1/8. The Federal Communications Commission (FCC) released the agenda for its meeting of Thursday, January 15. The agenda does not include consideration of any actions in rule making proceedings. Rather, the meeting "will focus on presentations by senior agency officials regarding implementations of the agency’s strategic plan and a comprehensive review of FCC policies and procedures."

There will be five panel presentations. The first panel will be the Managing Director and the Chief of the Office of Strategic Planning and Policy Analysis.

The second panel will include the Chiefs of the Enforcement Bureau (EB) and the Consumer and Governmental Affairs Bureau (CGAB). The third panel will include the Chiefs of the Office of Engineering and Technology (OET), the Wireless Telecommunications Bureau (WTB), and the International Bureau (IB).

The fourth panel will include the General Counsel and the Director of the Office of Communications Business Opportunities (OCBO). The fifth panel will include the Chiefs of the Wireline Competition Bureau (WCB) and the Media Bureau (MB).

The meeting will be at 9:30 AM in the FCC's Commission Meeting Room, TW-C305, at 445 12th Street, SW. The meeting will be open to the public and webcast.

1/5. The Federal Communications Commission (FCC) filed its brief [9 pages in PDF] with the U.S. Court of Appeals (9thCir) in opposition to the National League of Cities' petition for rehearing en banc in Brand X v. FCC.

The FCC previously filed its own petition for rehearing. See, story titled "FCC Files Petition for Rehearing En Banc in Brand X Case" in TLJ Daily E-Mail Alert No. 793, December 5, 2003.

On October 6, 2003 a three judge panel of the Court of Appeals issued its opinion [39 pages in PDF] vacating the FCC's declaratory ruling that cable modem service is an information service, and that there is no separate offering as a telecommunications service. The FCC adopted this Declaratory Ruling and Notice of Proposed Rulemaking [75 pages in PDF] at its March 14, 2002 meeting. This is FCC 02-77 in Docket No. 00-185 and Docket No. 02-52.

This October 6 opinion interferes with the FCC's attempt to pursue policies that it believes will promote broadband deployment, and development of services, such as voice over internet protocol, that depend on broadband access. This opinion is published at 345 F.3d 1120.

See also, story titled "9th Circuit Vacates FCC Declaratory Ruling That Cable Modem Service is an Information Service Without a Separate Offering of a Telecommunications Service" in TLJ Daily E-Mail Alert No. 754, October 7, 2003, and story titled "Reaction to 9th Circuit Opinion in Brand X Internet Services v. FCC" in TLJ Daily E-Mail Alert No. 756, October 9, 2003.

The FCC wants to treat cable modem service as an information service for regulatory purposes. Brand X, Earthlink, and other internet service providers (ISPs) want cable modem service classified in part as a telecommunications service. This would subject cable modem service to regulation on a common carriage basis, and thus, force cable broadband providers to let other ISPs use their facilities.

The National League of Cities and others who represent local governmental entities want cable modem service to be classified in part as a cable service. This would give local franchising authorities regulatory control over cable broadband providers that operate within their jurisdictions.

The just filed FCC brief responds to the arguments of the National League of Cities that the Court of Appeals should rehear en banc the issue of whether cable modem service is a cable service. The FCC argues that the Communications Act defines cable service as "one-way transmission", while internet access is not one way.

1/8. The State Department issued a statement regarding negotiations between the U.S. and the European Commission (EC) regarding the U.S.'s Global Positioning System (GPS) and the EU's Galileo.

Both GPS and Galileo are satellite based radionavigation systems. The GPS currently uses at least 24 satellites. Galileo is currently being planned. It may use 30 medium orbit satellites.

The State Department wrote that "During the last year the United States and the European Commission (EC) have had productive policy and technical discussions that have moved both sides closer to agreement regarding GPS and Galileo cooperation. At talks in November 2003 in The Hague, Netherlands, the European Commission proposed a signal structure for Galileo's Public Regulated Service that would resolve U.S. concerns relating to adverse impacts to allied military operations."

