6/10. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order and Further Notice of Proposed Rulemaking (RO & FNPRM) regarding rules for the 2495-2690 MHz band, which is currently used for Multipoint Distribution Service (MDS) and Instructional Television Fixed Service (ITFS). This is one of many proceedings in which the FCC is seeking to provide more avenues for broadband services.

The FCC issued a short release [3 pages in PDF] that describes this item and provides a band plan chart. Also, each of the five Commissioners issued a statement.

FCC Chairman Michael Powell wrote in his statement [PDF] that "We are witnessing the dawn of a new era for wireless broadband. Today's decision does away with heavy-handed rules that have governed the MDS/ITFS band (“2.5 GHz band”) for far too long. Freed from regulatory shackles, educational institutions will now have the flexibility to utilize their spectrum in the way most advantageous to the students and the public they serve."

Powell (at right) continued that "This Order gives ITFS and the newly named Broadband Radio Service (BRS) licensees new options for developing and deploying innovative technologies including low-power, mobile wireless broadband technologies. These systems will provide a competitive alternative to cable modem and DSL service and will transform the marketplace by expanding broadband rural areas and decreasing the price of current broadband services."

The FCC release summarizes the order. It states that the order "creates a new band plan for 2495-2690 MHz ... which eliminates the use of interleaved channels by MDS and ITFS licensees and creates distinct band segments for high power operations, such as one-way video transmission, and low power operations, such as two-way fixed and mobile broadband applications. By grouping high and low power users into separate portions of the band, the new band plan reduces the likelihood of interference caused by incompatible uses and creates incentives for the development of low power, cellularized broadband operations, which were inhibited by the prior band plan."

The release states that the order "renames the MDS service the Broadband Radio Service (BRS), while maintaining the ITFS label for ITFS licenses and operations."

The FCC release also states that "ITFS licenses in the new band plan will continue to be subject to existing rules that limit eligibility for licensing to qualified educational institutions. The Order also allows ITFS licensees to lease spectrum to BRS providers, provided they comply with existing educational content requirements, and grandfathers all existing MDS-ITFS leases."

Commissioner Michael Copps commented in a separate statement [PDF] that "most importantly, we resolve with finality the question of ITFS eligibility. ITFS licenses are, and will continue to be, reserved for educators. Uncertainty on all these matters has created a confusing environment for too long, and it has held back needed investment."

Commissioner Jonathan Adelstein wrote in his statement [PDF] that "we reaffirm today that there is a continued role for educators in this spectrum band. For forty years, ITFS providers have used this spectrum for educational programming. It would be wrong to phase out the role of educators at the same time we radically change the structure of the band."

The FCC release also states that the order "lifts all non-statutory eligibility restrictions on BRS spectrum, including those applicable to cable operators. However, the cable/BRS cross-ownership restriction prohibiting cable operators from providing multichannel video programming distribution (MVPD) services using BRS licenses, which is mandated by statute, will remain in effect."

The FCC release also states that the order "establishes simpler and more flexible rules for licensees, including geographic area licensing and the ability to employ the technology of their choice. In addition, the new rules allow for spectrum leasing under the FCC’s secondary market rules, but grandfather all existing leasing arrangements between MDS and ITFS licensees."

The release further states that the order "establishes a mechanism for transition from the existing band configuration to the new band plan. BRS and ITFS providers will have a three-year period during which they may propose transition plans for relocating existing facilities of all other licensees within the same Major Economic Area (MEA) to new spectrum assignments in the revised band plan. Plan proponents must notify all licensees in the MEA and file their plans with the Commission. This will trigger a 90-day Transition Planning Period during which licensees negotiate and coordinate their transition with other licensees in the MEA. Transitions to the new band plan must be completed within 18 months of the conclusion of negotiations."

Commissioner Adelstein (at left) wrote that "I am disappointed, though, that the Order moves forward with a transition process that is based on major economic areas (MEAs). The BRS and ITFS services are local services, and I believe that broadband deployment for the foreseeable future will be rolled out on a relatively localized basis. I am concerned that the obligation to transition an entire MEA will make it exceedingly difficult for proponents to effectuate transitions in their particular market."

The release states that the further NPRM portion of this item requests public comments on "alternative transition options for markets in which no transition plan is proposed within the initial three-year period", including "whether to accomplish the transition in such markets by offering existing licensees tradable instruments that they can use to bid for spectrum at auction".

