficiency because they allow for greater re-use of the same radio frequencies and may permit increased spectrum sharing among multiple wireless networks."

The release also states that the FCC proposes "rule modifications that would facilitate deployment of next-generation Bluetooth devices, which operate at data rates up to three times faster than current devices. The rule changes would enable new devices to be backward compatible."

The FCC has not yet released the NPRM, or set deadlines for public comments. This is WT Docket No. 03-201.

9/14. Thursday, September 11, was the deadline to submit comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [PDF] that solicits "data and information on the status of competition in the market for the delivery of video programming for our tenth annual report".

Section 628(g) of the Communications Act requires the FCC to report annually to Congress on the status of competition in the market for the delivery of video programming.

Comcast submitted a lengthy comment [part 1; 42 pages in PDF] in which it wrote that "Multichannel video programming is delivered today by cable companies, two national direct broadcast satellite (``DBS´´´) providers (DIRECTV and DISH Network), broadband service providers (``BSPs´´) (.e.g., RCN, Knology, WideOpenWest, StarPower, Altrio, etc), satellite master antenna TV (``SMATV´´) providers, and wireless cable operators -- each of which offers consumers multiple programming packages and service options. Video programming is also available from over-the-air broadcasters, at movie theaters, on videotapes and DVDs (available for purchase or lease), and -- increasingly -- via streaming or downloadable video on the Internet."

Comcast asserted that "Today's multichannel video marketplace looks nothing like the one that Congress felt compelled to address by the combination of regulation and market-opening initiatives in the 1992 Cable Act. With Congress's decision in 1996 to emphasize a pro-competitive and deregulatory approach to the communications marketplace, American consumers have seen a veritable explosion of investment, innovation, channel capacity, new programming networks, and new choices."

Comcast asserted that it faces "significant competition" from DIRECTV and DISH Network, and that "multichannel video programming competition is a marketplace reality."

I recommends that the FCC "should now conclude that Congress' vision of a competitive marketplace is here and that the transition envisioned by the 1992 Cable Act is substantially complete. The state of multichannel video competition provides compelling reasons for Congress to allow the marketplace to work, and for the Commission to continue its efforts to reduce regulation of cable television services."

Cox Communications submitted a comment [27 pages in PDF] stating that "the video programming marketplace is highly competitive and the consumer benefits of that competition are unfolding at an explosive rate across a variety of markets." It notes that Cox competes with DirecTV and Echostar.

Cox adds that "competition in the video programming marketplace has had ripple effects that extend far beyond that marketplace. Cox has invested tens of billions of dollars over the past nine years clustering cable systems and upgrading them into advanced, two-way broadband platforms. As a result of this investment, Cox has been able not only to increase greatly the range of video service options that it offers to consumers; it also has launched new voice and data services that have been enthusiastically embraced in its markets. In fact, in less than six years, Cox has become the nation’s twelfth largest telephone company, with over one million residential access lines."

Cox blames "Soaring programming costs" for price increases.

See also, comment [PDF] of the National Cable & Telecommunications Association (NCTA)

The Satellite Broadcasting and Communications Association (SBCA) submitted a comment [PDF]. It stated that "Satellite delivered television service has grown from a niche market for technophiles to a viable alternative to cable for many consumers. In order for the satellite television providers to continue to offer consumers superior quality and programming, the Commission must craft and enforce regulations that protect and foster the competitive gains that have been made in the last decade. Outstanding issues surrounding the integrity of the DBS spectrum and the formulation of a fair regulatory environment during the transition to digital broadcasting are necessary for DBS to reach its full potential as a competitor to cable in the multichannel video market."

The Broadband Service Providers Association (BSPA) also submitted a comment [58 pages in PDF]. It wrote that "Unfortunately, incumbent cable operators have responded to the early success of BSPs by erecting and/or continuing to maintain significant barriers to entry. Incumbent cable operators continue to leverage vertical relationships and exploit regulatory loopholes to restrict competitive access to programming, and use their buying power to enforce exclusive agreements with unaffiliated programmers."

The BSPA urges the FCC "to begin to develop a broad technology and end-user device neutral perspective regarding access to content, which will ensure the continued development of competitive video and broadband markets."