The State Department added that "The next round of discussions, scheduled for the end of January in Washington, will address similar factors concerning Galileo's Open Service (OS) signal structure, as well as other related civil use issues."

It concludes that the U.S. and the EC "are engaged in negotiations on an agreement to establish a mutually beneficial cooperative relationship between the U.S. Global Positioning System (GPS) and Europe's planned Galileo satellite navigation system. The United States hopes to ensure that GPS and Galileo are compatible and that their civil services are interoperable, thereby maximizing potential benefits for all civil users of satellite navigation services. An agreement on GPS/Galileo cooperation should also allow the Galileo program to meet its performance requirements while protecting U.S. and NATO national security requirements through signal separation between Galileo's services and the GPS military service (M-Code)."

1/8. Robert Tanner was named was named Legal Counsel to the Bureau Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB). He will advise the Bureau Chief, William Maher, on competition, broadband deployment and advanced services issues. Tanner was previously an Attorney-Advisor in the WCB's Competition Policy Division where he was a team leader for the Triennial Review Order and the Verizon Pennsylvania Section 271 Order. He also worked on proceedings examining the regulatory treatment of interexchange services provided by incumbent local exchange carriers (ILECs). Tanner also previously worked for the law firm of Davis Wright Tremaine. See, FCC release [PDF].

1/8. Paul Garnett was named Legal Counsel to the Bureau Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB). He will advise the Bureau Chief, William Maher, on universal service, numbering, and other matters. Garnett was previously the WCB's Acting Assistant Chief of the Telecommunications Access Policy Division, with responsibility for issues relating to the receipt of universal service support in competitive areas, the payment of universal service contributions, and the high-cost universal service support mechanisms.

1/8. Bobby Franklin was named Vice President of Government Affairs for the Cellular Telecommunications & Internet Association (CTIA), effective January 20. He was previously Vice President, Federal Government Affairs and head of ALLTEL's Washington DC office. See, CTIA release.

1/8. John Walls was named Vice President of Communications for the Cellular Telecommunications & Internet Association (CTIA), effective February 23, 2004. Walls is currently a television news anchor for the NBC affiliate KJRH-TV in Tulsa, Oklahoma. Before that, he was an anchor for Fox Sports Net in Los Angeles from 1996 to 2000. He has worked in broadcasting since 1978. See, CTIA release. Steve Largent, the P/CEO of the CTIA, previously represented Tulsa in the House of Representatives.

1/8. The Office of the U.S. Trade Representative (USTR) announced that Korea will be elevated from the Watch List to the Priority Watch List as a result of the findings of the Special 301 Out-of-Cycle Review. The USTR stated that this review "found that growth of online music piracy has caused serious economic damage to both domestic and foreign recording companies, and continued piracy of U.S. motion pictures in Korea has resulted in millions of dollars in lost revenues for U.S. and Korean copyright holders." See, USTR release [PDF].

1/8. The National Telecommunications and Information Administration (NTIA) announced that it will hold a two two conference on February 10-11, 2004 titled "Public Safety Spectrum Management Forum". See, notice.

1/9. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register that contains President Bush's memorandum titled "Memorandum for the Heads of Executive Departments and Agencies" regarding "Spectrum Policy for the 21st Century". President Bush issued the memorandum on May 29, 2003, and the White House Press Office released it on June 5, 2003. See, stories titled "Bush Issues Spectrum Policy Memorandum" and "Reaction to the President's Spectrum Memorandum" in TLJ Daily E-Mail Alert No. 675, June 6, 2003. The May 29, 2003 memorandum directs the Secretary of Commerce to publish the memorandum in the Federal Register.