Commissioner Kevin Martin wrote in a separate statement [PDF] that "I am optimistic that this spectrum will provide a home for last-mile broadband applications, providing competition to telephone and cable lines."

Commissioner Kathleen Abernathy wrote in her statement [PDF] that "These new policies will promote greater flexibility for the newly named Broadband Radio Service (BRS) licensees so that they can deploy new products, such as a third broadband pipe to the home, a mobile solution, a broadcast alternative, or some other service, as driven by the market. In addition, this order grants the educational community the same flexibility as commercial users in order to ensure that our nation’s educators have access to the most innovative technologies and services."

The rules announced in this item follow a proposal made by the Wireless Communications Association (WCA). See also, story titled "FCC Announces NPRM To Provide Flexibility To Users of MMDS/ITFS Spectrum" in TLJ Daily E-Mail Alert No. 624, March 17, 2003.

This item is FCC 04-135 in WT Docket 03-66.

6/10. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order, Fourth Report and Order and Further Notice of Proposed Rulemaking regarding spectrum sharing in the 1.6 and 2.4 GHz bands.

The FCC issued only a brief release [PDF] describing this item. It states that this item provides that, in the 1.6 GHz or L-band, "mobile-satellite service (MSS) operators with satellite systems that utilize code division multiple access (CDMA) and time division multiple access (TDMA) technologies will share 3.1 megahertz of spectrum at 1618.25–1621.35 MHz. Previously, only CDMA MSS operators had access to this spectrum."

In the 2.4 GHz or S-band, "the Commission allocated the 2495-2500 MHz band to fixed and mobile except aeronautical mobile services, in order to provide additional spectrum to the 2500-2650 MHz band to accommodate the relocation of MDS channels 1 and 2 under a band plan adopted today in a companion item in WT Docket No. 03-66 (FCC 04-135)."

See, preceding story on WT Docket 03-66 titled "FCC Adopts RO & NPRM Re ITFS/MDS". The FCC release [3 pages in PDF] that describes that yet to be released ITFS order states that that order "expands the original MDS-ITFS band by adding to it five megahertz of additional spectrum from below 2500 MHz, which increases the total size of the band to 194 megahertz. This will provide room for the future relocation of MDS Channels 1 and 2, which are presently located in the 2.1 GHz band."

The FCC release continues, "As a result, the Commission moved the band in which S-band MSS operators may provide ancillary terrestrial component (ATC) operations from 2492.5-2498 MHz to 2487.5-2493 MHz. CDMA MSS will continue to be permitted to operate in the 2495-2500 MHz band on a shared basis."

The FCC release also states that the further NPRM explores "whether CDMA and TDMA MSS operators feasibly could share an additional 2.25 megahertz of spectrum at 1616.0-1618.25 MHz."

This item is FCC 04-134 in IB Docket No. 02-364 and ET Docket No. 00-258.

6/10. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Inquiry (NOI) seeking information and comments for its 11th annual report to the Congress on the status of competition in the market for the delivery of video programming.

The Communications Act, as amended by the 1992 Cable Act, requires these annual reports. See, 47 U.S.C. § 548 (g). The FCC released its 10th annual report [146 pages in PDF] on competition in video markets on January 28, 2004.

The FCC issued a release describing this NOI. It states that the FCC seeks "comments and information on video distributors in the market for the delivery of video programming including those using both wireline and wireless technologies". It also states that the FCC seeks information regarding "horizontal concentration in the video marketplace, vertical integration between programming distributors and programming services, and other issues relating to the programming available to consumers". It also states that the FCC seeks "information on technical issues, including equipment and emerging services" and "comments regarding developments in foreign markets, as they may contribute to the FCC’s understanding of domestic markets".

FCC Commissioner Jonathan Adelstein wrote in a separate statement [PDF] that "last year that our Report suffered from both limited data and inadequate analysis", and that this NOI will provide for "a more pro-active and comprehensive information gathering effort".

FCC Commissioner Michael Copps wrote in a separate statement [PDF] that "I’m particularly pleased that we have a section that focuses on pertinent issues facing rural and smaller markets. It's also appropriate that the Commission branch out and report on the vertical integration between programmers and all major media companies."

This NOI is FCC 04-136 in MB Docket No. 04-227.