The BSPA adds that "Other barriers to entry in the multichannel video market created and maintained by incumbent cable operators also remain. These include predatory and discriminatory pricing, exclusive arrangements for access to multi-tenant dwelling units, and outright manipulation of the local regulatory process to thwart competitive entry. At the same time, other barriers to entry and deployment also continue to persist. These include delays in addressing complaints pertaining to access to ILEC and utility poles, conduits, and rights-of-way; unreasonable local and municipal regulation of access to public rights-of-way; and an overly regulated OVS regime."

Qwest Communications, an incumbent local exchange carrier (ILEC) that also provides telephony based video services, also submitted a comment [17 pages in PDF]. Its affiliate, Qwest BSI, provides multi-channel video and high speed internet access service in several markets using VDSL technology, and thus competes with cable providers. It stated that "VDSL has the potential for being a viable alternative to traditional methods of delivering multi-channel video services such as cable television."

Qwest also wrote that "In regulatory terms, however, Qwest currently faces a lose-lose situation. Qwest BSI’s expansion has been slowed by regulatory uncertainty as to whether certain of its services will be regulated as "telecommunications services" under Title II of the Communications Act as well as be regulated as cable services under Title VI. Since cable providers are able to provide telephony services with less regulation, the service packages that Qwest and cable providers use to compete for customers are regulated in a highly disparate manner. Operating under heavier regulatory burdens increases Qwest BSI’s costs and sharply reduces its competitiveness. Qwest BSI also experiences a disadvantage in accessing programming, since it is a new market entrant."

Qwest concluded that the FCC "must resolve the current regulatory uncertainty under which incumbent LEC-affiliated companies like Qwest BSI are operating, reduce the asymmetric regulatory burdens that disadvantage them against their competitors, and take steps to prevent anticompetitive abuses by vertically-integrated cable providers in areas such as programming access."

A&E Television Networks, Inc. and the Courtroom Television Network submitted a comment [22 pages in PDF] in which they stated that "The statutory and regulatory favoritism bestowed upon broadcasters by granting them must carry entitlements and retransmission consent rights disproportionately affects non-favored programmers. To the extent the government seeks to make better decisions about how to ensure a fair and properly functioning market for video programming, it must critically examine the manner in which it confers regulatory advantages upon some market participants, as is the case with must carry mandates."

The Consumer Electronics Association (CEA) submitted a comment [10 pages in PDF] in which it stated that "The over-arching public policy issues related to competition in the video marketplace concern the transition from analog to digital by broadcasters."

Reply comments are due by September 26, 2003. This is MB Docket No. 03-172.

9/12. The General Accounting Office (GAO) released a report [52 PDF] titled "Information Technology: Departmental Leadership Crucial to Success of Investment Reforms at Interior". It concludes that the Department of the Interior (DOI), which spends about $850 Million per year on communications and computing projects and systems, "has limited capability to manage its IT investments".

The report also finds that the DOI "is carrying out few of the activities that support critical foundational processes".

The report continues that "the department has issued a Capital Planning and Investment Control Guide, which describes its approach to IT investment management. However, it has thus far implemented few of the processes described in its own guide. In addition, it has yet to develop an adequate approach to identify existing projects and systems. In order to ensure strong investment management at all levels, the department has also specified a requirement for certifying bureau-level investment processes, but certification has not yet begun. Finally, in order to strengthen the CIO’s ability to manage IT investments at all levels, the Secretary of the Interior has issued an order establishing the authority of the bureau-level CIOs; however, the order has not been fully implemented."

The GAO concludes that "Without a well-defined process improvement plan and controls for implementing it, Interior will continue to be challenged in its ability to make informed and prudent investment decisions."

The report was prepared for the House Appropriations Committee's Subcommittee on Interior and Related Agencies.

9/12. The AEI Brookings Joint Center for Regulatory Studies released a paper [53 pages in PDF] titled "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation". The paper finds that for some types of cases, but not all, a judge's ideology (as measured by the appointing President) affects that judge's vote on three judge panels. The paper is based upon an examination of 4,488 opinions in 13 categories of cases. The paper examined cases in areas such as abortion, capital punishment, and criminal appeals. But, the paper did not examine cases in the areas of patents, copyrights, communications, or other technology related areas. The paper was written by Cass Sunstein, David Schkade, and Lisa Michelle Ellman.

9/11. The Tribune Company filed a petition for review with the U.S. Court of Appeals (DCCir) of the Federal Communications Commission's (FCC) media ownership order. The Tribune, which owns newspapers and radio and TV stations, seeks seeks review of the broadcast ownership rules. This is just one of many petitions for review of this order that have been filed. This is Tribune Co. v. FCC, No. 03-1278.

