| 
        
          | 
              
                | Bush Continues To Address Broadband in 
Campaign Speeches |  
                | 5/4. President Bush continues to give speeches in which he 
advocates widespread deployment of broadband technologies. He made a campaign 
trip to the state of Ohio on Tuesday, May 4. He gave a
speech 
at a breakfast in Maumee, Ohio in which he said that "In order to make sure people are 
able to find work and America is the leading country in the world when it comes 
to economic growth, we need to promote an innovation society. We need to make 
sure we're on the leading edge of innovation. I'm a strong supporter in research 
and development. I believe there ought to be broadband technology in every home 
by the year 2007. And shortly thereafter, there ought to competing services so 
you get a better price and better quality. Broadband technology is going to be 
one of the important parts about changing America and to make sure we're on the 
leading edge." Then, he gave a
speech 
in Dayton, Ohio in which he said that "Government must put good policy in place 
that encourages the spread of innovative technology. My dream is for everybody 
in America to have broadband technology in their home by the year 2007. This is 
-- broadband technology, if done right, is going to revolutionize education and 
health care. It will make this society more entrepreneurial, make the people of 
America more productive." He added that "We had a good break. The Senate passed a 
moratorium on access taxes to broadband. My view is there ought to be not any 
taxes on broadband. If you want it to spread across the country, don't tax it." On Thursday, April 29 the Senate passed an amended version of
S 150, 
the "Internet Tax Non-discrimination Act of 2003". See,
text of 
bill as enacted by the Senate. See also, story titled "Senate Passes 
Weakened Version Internet 
Non-discrimination Act" in TLJ Daily E-Mail Alert No. 889, May 3, 2004. Finally, Bush stated, "Plus we got to get rid of regulatory 
hurdles so that it spreads around. Innovative society -- an innovative society 
is one that's necessary for us to compete, but there are -- there are problems 
with an innovative society." |  |  
          |  |  
          | 
              
                | Senate Commerce Committee Holds Hearing on 
Extending SHVIA |  
                | 5/4. The Senate 
Commerce Committee held a hearing on reauthorization of the Satellite 
Home Viewers Improvement Act of 1999. Sen. John McCain (R-AZ), 
the Chairman of the Committee, wrote in his
opening statement the SHVIA did not go "far enough in promoting regulatory 
parity and encouraging the growth of satellite delivered television programming 
against the entrenched cable monopoly. As we now look to reauthorize SHVIA, I 
believe we must keep the goal of real regulatory parity in mind." He continued that "This time around Congress must ensure satellite operators 
have the right tools to bring robust competition to the video subscription 
market, which will lead to more programming options and lower prices for 
consumers. Additionally, Congress must review SHVIA in light of the looming 
transition to digital television and ensure that cable and satellite operators 
can provide consumers with outstanding high definition digital television 
content to facilitate this transition."  Sen. 
Ernest Hollings (D-SC) (at right), the 
ranking Democrat on the Committee, wrote in his
opening statement that "it is my hope we will be able to move quickly in a 
bipartisan fashion to extend expiring provisions. I hope we can make other 
changes to serve the public interest, specifically preserving consumer access to 
community-oriented programming and providing satellite operators with proper 
incentives to expand their current offering of local broadcast channels in a 
non-discriminatory manner to all 210 television markets."
 See also, prepared testimony of witnesses:
Charlie 
Ergen (Ch/CEO of Echostar), 
Jim 
Yager (CEO of Barrington Broadcasting Company), 
Eddy 
Hartenstein (Ch/CEO of DirecTV),
Araceli 
De Leon (Telemundo Communications), and 
Gigi Sohn [PDF] 
(Public Knowledge). |  |  
          |  |  
          | 
              