6/10. The Federal Communications Commission (FCC) released a quarterly report [22 pages in PDF] on informal inquiries and complaints that were processed by the FCC's Consumer & Governmental Affairs Bureau (CGB) during the fourth quarter of calendar year 2003.

There were a total of 174,708 complaints, pursuant to the FCC's current methodology for counting complaints.

The overwhelming majority of the complaints -- 146,268 -- pertained to obscenity and indecency on radio and television.

There is limited usefulness in comparing this report to prior quarterly reports. First, two types of consumer complaints reflect new rules -- those regarding the National Do Not Call Registry, and number portability. Second, the FCC has not counted broadcast indecency and obscenity complaints with a consistent methodology.

The FCC did not provide a breakdown of radio and TV complaints that includes subcategories for complaints about media consolidation, and localism. Nevertheless, there could not have been many complaints about these subjects, because there were only 135 other complaints pertaining to TV and radio.

There were 20,423 complaints pertaining to wireline services. 13,791 of these pertained to the Telephone Consumer Protection Act (TCPA). The TCPA subcategory includes complaints about junk faxes, violation of the Do Not Call rules, and time of day violations; however, the FCC report provided no further breakdown.

1,369 of the wireline services complaints addressed slamming, or the unauthorized switching of long distance carriers. 4,077 complaints pertained to billing and rates.

There were 8,512 complaints regarding wireless services. 2,940 were about billing and rates. 3,447 were about number portability. It should be noted that the counting of these complaints did not begin until late November of 2003, which was well into the quarter.

There were only 185 complaints pertaining to cable services.

The FCC also provided data on consumer inquiries. The most numerous were in the subcategories of slamming and the TCPA.

6/9. The Federal Communications Commission (FCC) released a Consent Decree [11 pages in PDF] (and order approving the Consent Decree) with Clear Channel Communications, and its subsidiaries, that resolves all pending Notices of Apparent Liability, FCC Enforcement Bureau investigations, and third party complaints, pertaining to the broadcast of obscene, indecent or profane material.

The Consent Decree recites that "Clear Channel represents that it has adopted, and is currently in the process of implementing, a company-wide compliance plan for the purpose of preventing the broadcast of material violative of the Indecency Laws."

The Consent Decree also states that "Clear Channel admits, solely for the purpose of this Consent Decree and for FCC civil enforcement purposes ... that the broadcast material at issue in the NALs and certain of the broadcast material at issue in the Inquiries is indecent in violation of 47 C.F.R. § 73.3999 ..."

Finally, the Consent Decree provides that "Clear Channel shall make a voluntary contribution to the United States Treasury in the amount of ... $1,750,000 ..." See also, FCC release [PDF].

FCC Chairman Michael Powell wrote in a separate statement that this is "the highest enforcement-related payment to the Treasury by a broadcaster in Commission history".

Rep. Joe Barton (R-TX), the Chairman of the House Commerce Committee stated in a release that "Clear Channel deserves praise for recognizing the problem of indecency on the public airwaves and for moving to deal with it convincingly. The recent settlement with the FCC is significant, and it demonstrates that at least one media company is taking its obligation to serve the public interest seriously." He added that "I hope that other media companies will take note and act appropriately."

6/10. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM) that proposes to establish mandatory electronic filing of all international telecommunications service submissions. The FCC issued a release [PDF] describing this NPRM. It states that the proposed rules would apply to "all accounting rate changes, requests for assignment of data network identification codes, foreign carrier notifications, applications related to section 214 authorizations, applications related to submarine cable landing licenses, requests for recognized operating agency status, requests for assignment of an international signaling point code and other associated filings." This NPRM is FCC 04-133 in IB Docket 04-226.

6/10. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order, Order on Reconsideration and Further Notice of Proposed, regarding the provisions, regulations, and compensation of telecommunications relay service (TRS) for persons with hearing and speech disabilities. This item is FCC 04-137 in CC Docket Nos. 90-571, 98-67, and 03-123.

6/11. Federal offices are closed on Friday, June 11. See, calendar. The Federal Communications Commission (FCC) added that "All filings, paper and electronic, due on June 11, 2004, will be accepted as timely on the next official business day. In addition, June 11, 2004 does not count in computing periods that are less than seven days. See C.F.R. Section 1.4(g)." See, FCC release.