9/12. Matthew Thomas Guevara plead guilty in U.S. District Court (NDIll) to wire fraud in violation of 18 U.S.C. § 1343. The U.S. Attorneys Office (WDWash) stated in a release that Guevara "operated a scheme to defraud customers of the Microsoft Network (MSN). He first created false email accounts with the Internet Service Provider Hotmail and an unauthorized website with the address www.msnbilling.com through the Internet Service Provider Yahoo! GUEVARA then sent MSN customers email messages, purporting to come from MSN, that directed the customers to the fraudulent www.msnbilling.com website and asked them to verify their accounts by providing their name, MSN account and credit card information. Each time a customer entered the information, the website automatically forwarded it to one of GUEVARA's false Hotmail accounts. GUEVARA used the stolen credit card information himself and provided it to another person as well." See also, Microsoft release.

9/15. The House is scheduled to consider HR 49, the "Internet Tax and Nondiscrimination Act", under suspension of the rules, on Wednesday or Thursday of this week. See, Republican Whip Notice.

This bill would permanently extend the moratorium on internet access taxes and multiple and discriminatory internet taxes that was created by the 1998 Internet Tax Freedom Act (ITFA). It would also eliminate the grandfather provision that allows states that had taxes in 1998 to continue those taxes.

It also contains an amendment offered by Rep. Mel Watt (D-NC) at the House Judiciary Committee mark up on July 16, 2003 that provides that the moratorium applies to telecommunications services, "to the extent such services are used to provide Internet access", thus clarifying that the ban on internet access taxes extends to broadband DSL and wireless services provided by phone companies or others.

The original moratorium lasted for three years. In 2001, the Congress extended the moratorium. It is currently set to expire on November 1, 2003.

The House is scheduled to consider HR 49 under suspension of the rules, meaning that the bill cannot be amended, and that a two thirds majority is required for passage.

See also, story titled "House Judiciary Committee Approves Internet Tax Bill", also published at in TLJ Daily E-Mail Alert No. 700, July 17, 2003; "Senate Commerce Committee Approves Bill to Extend Internet Tax Moratorium" in TLJ Daily E-Mail Alert No. 709, August 1, 2003; and "House Subcommittee Holds Hearing on Bill to Make Internet Tax Moratorium Permanent" in TLJ Daily E-Mail Alert No. 635, April 2, 2003.

9/11. The Federal Trade Commission (FTC) filed a complaint in U.S. District Court (DC) against Network Solutions, Inc., doing business as VeriSign Registrar, alleging deceptive or unfair acts or practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).

The complaint states that Network Solutions serves as an Internet Corporation for Assigned Names and Numbers (ICANN) accredited registrar of second level domain names for generic top level domains (gTLDs), such as .com, .net, and .org. Prior to 1999 it was the only registrar for gTLDs, but now has competition from over 100 other companies.

The complaint states that "Network Solutions mailed to consumers solicitations that appeared to be expiration notices/invoices from the consumers' then current registrars." The complaint states that these notices and invoices referenced "Expiration notice" and "EXPIRATION DEPARTMENT", and included reply dates.

The complaint further alleges that "In some instances, the listed reply dates on defendant's materials were unrelated to the actual expiration dates for consumers' domain name registrations, which may have been many months or even years in the future." Also, "In many instances, defendant's expiration notices/invoices failed to disclose clearly and conspicuously, or in some instances, completely failed to disclose, the actual expiration dates for consumer's domain names."

And in addition, the complaint alleges that "In many instances, consumers did not realize that by returning the expiration notices/invoices along with payment to ``renew´´ their domain name registrations they were, in fact, transferring their domain name registrations from their then-current registrars to Network Solutions -- often at significantly higher prices."

The one count of the complaint alleges that this was "false and misleading and constituted deceptive acts or practices in violation of Section 5(a) of the FTC Act".

The FTC wants the Court to permanently enjoin Network Solutions from further violation of the FTC Act, and to require that Network Solutions return money to consumers and rescind contracts.

This case is FTC v. Network Solutions, Inc. doing business as VeriSign Registrar, D.C. No. 03-CV-01907. The complaint was signed by Stephen Cohen and Eric Wenger of the FTC General Counsel's office.

See also, story titled "VeriSign Sued Over Domain Name Marketing" in TLJ Daily E-Mail Alert No. 439, May 29, 2002.

Recent additions are highlighted in red.

The House will meet in pro forma session only at 12:00 NOON. See, Republican Whip Notice.