                | Privacy Groups 
Argue that All Google Gmail Users May Be Criminals |  
                | 5/3. Several groups continued their assault upon Google's proposed Gmail 
service, asserting privacy concerns. The 
Electronic Privacy Information Center (EPIC), the 
Privacy Rights Clearinghouse, and the 
World Privacy Forum wrote a
letter to
Bill Lockyer, the Attorney General of the 
state of California, asserting that "Gmail violates California Penal Code § 631, 
which governs eavesdropping on confidential communications." Not only do these 
groups argue that Google may be in violation of California law -- they also argue that 
"Users of the Service Could be Civilly and Criminally Liable" under § 631. § 631 provides, in part, that "Any person who, by means of any machine, 
instrument, or contrivance, or in any other manner, intentionally taps, or makes 
any unauthorized connection, whether physically, electrically,
acoustically, inductively, or otherwise, with any telegraph or telephone wire, 
line, cable, or instrument, including the wire, line, cable, or instrument of 
any internal telephonic communication system, or who willfully and without the 
consent of all parties to the communication, or in any unauthorized manner, 
reads, or attempts to read, or to learn the contents or meaning of any message, 
report, or communication while the same is in transit or passing over any wire, 
line, or cable, or is being sent from, or received at any place within this 
state; or who uses, or attempts to use, in any manner, or for any purpose, or to 
communicate in any way, any information so obtained, or who aids, agrees with, 
employs, or conspires with any person or persons to unlawfully do, or permit, or 
cause to be done any of the acts or things mentioned above in this section, is 
punishable by a fine not exceeding two thousand five hundred dollars ($2,500), 
or by imprisonment in the county jail not exceeding one year, or by imprisonment 
in the state prison, or by both a fine and imprisonment in the county jail or in 
the state prison." See, text of
§§ 630-637.9. Google's Gmail is a new free browser based e-mail service that provides users 
with one gigabyte of storage space, which is far more than any other free e-mail service. 
In addition, Google's equipment scans e-mail messages, searches for key words, 
and then displays targeted advertisements with e-mail messages in the browser. Google 
further states that no person reads the messages. EPIC and other groups assert that this violates California's illegal wiretap 
statute. EPIC argues that "California Penal Code § 631 establishes expansive 
protections for ``communications,´´ which clearly includes e-mail messages. 
Specifically, § 631(a) prohibits a broad range of activities where any person 
attempts to extract the meaning or content of a communication without consent of 
all the parties to the communication". EPIC continues that "Google is willfully and without consent of all the 
parties to a communication extracting the content of messages in targeting 
contextual marketing. The action is willful because Google's Gmail was 
intentionally designed to engage in e-mail scanning. Google has failed to gain 
the consent of all parties to the communication because individuals directing 
e-mail to the gmail.com domain have no way of knowing that the company is 
extracting content from the messages, or consenting to such scanning. Finally, 
scanning the text of e-mails for marketing placement constitutes an attempt to 
"learn the contents or meaning" of the communication. Google depends on the 
actual content of the communication to make decisions regarding which marketing 
offers to display." Then, EPIC argues that Google users too could be in violation of the statute. 
It wrote that "Section § 631(a) specifies that any person who ``cause[s] to be 
done any of the acts or things mentioned above in this section, is punishable by 
a fine not exceeding two thousand five hundred dollars ($ 2,500), or by 
imprisonment in the county jail not exceeding one year, or by imprisonment in 
the state prison, or by both a fine and imprisonment in the county jail or in 
the state prison.´´ Accordingly, if Google's Gmail violates § 631, its users 
could also be held liable." See also, stories titled  "Google's New Free E-Mail Service Starts 
Privacy Debate" in TLJ Daily E-Mail Alert No. 870, April 6, 2004; "Privacy 
Groups Request That Google Suspend Its New Free Gmail Service" in TLJ Daily E-Mail 
Alert No. 872, April 8, 2004; and "EPIC Inquires About Use of Google 
Technologies by FBI" in TLJ Daily E-Mail Alert No. 889, May 3, 2004. |  |  
          |  |  
          | 
              