6/9. The Senate Judiciary Committee held a hearing titled "DHS Oversight: Terrorism and Other Topics". Secretary of Homeland Security Tom Ridge testified regarding numerous subjects, including extending the provisions of the PATRIOT Act that are scheduled to sunset, and cyber security.

He wrote in his prepared testimony that "I so strongly support the President’s call for Congress to renew those provisions of the Patriot Act that will otherwise expire next year. These tools are important as we build more integrated and coordinated homeland security, intelligence, and law enforcement communities."

He also identified "which targets might be most attractive to terrorists". These include "key resources and sectors such as the Internet, telecommunications, nuclear and chemical facilities, water, energy, and transportation systems, banks and financial centers, and national -- or natural -- monuments, icons, and treasures."

On the subject of cyber security, he stated that "just last month, we discovered a critical vulnerability in some of the routers that control much of the global Internet infrastructure. If exploited, this security gap could have caused a large-scale disruption to the operation of the Internet, impacting the economy and security of the United States and nations around the world. However, DHS, in cooperation with several private sector firms and government agencies, was able to quickly disseminate a warning and patch for this vulnerability through the U.S. Computer Emergency Readiness Team -- or U.S. CERT. In this case, we reduced a global security risk in a matter of hours."

6/9. The Senate Commerce Committee held a hearing titled "Completing the Digital Television Transition". See, opening statement of Sen. John McCain (R-AZ), the Chairman of the Committee. See also, prepared testimony of Rep. Jane Harman (D-CA) regarding public safety and interoperability. See also, prepared testimony of Kenneth Ferree (Chief of the Federal Communications Commission's Media Bureau), prepared testimony of John Lawson (Association of Public Television Stations), prepared testimony of Michael Calabrese (New America Foundation), prepared testimony of Patrick Gelsinger (Intel), and prepared testimony [MS Word] of Thomas Hazlett (Manhattan Institute).

6/9. The Senate Foreign Relations Committee held a hearing titled "Evaluating International Intellectual Property Piracy". See, opening statement [2 pages in PDF] of Sen. Richard Lugar (R-IN), the Chairman of the Committee, and opening statement [2 pages in PDF] of Sen. Joe Biden (D-DE), the ranking Democrat on the Committee. See also, prepared testimony [13 pages in PDF] of Jack Valenti (Motion Picture Association of America), prepared testimony [12 pages in PDF] of Mitch Bainwol (Recording Industry Association of America), prepared testimony [8 pages in PDF] of Robert Holleyman (Business Software Alliance), and prepared testimony [11 pages in PDF] of Douglas Lowenstein (Entertainment Software Association).

6/10. AT&T and numerous competitive local exchange carriers (CLECs) filed a pleading [68 pages in PDF] with the Supreme Court titled "Application of AT&T Corp. et al., for Stay Pending Resolution of Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit".

The applicants seek "an order staying the mandate" of the U.S. Court of Appeals (DCCir) in USTA v. FCC. The March 2, 2004, opinion [62 pages in PDF] of the DC Circuit overturned key provisions of the FCC's triennial review order [576 pages in PDF], which addressed the unbundling requirements of incumbent local exchange carriers (ILECs) under 47 U.S.C. § 251.

This opinion is also known as USTA II. It is also reported at 359 F.3d 554. The DC Circuit's 2002 opinion in USTA I overturned the FCC's previous unbundling order. It is also reported at 290 F.3d 415.

Previously, on June 4, 2004, the Court of Appeals denied a request for a stay of the mandate of USTA II. The mandate of the Court of Appeals is schedule to issue on June 16, 2004. Petitions for writs of certiorari are due by June 30, 2004.

The present application asserts that "A stay of this decision is necessary to preserve the status quo and avoid the irreparable harm that would result to state utility commissions and to CLECs if the court of appeals' mandate were to take effect during the brief period required for this Court to review and resolve the petitions for certiorari."

It further asserts that the Appeals Court "holdings conflict both with prior decisions of this Court and with decisions of other courts of appeals. Further, the D.C. Circuit's decision will cripple the administration of the 1996 Act ..."

It also predicts that "four members of this Court are likely to decide to review". The application states that the Supreme Court "has twice granted certiorari when courts of appeals invalidated the FCC's implementing regulations and adversely affected interests of state commissions and CLECs."

However, it is also the case that the Supreme Court denied certiorari the last time that the DC Circuit overturned the FCC's unbundling rules.