The Senate will meet at 1:00 PM for morning hour, and at 2:30 PM for legislative business. It is scheduled to resume consideration of HR 2754, the FY04 Energy and Water Appropriations bill, and to debate a motion to go to Conference on S 3, the partial birth abortion bill.

? 8:30 AM. Robert Liscouski, Assistant Secretary for Infrastructure Protection at the Department of Homeland Security (DHS), will participate in a cyber security forum hosted by the Information Technology Association of America (ITAA). Location: J.W. Marriott Hotel.

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. RSVP to Frank Jazzo at jazzo@fhhlaw.com. 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.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider several non tech related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

TIME? The House Homeland Security Committee's (HHSC) Subcommittee on Cybersecurity, Science, Research, and Development will hold a hearing titled "The Invisible Battleground: How DHS Is Making America's Cyberspace More Secure". Robert Liscouski, Assistant Secretary for Infrastructure Protection at the Department of Homeland Security (DHS), will testify. Rep. Mac Thornberry (R-TX) will preside. Press contact: Lou Zickar at 202 225-3706. Location: Room 2118, Rayburn Building. The HHSC announced that the hearing will take place at 9:30 AM. The DHS announced that it will be at 2:00 PM.

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. Homeland Security Secretary Tom Ridge will address the Council for Excellence in Government. Location: Mayflower Hotel.

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.

2:30 PM. The Senate Judiciary Committee will hold a hearing on H1B visas. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

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.

The House will meet at 10:00 AM for legislative business. It may consider HR 49, the "Internet Tax and Nondiscrimination Act" under suspension of the rules. See, Republican Whip Notice.

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.

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing on HR __, the "International Consumer Protection Act of 2003". The hearing will be webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Commerce Committee will hold a hearing titled "Consumer Privacy and Government Technology Mandates in the Digital Media Marketplace". This hearing will examine "the consumer privacy implications of the use of subpoena powers by copyright holders to obtain the identities of Internet subscribers allegedly infringing on their copyrights" and "whether the government can mandate content protection technologies without limiting consumers' legal uses of digital media products". Press contact: Rebecca Hanks (McCain) 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Accounting under Sarbanes Oxley: Are Financial Statements More Reliable?" Location: Room 2128, Rayburn Building.

10:00 AM. Bill Maher, Bureau Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB), will host a "media briefing" to address "near-term issues in the wireline area". RSVP to Michael Balmoris at 202 418-0253 or Michael.Balmoris@fcc.gov. Location: FCC, 445 12th St., SW, Room TW A-402/A-442.

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.

11:00 AM. Sen. Hillary Clinton (D-NY), Rep. Richard Burr (R-NC), Rep. Anna Eshoo (D-CA), and United Way representatives, including actor George Clooney, will hold a press conference to announce the introduction of S __, the "Calling for 2-1-1 Act of 2003". Location: Room 236, Russell Building.

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.

1:30 PM. Speaker Denny Hastert (R-IL), Rep. Bob Goodlatte (R-VA) and other Republicans will hold a press conference to announce the guiding principles for the Republican High Tech Working Group for the 108th Congress. Location: Room HC-6, Capitol Building.

The House will meet at 10:00 AM for legislative business. It may consider HR 49, the "Internet Tax and Nondiscrimination Act" under suspension of the rules. See, Republican Whip Notice.

See, Republican Whip Notice.

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, agenda [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.

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

9:00 AM - 4:00 PM. the Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) National Science and Technology Council's (NSTC) Networking and Information Technology Research and Development (NITRD) Interagency Working Group will meet. RSVP is required in advance in order to make arrangements for a visitor's badge. For more information, contact Virginia Moore moore@nitrd.gov or 703 292-4873. Location: NSF, Stafford Building, 4201 Wilson Blvd., Arlington, VA.

12:00 NOON. The Cato Institute will host an panel discussion titled "Debunking Myths about the Media Ownership Debate". The speakers will be Richard Wiley (former Chairman of the FCC), James Quello (former Chairman of the FCC), and Harold Furchtgott-Roth (former Commissioner of the FCC). A luncheon will follow the program. Registration is required to attend. See, notice and registration page. For more information, contact: Krystal Brand at kbrand@cato.org. Location: Room B-369, Rayburn Building.

Day one of a three day conference titled "Telecommunications Policy Research Conference". See, conference agenda and registration form. Location: George Mason University School of Law, Arlington, VA.