                | Groups Oppose Fraudulent Online Identity 
Sanctions Act |  
                | 5/4. The American Civil Liberties Union 
(ACLU) and other groups sent a
letter [2 
pages in PDF] to the Rep. James 
Sensenbrenner (R-WI) and Rep. John 
Conyers (D-MI), asking that the 
House Judiciary Committee delay its markup of
HR 3754, 
the "Fraudulent Online Identity Sanctions Act". The Committee has 
scheduled a meeting to mark up several bills, including HR 3754, 
on Wednesday, May 5 at 10:00 AM. Rep. Sensenbrenner is the Chairman of the Committee. 
Rep. Conyers is the ranking Democrat on the Committee. The five signatories are groups with a history, to varying degrees, 
of supporting lessened legal protection of intellectual property. They are the 
American Civil Liberties Union (ACLU), 
American Library Association (ALA), 
Center for Democracy and Technology (CDT), 
Electronic Frontier Foundation (EFF), and 
Public Knowledge. The letter states that "The WHOIS database requires that 
individual Internet users, when they register domain names, make their names, 
home addresses, home phone numbers, and home e-mail addresses available to the 
world, with no privacy protections. Users covered by this requirement include 
human rights activists, corporate whistleblowers seeking to avoid retribution, 
and ordinary Americans seeking to avoid spam, stalking, or identity theft. As 
long as WHOIS lacks safeguards to protect their privacy and security these users 
will feel compelled to place inaccurate data in the database for reasons that 
have nothing to do with furtherance of illegal activity." Summary of HR 3754. Rep. 
Lamar Smith (R-TX) and Rep. Howard 
Berman (D-CA), the Chairman and ranking Democrat on the Subcommittee on 
Courts, the Internet and Intellectual Property, introduced this bill on February 
3, 2004. It addresses the registration of domain names with false information. For 
example, law enforcement authorities use the Whois database  to identify and locate 
people who use web sites to commit crimes. False registration information makes 
identifying the fraud artists more difficult. False registration information also makes it harder for trademark holders to 
pursue cybersquatters who register domain names that infringe their trademarks. 
False registration information also makes it harder for copyrights holders and 
manufacturers to locate online infringers and online sellers of counterfeit 
goods. The bill as introduced creates no new civil or criminal prohibition of 
registering a domain name with false information. Nor does it impose any 
requirements upon domain name registrars to verify domain name registration 
information, to refuse to register domain names when it knows that the 
registration information is false, or to cancel registrations made with false 
registration information. Rather, the bill adds new civil remedies and criminal penalties for violation 
of existing statutes, where the violation also involves registering a domain 
name with false information. For example, it amends the Copyright Act to provide 
that, for the purpose of calculating statutory damages for infringement, the 
infringement shall be considered willful if the infringement also involves 
registering a domain name with false information. See, story titled "Representatives Introduce Bill to Deter Domain Name Fraud" 
and "House Subcommittee Holds Hearing on False Domain Name Registration Data" in
TLJ Daily E-Mail 
Alert No. 830, February 5, 2004. Summary of ACLU Letter. The letter of the ACLU and others argues that 
the changes proposed by the bill "would chill speech online". It provides two examples. First, "an online activist or whistleblower accused 
of infringing a trademark in the course of criticizing a company would be 
subject only to an injunction. Under HR 3754, he or she would face substantial 
monetary penalties, including all plaintiff’s attorney's fees." The letter does not name any actual cases in which intellectual property laws 
were used to suppress web publication of copyrighted materials or registered 
trademarks. However, it could have cited Ford Motor Company v. Robert Lane 
d/b/a Warner Publications, U.S. District Court for the Eastern District of 
Michigan, D.C. No. 99-74205. See, District Court
opinion. The letter might also have cited Intellectual Reserve, Inc. v. Utah 
Lighthouse Ministry, Inc., Jerald Tanner, Sandra Tanner, et al., U.S. 
District Court for the District of Utah, Case No. 2:99-CV-808C. See,
TLJ case summary 
and preliminary 
injunction order. However, in neither of these cases did the  website publishers 
seek to conceal their identity. Second, the letter states that "the author of an anonymous web 
log who innocently quotes a portion of a news article that a judge later decides 
to be too long to qualify for ``fair use´´ protection would be considered an 
``innocent infringer´´ and subject to reduced statutory damages. Under H.R. 
3754, the same ``blogger´´ would face damages up to $150,000 and potential 
criminal liability." The letter concludes that "Domain name holders who submit 
inaccurate WHOIS data: 1) on the basis of bona fide concerns with privacy, or 2) 
to protect their legitimate rights to anonymous free speech,
should not be branded criminals. 
Time is needed to address these serious concerns, which have not yet received 
adequate consideration. The undersigned groups ask that HR 3754 be held pending 
a further hearing or deliberation on its potential unintended consequences for 
privacy and speech online." (Emphasis in original.) The letter does not contain any recommendations regarding how 
the bill might be amended to address any of the concerns raised in the letter. Judge Posner. Use of intellectual property laws to suppress corporate 
criticism or whistleblowing often involves asserting copyright in unpublished 
documents that are not intended for publication. The plaintiffs alleged such in 
both the Ford and Intellectual Reserve cases. Currently, the 
courts extend full copyright protection to unpublished works not intended for 
publication. See, 
Salinger v. 
Random House, 811 F.2d 90 (2nd Cir. 1989) and New Age Publications v. 
Henry Holt, 873 F.2d 576 (2nd Cir. 1989). Judge 
Richard Posner of the U.S. Court of 
Appeals (7thCir) recently wrote that these cases were incorrectly decided, 
and that extending such protection suppresses truthful information that is 
relevant to matters of public interest. See, Landes and Posner,
The Economic Structure of Intellectual Property Law, at Chapter 5. Posner and Landes do not go on to address domain name 
registrations in this context. Nevertheless, if the courts, or the Congress, 
were to follow the recommendation that copyright protection not extend to 
unpublished works not intended for publication, or if the fair use defense in 
this situation were enhanced, then corporate critics who obtain and publish 
corporate documents online would have much less to fear from providing accurate 
information when registering their domain names. |  |  |  | 
        