Also, the likelihood that the Supreme Court will vote to grant certiorari was lessened on June 9, when the Solicitor General, Ted Olson, announced that he will not appeal in this case. See, story titled "Solicitor General Will Not Seek Supreme Court Review in USTA II" in TLJ Daily E-Mail Alert No. 915, June 10, 2004.

The likelihood that the Supreme Court will grant certiorari was further lessened on June 9 when FCC Commissioner Kevin Martin announced that "Because the Solicitor General decided not to support the FCC's appeal, I no longer support appealing the D.C. Circuit's decision." That is, the majority of the FCC Commissioners now oppose seeking certiorari.

Background on the Certiorari Process. There is no general right of appeal to the Supreme Court. Review by the Supreme Court in this matter lies within the discretion of the Supreme Court. A petition for writ of certiorari is essentially a request to the Supreme Court that it review a lower court, or state court, opinion. The Supreme Court grants certiorari if four out of the nine Justices vote to grant certiorari.

The Supreme Court will shortly go on its summer recess. Its next conference for voting on pending petitions for writ of certiorari is likely to be in late September.

Supreme Court Justices, legal scholars, and attorneys who practice before the Supreme Court have said and written much about the criteria that Justices follow in deciding whether or not to grant certiorari. Among the criteria that have been enumerated are the importance of the case, whether or not there is a split between the circuits, whether the opinion below is contrary to a Supreme Court opinion, and the position taken by the Solicitor General.

For a discussion of the certiorari process, see Chief Justice William Rehnquist's book titled The Supreme Court: How It Was: How It Is [Amazon], at Chapter 11, "Certiorari: Picking the Cases to Be Decided".)

The House will not meet.

The Senate will not meet.

President Bush issued an Executive Order stating that "All executive departments, independent establishments, and other governmental agencies shall be closed on June 11, 2004, as a mark of respect for Ronald Reagan, the fortieth President of the United States." It adds that "this order shall not apply to those offices and installations, or parts thereof, in the Department of State, the Department of Defense, the Department of Justice, the Department of Homeland Security, or other departments, independent establishments, and governmental agencies that the heads thereof determine should remain open for reasons of national security or defense or other essential public business." See also, memorandum of the Office of Personnel Management (OPM). The Securities and Exchange Commission (SEC) added in a release that its "EDGAR filing system will not accept filings on Friday, June 11".

8:30 AM - 3:00 PM. George Mason University Law School (GMULS) will host a conference titled "The Law and Economics of Cyber Security". The speakers (and their affiliations and topics), include Bruce Kobayashi (GMULS, The Law & Economics of Cybersecurity), Yochai Benkler (Yale LS, Distributed Social Provisioning of Redundant Critical Infrastructures), Randy Picker (University of Chicago LS, Raising Transaction Costs and Network Security: Of Heterogeneity and Autarchy), Jack Goldsmith and Tim Wu (University of Virginia LS, Internet Jurisdiction over Crime and Terrorism). Joel Trachtman (Tufts LS, Global Cybersecurity, Jurisdiction, and International Organization), Amitai Aviram (Florida State University, A Paradox of Spontaneous Formation), Eric Posner and Doug Lichtman (University of Chicago LS, National versus International Regulation), and Neal Katyal (Georgetown LS, The Dark Side of Private Ordering for Cybersecurity). See, conference brochure [PDF]. Location: GMULS, 3301 North Fairfax Drive, Arlington, VA.

POSTPONED TO JUNE 15. 10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR __, the "Junk Fax Prevention Act of 2004". The hearing will be webcast. See, notice. Location: Room 2123, Rayburn Building.

Day one of a two day conference titled "SecurE-biz.net Security Summit". Prices to attend vary. For more information, contact John Weiler at 703 768-0400 or john@ICHnet.org. Location: Marriott Metro Center, 775 12th St., NW.

The House will meet at 12:30 PM.

The Senate will meet at 1:00 PM for morning business. It will then resume consideration of S 2400, the Department of Defense authorization bill for FY 2005.

The Supreme Court will return from a recess that it began on Monday, June 7, 2004.

2:00 - 5:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. For more information, contact Jane Mago at 202 418-2030 or Maureen McLaughlin at 202 418-2030. See, FCC notice [PDF] and notice in the Federal Register, May 6, 2004, Vol. 69, No. 88, at Pages 25390 - 25391. Location: FCC, 445 12th Street, SW.