12/31. The U.S. Court of Appeals (7thCir) issued its opinion [10 pages in PDF] in Eco v. Honeywell, a case in which a company whose patent protection has run out has sought continuing protection under trademark law. Honeywell and Eco both make thermostats. Honeywell obtained patents, but they expired long ago. Honeywell then sought, and eventually obtained, trademark protection, based upon the shape of its thermostat. Eco filed a complaint in U.S. District Court (SDInd) against Honeywell seeking a declaratory judgment that its product would not infringe Honeywell's intellectual property rights. Honeywell filed a counterclaim seeking equitable relief. This appeal is from the District Court's order declining to issue a preliminary injunction that would block Eco from bringing its product to market. The Appeals Court affirmed. This case is Eco Manufacturing, LLC v. Honeywell International, Inc., U.S. Court of Appeals for the 7th Circuit, No. 03-2704, an appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, D.C. No. 1:03-CV-0170-DFH, Judge David Hamilton presiding.

12/31. The U.S. Court of Appeals (5thCir) issued its opinion [21 pages in PDF] in DP Solutions v. Rollins, a breach of contract and tortious interference with contract case involving the development of a new computer system. The Court of Appeals affirmed in part, vacated in part, and remanded in part. This case is DP Solutions, Inc. v. Rollins, Inc., U.S. Court of Appeals for the 5th Circuit, No. 02-41357, an appeal from the U.S. District Court for the Eastern District of Texas.

The House is in adjournment. (It will convene on January 20, 2004.)

The Senate is in adjournment. (It will convene on January 20, 2004.)

The Supreme Court is in recess. (It will return on January 12, 2004.)

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fujitsu Compound Semiconductor v. U.S., No. 03-1293. Location: Courtroom 201, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a luncheon. Mark Rubin (Western Wireless) and Marie Gillory (National Telephone Cooperative Association) will speak on universal service and the distribution of funding in rural areas. The price to attend is $15. RSVP to Wendy Parish at wendy@fcba.org by 5:00 PM on Wednesday, January 7. For more information, contact Laura Phillips at 202 842-8891 or lphillips@dbr.com. Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

EXTENDED TO JANUARY 23. Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking [35 pages in PDF] regarding unlicensed devices. See, notice in the Federal Register, December 10, 2003, Vol. 68, No. 237, at Pages 68823 - 68831. The FCC adopted this NPRM on September 10, 2003. See, FCC release [PDF]. The FCC released the NPRM [35 pages in PDF] on September 17, 2003. This NPRM is FCC 03-223 in ET Docket No. 03-201. See also, stories titled "FCC Announces NPRM Regarding Unlicensed Devices" in TLJ Daily E-Mail Alert No. 739, September 15, 2003, and "FCC Announces Deadlines for Comments on Unlicensed Devices NPRM" in TLJ Daily E-Mail Alert No. 800, December 16, 2003.

The Supreme Court will return from the recess that it began on December 15, 2003.

The Supreme Court will hear oral argument in Nixon v. Missouri Municipal League, and related petitions, regarding 47 U.S.C. § 253(a) and state statutes that prohibit political subdivisions from offering telecommunications services. See, story titled "Supreme Court Grants Certiorari in Nixon v. Missouri Municipal League" in TLJ Daily E-Mail Alert No. 687, June 25, 2003, and "Briefs Filed With Supreme Court in Nixon v. Missouri Municipal League" in TLJ Daily E-Mail Alert No. 776, November 11, 2003. Location: 1 First St., NW.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS), which is also known as the Bureau of Export Administration (BXA), regarding its notice of proposed rulemaking (NPRM) regarding amending the Export Administration Regulations (EAR) to implement a revised version of the BIS's Simplified Network Application Processing (SNAP+) system. This proposed rule also would mandate use of SNAP+ for all filings of Export License applications (except Special Comprehensive Licenses), Reexport Authorization requests, Classification requests, Encryption Review requests, and License Exception AGR notifications, unless the BIS authorizes paper filing for a particular user or transaction. See, notice in the Federal Register, November 12, 2003, Vol. 68, No. 218, at Pages 64009-64023.

9:00 AM. The North American Numbering Council (NANC) will meet. See, notice in the Federal Register, December 2, 2003, Vol. 68, No. 231, at Page 67441. Location: FCC, 445 12th Street, SW, Room TW-C305.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Carol De La Hunt v. FCC, No. 03-1029. Judges Edwards, Roberts and Williams will preside. Location: 333 Constitution Ave. NW.