        
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                | Washington Tech Calendar New items are highlighted in red.
 |  |  
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                | Wednesday, May 5 |  
                | The House will meet at 10:00 AM for legislative 
  business. See,
  Republican Whip 
  Notice. The Senate will meet at 9:30 AM for morning 
  business. It will then resume consideration of 
  S 1637, the 
  FSC/ETI bill. 9:00 AM - 12:00 PM. The Telecommunications 
  Service Priority System Oversight Committee will meet. See,
  
  notice in the Federal Register, April 16, 2004, Vol. 69, No. 74, at Page 
  20636. Location: 701 South Courthouse Road, Arlington, VA. 9:30 AM - 3:00 PM. The
  American Enterprise Institute (AEI) will 
  host an event titled "Sarbanes-Oxley: A Review". At 12:15 PM, the 
  luncheon speaker will be Dell CEO Kevin Rollins. See,
  
  notice. Location: AEI, 12th floor, 1150 17th St., NW. 10:00 AM. The
  House Judiciary Committee will 
  meet to mark up various bills and resolutions. The agenda includes 16 items. 
  The Committee is unlikely to complete this agenda in one meeting. The agenda 
  includes HR 3754, 
  the "Fraudulent Online Identity Sanctions Act",
  HR 1731, 
  the "Identity Theft Penalty Enhancement Act", 
  S 1301, 
  the "Video Voyeurism Prevention Act of 2003" (see also
  HR 2405),
  HR 1302, 
  the "Federal Courts Improvement Act of 2003",
  HR 3632, 
  the "Anti-counterfeiting Amendments of 2003", and
  HR 338  
  the "Defense of Privacy Act". The meeting will be webcast by the Committee. 
  Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, 
  Rayburn Building. 11:00 AM - 12:00 NOON. The
  Electronics Industry Association (EIA) will host 
  an event titled "Creating a National Technology Strategy: EIA to Present 
  Six-Part Playbook Addressing the Future of the U.S. High-Tech Innovation Economy". 
  See, notice. 
  For more information, contact Neil Gaffney at 703 907-7792 or
  Ngaffney@eia.org. Location: Room HC 5, 
  Capitol Building. 12:00 NOON. The 
  Federal Trade Commission (FTC) will hold a press conference to announce 
  its first enforcement action targeting violations of the National Do Not Call 
  Registry. The FTC 
  notice states that "Reporters unable to attend the event may 
  call in. Dial-in Number: 1-800-955-9331. Confirmation Number: 23744877. 
  Chairperson: Bruce Jennings. The lines, which are for press only, will open at 
  11:45 a.m." Location: Room 432, FTC Headquarters, 
  600 Pennsylvania Ave., NW. 12:15 - 1:45 PM. The Center for Democracy and 
  Technology (CDT) 
  will host a brown bag lunch titled "South Korea's 2nd Net Election -- The 
  Screen Shots" and "US Election 2004 Online -- A Virtual Civil War?". RSVP by 
  12:00 NOON on Tuesday, May 4 to ari@cdt.org 
  or 202 637-9800. Location: CDT, 1634 I St., NW. Deadline to submit reply comments to the
  Federal Communications Commission (FCC) in 
  response to its  
  