5:00 PM. The House Ways and Means Committee will meet to mark up HR 4520, the "American Jobs Creation Act of 2004". This bill would, among other things, replace the ETI/FSC tax regimes. Press contact: 202-225-8933. See, notice. Location: Room 1100, Longworth Building.

6:30 - 8:30 PM. The National Press Club (NPC) will host an event titled "Cybersecurity: The Threat and the Response". The speakers will be Wilson Dizard (Senior Editor, Government Computer News), Bob Dix (House Government Reform Committee's Technology and Information Policy Subcommittee), Richard Forno, and Hun Kim (Department of Homeland Security's National Cyber Security Division). Prices vary. For more information, call 202 662-7129. Location: NPC, 529 14th St., NW.

6:30 - 8:30 PM. The DC Bar Association's Arts, Entertainment and Sports Law Section will host a panel discussion titled "D.C. Confidential: Does The First Amendment Protect A Journalist's Conversations With A Source? A Roundtable Debate". Prices vary. See, notice. For more information, contact 202 626-3463. Location: National Press Club, Holeman Lounge, 13th Floor, 529 14th Street, NW.

8:00 AM - 3:00 PM. The Information Technology Association of America (ITAA) will host a conference on radio frequency identification (RFID), titled "ITAA RFID Forum: Business and Policy Considerations". See, notice. Prices vary. For more information, contact Eerik Kreek at 703 284-5316 or ekreek@itaa.org. Location: J.W. Marriott Hotel.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR __, the "Junk Fax Prevention Act of 2004". The hearing will be webcast. Location: Room 2322, Rayburn Building.

10:00 AM. The House Ways and Means Committee's Subcommittee on Social Security will hold a hearing titled "Enhancing Social Security Number Privacy". See, notice. Location: Room B-318, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing on the nomination of Alan Greenspan to be Chairman of the Federal Reserve Board. Greenspan will be the only witness. See, notice. Location: undisclosed.

10:00 AM. The Senate Finance Committee will hold a hearing to examine U.S. Australia and U.S. Morocco free trade agreements. Location: Room 215, Dirksen Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing to examine S 2324, the "Visa Waiver Program Compliance Amendments of 2004", a bill to extend the deadline on the use of technology standards for the passports of visa waiver participants. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

TIME CHANGE. 11:00 AM. The House Financial Services Committee will meet to complete its mark up of HR 3574, the "Stock Option Accounting Reform Act". Location: Room 2128, Rayburn Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) program titled "National Security Review of Telecommunications and Internet Transactions". This program will address both the review processes of the Federal Communications Commission (FCC) and the Committee on Foreign Investment in the U.S. (CFIUS). The speakers will include Patrick Kelly (Deputy General Counsel of the Federal Bureau of Investigation), Gay Sills (Director, Office of International Investment, Department of the Treasury), Jeanne Archibald (Hogan & Hartson), Kristen Verderame (BT Americas Inc.), and Joel Winnik (Hogan and Hartson). To register, contact Wendy Parish at wendy@fcba.org. Location: Hogan & Hartson, 555 13th Street, NW.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking regarding the proper disposal of consumer report  information and records. See, notice in the Federal Register, April 20, 2004, Vol. 69, No. 76, at Pages 21387 - 21392.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking regarding the identity theft provisions of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). See, notice in the Federal Register, April 28, 2004, Vol. 69, No. 82, at Pages 23369 - 23378.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding presubscribed interexchange carrier (PIC) change charge policies. This NPRM is FCC 04-96 in CC Docket No. 02-53. See, notice in the Federal Register, May 26, 2004, Vol. 69, No. 102, at Pages 29913 - 29917.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:30 AM. The Senate Commerce Committee will hold a hearing on S 2281, the "VOIP Regulatory Freedom Act of 2004", sponsored by Sen. John Sununu (R-NH). Location: Room 253, Dirksen Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several judicial nominees: Richard Griffin (to be a Judge of the U.S. Court of Appeals for the 6th Circuit), David McKeague (6th Circuit), Virginia Covington (Middle District of Florida). Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

10:30 AM. The House Ways and Means Committee will hold a hearing titled "Implementation of the U.S.-Australia Free Trade Agreement". See, notice. Press contact: 202 225-1721. Location: Room 1100, Longworth Building.