3:00 - 6:00 PM. The National Infrastructure Advisory Council (NIAC) will meet. The NIAC advises the President on the security of information systems for critical infrastructure supporting other sectors of the economy, including banking and finance, transportation, energy, manufacturing, and emergency government services. For more information, contact Nancy Wong at 202 482-7488. See, notice in the Federal Register, December 24, 2003, Vol. 68, No. 247, at Pages 74624 - 74625. Location: Room 207, Washington Convention Center, 801 Mount Vernon Place, NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a Continuing Legal Education (CLE) program titled "FCC Equipment Regulation". The speakers will be Henry Goldberg (Goldberg Godles), Mitchell Lazarus (Fletcher Heald & Hildreth), Richard Fabina (FCC's Office of Engineering and Technology), Cathy Zima (FCC's Wireline Competition Bureau), and Brian Butler (FCC's Enforcement Bureau). The prices to attend range from $50 to $125. For more information, contact Mitchell Lazarus at 703 812-0440 or lazarus@fhhlaw.com. See, notice. Location: Skadden Arps, 700 14th Street, NW, 11th Floor.

12:30 PM. Federal Communications Commission (FCC) Chairman Michael Powell will give a luncheon speech. For information about prices and reservations, call 202 662-7501. Location: Ballroom, National Press Club, 529 14th St. NW, 13th Floor.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Report and Order Further Notice of Proposed Rulemaking [72 pages in PDF] in its proceeding titled "In the Matter of Digital Broadcast Content Protection". This item is FCC 03-273 in MB Docket 02-230. This FNPRM seeks comment regarding a permanent approval mechanism for content protection and recording technologies to be used in conjunction with device outputs. For more information, contact Rick Chessen rchessen@fcc.gov or Susan Mort at smort@fcc.gov or 202-418-7200.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding digital plug and play compatibility. The FCC announced its Second Report and Order and Second Further Notice of Proposed Rulemaking at its September 10, 2003 meeting. See, story titled "FCC Adopts Digital Plug and Play Cable Compatibility Rules" in TLJ Daily E-Mail Alert No. 737, September 11, 2003. The notice in the Federal Register states that the NPRM seeks public comments "on the mechanisms and standards by which new connectors and associated content protection technologies can be approved for use with unidirectional digital cable products". It further seeks comments on "the potential extension of digital cable system transmission requirements to digital cable systems with an activated channel capacity of 550 MHz or higher; whether it is necessary to require consumer electronics manufacturers to provide pre-sale information to consumers regarding the functionalities of unidirectional digital cable televisions; and whether the Commission should ban or permit the down-resolution of non-broadcast MVPD programming." This item is FCC 03-225 in CS Docket 97-80 and PP Docket 00-67. See, notice in the Federal Register, November 28, 2003, Vol. 68, No. 229, at Pages 66776 - 66781.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding revisions to the FCC's high cost universal service support mechanism. This is FCC 03-249 in CC Docket No. 96-45. This is also known as the "10th Circuit Remand". See, notice in the Federal Register, December 15, 2003, Vol. 68, No. 240, at Pages 69641 - 69647. See also, stories titled "FCC Announces Order on Remand Regarding High Cost Universal Service Support Mechanism" in TLJ Daily E-Mail Alert No. 761, October 20, 2003, and "FCC Publishes Notices Regarding 10th Circuit Universal Service Remand" in TLJ Daily E-Mail Alert No. 800, December 16, 2003.

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

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Advanced Communications Corp. v. FCC, No. 03-1082. Judges Rogers, Garland and Williams will preside. Location: 333 Constitution Ave. NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) in response to its Change Notice [2 pages in PDF] regarding Federal Information Processing Standard (FIPS) 180-2, the Secure Hash Standard. Comments should be addressed to ebarker@nist.gov. See also, FIPS 180-2 [75 pages in PDF], released on August 1, 2002.