  Notice of Inquiry and Notice of Proposed Rulemaking (NOI & NPRM) [31 pages 
  in PDF] regarding the interference temperature method of quantifying 
  and managing interference among different services. See,
  
  notice in the Federal Register, January 21, 2004, Vol. 69, No. 13, at 
  Pages 2863 - 2870. This NOI/NPRM is FCC 03-289 in ET Docket No. 03-237. See 
  also, stories titled "FCC Announces NOI/NPRM on Interference Temperature 
  Model" in TLJ 
  Daily E-Mail Alert No. 779, November 14, 2003, and "FCC Releases NOI/NPRM 
  on Interference Temperature Approach" in
  TLJ Daily E-Mail 
  Alert No. 789, December 1, 2003. |  |  
          |  |  
          | 
              
                | Thursday, May 6 |  
                | The House will meet at 10:00 AM for legislative 
  business. It may consider HR 4227, the "Middle-Class Alternative Minimum 
  Tax Relief Act of 2004". It may also consider several non-technology related 
  items under suspension of the rules. See,
  Republican Whip 
  Notice. 9:30 AM. The
  Senate Judiciary Committee will 
  hold an executive business meeting. See,
  notice. 
  Location: Room 226, Dirksen Building. 9:30 AM. The
  House Commerce Committee's 
  Subcommittee on Telecommunications and the Internet will hold a hearing titled 
  "The 'Dot Kids' Internet Domain: Protecting Children Online". The 
  hearing will be webcast. Press contact:  Jon Tripp (Barton) at 202 225-5735 or 
  Sean Bonyun (Upton) 202 225-3761. See,
  notice. Location: Room 
  2123, Rayburn Building. 10:00 AM. The 
  House Judiciary 
  Committee's Subcommittee on Courts, the Internet, and Intellectual Property 
  will hold meet to markup the Committee Print of the "Satellite Home Viewer Extension and 
  Reauthorization Act of 2004". The meeting will be webcast by the 
  Committee. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. 
  Location: Room 2141, Rayburn Building. 10:00 AM. The
  House Commerce Committee's 
  Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing 
  titled "Online Pormography: Closing the Doors on Pervasive Smut". The 
  hearing will be webcast by the Committee.
  Rep. Cliff Stearns (R-FL) will 
  preside. Press contact: Samantha Jordan (Barton) at 202 225-5735 or Paul 
  Flusche (Stearns) at 202 225-5744. Location: Room 2322, Rayburn Building. 2:30 PM. The Senate Judiciary 
  Committee will hold a hearing on the nomination of 
  Jonathan Dudas 
  to be Under Secretary of Commerce for Intellectual Property and Director of the
  U.S. Patent and Trademark Office (USPTO). 
  See, notice. Location: 
  Room 226, Dirksen Building. Day one of a two day conference hosted by the
  Computer Law Association titled "2004 
  World Computer and Internet Law Congress". Prices vary. See,
  event brochure 
  [PDF]. Location: Park Hyatt, 1201 24th Street, NW. Deadline to submit comments to the
  Federal Communications Commission (FCC) in response 
  to its notice of proposed rulemaking (NPRM) regarding the provision of international 
  telecommunications service. This NPRM is FCC 04-40 in IB Docket No. 04-47. See,
  
  notice in the Federal Register, March 22, 2004, Vol. 69, No. 55, at Pages 
  13276 - 13278. |  |  
          |  |  
          | 
              
                | Friday, May 7 |  
                | 9:00 AM - 1:00 PM. The Federal 
  Communications Commission's (FCC) Internet 
  Policy Working Group (IPWG) will hold its second "Solutions Summit". 
  This summit will focus on disability access issues associated with internet 
  protocol technologies. See,
  agenda 
  [PDF]. Location: FCC, 445 12th St., SW. 10:00 AM - 4:00 PM. The Department of 
  Commerce's (DOC) National Medal of Technology Nomination Evaluation 
  Committee will hold a closed meeting to discuss the relative merits of persons 
  and companies nominated for the medal. See,
  