10:45 AM - 12:15 PM. The Business Software Alliance (BSA) will host an event titled "2004 Business Software Alliance CEO Forum Policy Roundtable". The speakers will be Robert Holleyman (BSA), James Glassman (AEI), Bruce Chizen (Adobe) David Krall (Avid), Greg Bentley (Bentley Systems), Dale Fuller (Borland), Bill Conner (Entrust), Dominique Goupil (Filemaker), Tom Noonan (Internet Security Systems), Steve Ballmer (Microsoft), George Samenuk (McAfee), Art Coviello (RSA Security), John McEleney (SolidWorks), John Thompson (Symantec), and Gary Bloom (Veritas). The BSA's notice states that this event "is open to the media". For more information, contact Jeri Clausing at jeric@bsa.org or 202 530-5127. Location: Room 106, Dirksen Building.

Deadline for the Federal Trade Commission (FTC) to submit its report to the Congress regarding a National Do Not E-mail Registry. Section 9 of S 877, the "Controlling the Assault of Non-Solicited Pormography and Marketing Act of 2003" (CAN-SPAM Act), requires the FTC to write this report. See, story titled "FTC Announces CAN-SPAM Act Rulemaking" in TLJ Daily E-Mail Alert No. 855, March 15, 2004.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rule Making (FNPRM) and Notice of Inquiry (NOI) regarding digital audio broadcasting (DAB). This item is FCC 04-99 in MB Docket No. 99-325. See, story titled "FCC Announces FNPRM and NOI Regarding Digital Audio Broadcasting" in TLJ Daily E-Mail Alert No. 878, April 16, 2004, and notice in the Federal Register, May 17, 2004, Vol. 69, No. 95, at Pages 27874 - 27885.

8:30 AM - 1:30 PM. The Cato Institute will host an event titled "The Law and Economics of File Sharing & P2P Networks" The speakers will include Jack Valenti (Motion Picture Association of America). See, notice. The event will be webcast. Lunch will be served. Free. Location: Cato, 1000 Massachusetts Ave., NW.

8:30 AM - 1:00 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:00 AM. The Senate Governmental Affairs Committee will hold a hearing titled "Buyer Beware: The Danger of Purchasing Pharmaceuticals Over The Internet". See, notice. Location: Room 342, Dirksen Building.

RESCHEDULED FROM JUNE 9. 9:30 AM. The House Commerce Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Problems with the E-rate Program: Waste, Fraud, and Abuse Concerns in the Wiring of Our Nation's Schools to the Internet". The hearing will be webcast. See, notice. Location: Room 2322, Rayburn Building.

9:30 AM. The Senate Foreign Relations Committee will hold a hearing on several treaties, including the Council of Europe Convention on Cybercrime. The witnesses will be Michael Schmitz (Bureau of Customs and Border Protection, Department of Homeland Security), Bruce Swartz (Criminal Division, Department of Justice), and Samuel Witten (Department of State). See, notice. Location: Room 419, Dirksen Building.

Day one of a three day event titled "China-U.S. Telecommunications Summit". See, NTIA notice and TIA notice. Location: Chicago, Illinois.

9:00 AM - 4:00 PM. The Federal Communications Commission (FCC) Consumer Advisory Committee (CAC) will meet. See, notice and agenda [4 pages in PDF] and notice in the Federal Register, May 27, 2004, Vol. 69, No. 103, at Pages 30293 - 30294. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th Street, SW.

The Defense Science Board Task Force on Global Positioning System will hold a closed meeting to discuss Galileo and other future radio navigation satellite systems. See, notice in the Federal Register, May 18, 2004, Vol. 69, No. 96, at Pages 28125 - 28126. Location: Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA.

Day two of a three day event titled "China-U.S. Telecommunications Summit". See, NTIA notice and TIA notice. Location: Chicago, Illinois.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of propose rulemaking (NPRM) regarding imposing mandatory minimum Customer Account Record Exchange (CARE) obligations on all local and interexchange carriers. This item is FCC 04-50 in CG Docket No. 02-386. See, notice in the Federal Register, April 19, 2004, Vol. 69, No. 75, at Pages 20845 - 20851.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft [91 pages in PDF] of Special Publication 800-58, titled "Security Consideration for Voice Over IP Systems". Submit comments to Rick Kuhn at sp800-58@nist.gov.