  notice in the Federal Register, April 19, 2004, Vol. 69, No. 75, Page 
  20863. Location: Room 4813, DOC, 1401 Constitution Ave., NW. 12:15 PM. The Federal Communications Bar 
  Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The 
  topic will be "The Role of In House Counsel". The speakers will be Susan 
  Fox (Disney), Phil Passanante (RCN), Doug Brandon (AT&T Wireless), and Lon Levin 
  (XM Satellite Radio). For more information, contact Chris Fedeli at
  cfedeli@covad.net or Tony Lin at 
  tony.lin@shawpittman.com. Location: 
  Shaw Pittman, 2300 N Street, NW, Conference 
  Room. 12:15 PM. The Federal 
  Communications Bar Association's (FCBA) Wireless Committee will host a luncheon 
  titled "Hot Topics for NTIA". The speaker will be 
  
  Michael Gallagher (acting head of the 
  National Telecommunications and Information Administration), and NTIA staff. 
  The price to attend is $15.00. FCBA
  registration form [PDF] 
  required. Location: Sidley Austin, 1501 K 
  Street, NW, 6th floor. Day two of a two day conference hosted by the
  Computer Law Association titled "2004 
  World Computer and Internet Law Congress". Prices vary. See,
  event brochure 
  [PDF]. Location: Park Hyatt, 1201 24th Street, NW. Deadline to submit requests 
  to the Federal Trade Commission (FTC) to participate 
  as a panelist in its June 21, 2004 workshop on the uses, efficiencies, and implications 
  for consumers associated with radio frequency identification (RFID) technology. 
  See, FTC web page for this 
  workshop, and
  
  notice in the Federal Register, April 15, 2004, Vol. 69, No. 73, at Pages 
  20523 - 20525. |  |  
          |  |  
          | 
              
                | Monday, May 10 |  
                | 1:30 - 3:30 PM. 
  Federal Communications Commission's (FCC) World RadioCommunication 2007 
  (WRC-07) Advisory Committee's Informal Working Group on Broadcasting and Amateur 
  Issues will meet. See, FCC
  notice 
  [PDF]. For more information, contact Ben Fisher at 202 663-8154. Location: 
  Shaw Pittman, 2300 N Street, NW. POSTPONED TO JUNE 14. 2:00 PM. The 
  Federal Communications Commission's (FCC) Advisory Committee on Diversity 
  for Communications in the Digital Age will meet. Location: FCC, 445 12th 
  Street, SW. Deadline to submit comments to the
  Federal Communications Commission (FCC) in 
  response to its Notice of Inquiry (NOI) regarding deployment of advanced 
  telecommunications capability to all Americans in a reasonable and timely 
  fashion, and possible steps to accelerate such deployment. The FCC is required 
  by Section 706 of the Telecommunications Act of 1996 to provide an annual 
  report to the Congress on this subject. See,
  
  notice in the Federal Register, April 8, 2004, Vol. 69, No. 68, at Pages 
  18508 - 18515. This is GN Docket No. 04-54. Deadline to submit comments to the
  Federal Communications Commission (FCC) in 
  response to its notice of proposed rulemaking (NPRM) regarding the Emergency 
  Alert System (EAS). See,
  
  notice in the Federal Register, April 9, 2004, Vol. 69, No. 69, at Pages 
  18857 - 18859. Deadline to reply submit comments to the
  Federal Communications Commission (FCC) in 
  response to its Notice of Inquiry (NOI) requesting data and information on the 
  status of competition in the Commercial Mobile Radio Services (CMRS) industry 
  for the FCC's Ninth Annual Report and Analysis of Competitive Market 
  Conditions with Respect to Commercial Mobile Services. This NOI is FCC  
  04-38 in WT Docket No. 04-111. See,
  
  notice in the Federal Register, April 23, 2004, Vol. 69, No. 79, at Pages 
  22032 - 22042. Deadline to submit reply comments to the 
  Federal Communications Commission (FCC) in response 
  to its Second Further Notice of Proposed Rule Making (NPRM) regarding two 
  plans that propose establishing optional alternative regulation mechanisms for 
  rate-of-return carriers. See,
  
  notice in the Federal Register, March 24, 2004, Vol. 69, No. 57, at Pages 
  13794 - 13803. |  |  
          |  |  
          | 
              
                | Tuesday, May 11 |  
                | 9:00 AM - 1:30 PM. The
  American Enterprise Institute (AEI) will host an 
  event titled "How Well Does U.S. Government Broadcasting Work in the Middle 
  East?" There will be two panel discussions, titled "The Role of 
  Broadcasting in Public Diplomacy" and "How Do We Measure Success?". 
  Then, Rep. Frank Wolf (R-VA), the Chairman 
  of the House Appropriations Committee's Subcommittee on Commerce, Justice, State and 
  the Judiciary will deliver the luncheon keynote address. See,
  
  notice and registration page. Location: AEI, 12th floor, 1150 17th St., 
  NW. 12:15 PM. The Federal 
  Communications Bar Association's (FCBA) Cable Practice and Legislative Committees 
  will host a brown bag lunch. The speakers will be Neil Fried (Majority Counsel 
  for the House Commerce Committee's 
  Subcommittee on Telecommunications and the Internet), and Gregg Rothschild 
  (Minority Counsel for House Commerce Committee). For more information, contact 
  Cathy Bohigian (Legal Advisor to FCC Commissioner Kevin Martin) at
  catherine.bohigian@fcc.gov. 
  RSVP to Wendy Parish at wendy@fcba.org. 
  Location: Willkie Farr & Gallagher, 1875 
  K Street, NW. Day one of a two day convention hosted by the
  Computer & Communications Industry 
  Association (CCIA) titled "Washington Caucus". Prices vary. See,
  registration 
  page. Location: St. Regis Hotel. |  |  
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          | 
              
                | People and Appointments |  
                | 5/4. SBC Communications named Randall Stephenson Chief Operating 
Officer. In addition, SBC named Rick Lindner Chief Financial Officer 
(CFO). He was previously CFO of Cingular Wireless, of which SBC is the part 
owner. See, SBC
release. 5/3. Mary Greczyn was named Executive Director of Freedom 
Technologies, Inc. She previously wrote about wireless and spectrum issues 
for Communications Daily. Freedom Technologies is a Washington DC based 
telecommunications consulting firm. Its principals include Janice Obuchowski 
and Albert Halprin. |  |  
          |  |  
          | 
              
                | More News |  
                | 5/5. Twenty executives of television programming companies wrote 
a 
letter [3 pages in PDF] to members of Congress urging the Congress "to 
oppose legislative proposals to require cable and satellite providers to offer 
programming on an a la carte basis or 
dictate the terms of private contracts between program networks and multichannel 
video distributors, including terms regarding the packaging and marketing of 
programming." The signatories, which include representatives of the 
National Geographic Channel, Disney, MTV, VH1, BET, and A&E, are all women.  
The letter further implies that gender is relevant to 
this policy debate. The letter further argues that "Government efforts to 
dictate how our programming is packaged or marketed would be bad for consumers 
because it would give them less choice and less diversity in programming, 
and it would increase the price they would pay for this inferior set of 
offerings." 5/3. Federal Communications Commission (FCC) Commissioner
Michael Copps gave a
speech [8 pages in PDF] in Washington DC. He addressed at length media 
consolidation and the public interest in terms that he has used frequently 
before. He stated that "What I see at this particular 
Commission is a tectonic shift in policy-making across the whole wide range of 
media and telecommunications issues that are under our jurisdiction. It is a 
shift in decidedly the wrong direction. We are endangering competition by 
putting too much power into the hands of too few people." He also briefly 
touched on digital television and radio, multicasting, and lower power FM. 5/5. The Executive Office of the President's (EOP)
Office of Management and Budget 
(OMB) published a
notice in the Federal Register that contains, and requests comments on, a draft 
report of it Small Business Paperwork Relief Act Task Force. This draft report makes 
recommendations concerning the improvement of electronic dissemination of 
information collected under federal requirements. It also contains a plan to develop an 
interactive government wide internet program to identify applicable collections 
and facilitate compliance. Comments are due by June 4, 2004. See, Federal 
Register, May 5, 2004, Vol. 69, No. 87, at Pages 25147 - 25157. 5/4. The Department of Justice 
(DOJ) published in its web site its
complaint 
against Bill 
Gates alleging violation of the Hart-Scott-Rodino Act of 1976 in 
connection with his purchase of securities in the ICOS 
Corporation, a drug company based in Washington state. The DOJ also 
published its Motion 
for Entry of Judgment and a
Stipulation. |  |  
          |  |  
          | 
              
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