12/3. President Bush signed S 150, the "Internet Tax Nondiscrimination Act". See, White House release. The original moratorium, contained in the Internet Tax Freedom Act (ITFA), was enacted in late 1998. It was extended in 2001. The extended moratorium expired on November 1, 2003. The present bill extends the moratorium through November 1, 2007, but creates many new exceptions to the moratorium.

The original ITFA used short and simple terms. The key language (Section 1101(a) of the ITFA, codified at 47 U.S.C. 151 note) provided as follows:

  "(a) Moratorium.--No State or political subdivision thereof shall impose any of the following taxes during the period beginning on October 1, 1998, and ending 3 years after the date of the enactment of this Act--
    (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and
    (2) multiple or discriminatory taxes on electronic commerce."

Thus, it was a moratorium on taxes on internet access, and multiple or discriminatory taxes on e-commerce; it lasted for three years; and it grandfathered existing taxes that were "generally imposed and actually enforced".

The bill just approved by the Congress, and signed by the President, is long and complex. It contains a four year extension. One year has already run; it applies retroactively applies back to November 1, 2003. The extension is until November 1, 2007.

The bill also adds numerous exceptions to the moratorium. For example, it creates exemptions for state and federal universal service programs, 911 and E911 programs, and VOIP services. It expands the grandfather provisions. It also carves out a special exemption for the state of Texas' municipal access line fee.

Background and Legislative History. The 1998 ITFA imposed a temporary ban on taxes on internet access, and multiple or discriminatory taxes on e-commerce, subject to a grandfather clause. It expired in 2001. But, the Congress approved the Internet Non-Discrimination Act (INDA) in late 2001. It extended the ban of the ITFA through November 1, 2003. This extension has expired. There has been no moratorium in effect for over one year.

On September 17, 2003, the House passed HR 49, its version of the "Internet Tax Non-discrimination Act". It was a simple bill. It made the ban of the ITFA permanent. It also eliminated the grandfather clause. Finally, it provided that the moratorium applies to telecommunications services, "to the extent such services are used to provide Internet access".

See, story titled "Rep. Cox and Sen. Wyden Introduce Bill to Make Permanent Net Tax Ban" in TLJ Daily E-Mail Alert No. 580, January 10, 2003; story titled "House Subcommittee Holds Hearing on Bill to Make Internet Tax Moratorium Permanent" in TLJ Daily E-Mail Alert No. 635, April 2, 2003; and story titled "House Judiciary Committee Approves Internet Tax Bill", also published in TLJ Daily E-Mail Alert No. 700, July 17, 2003.

The Senate did not pass the House bill, or any bill, before the expiration of the moratorium. On February 12, 2004, Sen. Lamar Alexander (R-TN) and other defenders of state and local taxing authority, introduced S 2084, the "Internet Tax Ban Extension and Improvement Act". This bill would have nominally extended the ITFA through November 1, 2005. However, it would also have allow a range of new taxes that could be imposed by state and local governments. See, story titled "Sen. Alexander Introduces Bill Regarding Internet Tax Moratorium" in TLJ Daily E-Mail Alert No. 838, February 17, 2004.

Then, on April 29, 2004, the Senate approved an earlier version of S 150, the "Internet Tax Non-discrimination Act of 2003". The version adopted by the Senate in April would have extended the moratorium of the 1998 ITFA until November 1, 2007. However, the bill also included numerous exceptions and qualifications that provide state and local governments a wide range of opportunities to tax internet access. See, story titled "" in TLJ Daily E-Mail Alert No. 889, May 3, 2004.

Then, the House did not approve the Senate bill. That is, each body approved its own version of a bill to extend the moratorium, and neither body would approve the other body's bill.

On November 17, 2004, the Senate approved SConRes 146 by unanimous consent, without debate. This resolution made changes to the enrollment of S 150. Then, on November 19, 2004, the House approved S 150, as changed by SConRes 46. The final version, signed by the President, more closely resembles Sen. Alexander's bill, than the House bill.

Summary of the Bill Signed by Bush. The bill temporarily extends the moratorium of the 1998 ITFA through November 1, 2007. The bill states that is has retroactive effect, back to November 1, 2003, the date that the moratorium expired.

The bill contains an universal service exemption. It provides that "Nothing in this Act shall prevent the imposition or collection of any fees or charges used to preserve and advance Federal universal service or similar State programs".

The bill contains a 911/E911 exemption. It provides that "Nothing in this Act shall prevent the imposition or collection, on a service used for access to 911 or E-911 services, of any fee or charge specifically designated or presented as dedicated by a State or political subdivision thereof for the support of 911 or E-911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 or E-911 services."

The bill contains a voice over internet protocol (VOIP) exemption. It provides that "Nothing in this Act shall be construed to affect the imposition of tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol. This section shall not apply to any services that are incidental to Internet access, such as voice-capable e-mail or instant messaging."

The bill provides that "The term `tax on Internet access´ does not include a tax levied upon or measured by net income, capital stock, net worth, or property value." State and local governments can now tax the internet access providers' net income, capital stock, net worth, or property. They may then pass on this cost to their customers through higher prices. The net effect on consumers would be similar to a tax their internet access.

The bill includes an "Accounting Rule" that will facilitate the ability of state and local governments to impose taxes on bundled service offerings that include internet access. The bill provides that "If charges for Internet access are aggregated with and not separately stated from charges for telecommunications services or other charges that are subject to taxation, then the charges for Internet access may be subject to taxation unless the Internet access provider can reasonably identify the charges for Internet access from its books and records kept in the regular course of business."

The bill also expands the range of taxes subject to grandfather protection. The 1998 ITFA provision was simple. It created a moratorium on "taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998".

The bill contains a long section on grandfathered taxes. For example, it grandfathers pre-1998 taxes, even if never collected, if there was some "public proclamation made by the appropriate administrative agency of the State or political subdivision thereof".

The bill contains one significant change to the 1998 ITFA that limits taxation. It adds that "The term `Internet access service´ does not include telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access." That is, the 1998 ITFA imposed a moratorium on taxes on internet access, but, the ITFA's definition of "internet access" excluded "telecommunications services". This change clarifies that services, such as broadband DSL and wireless internet access services, are covered by the moratorium.

See, November 17, 2004 release of Sen. Ron Wyden (R-OR), a leading proponent of the moratorium, regarding the content of the bill, as amended. See also, November 17, 2004 release of Sen. Alexander.

Reaction to the Signing of the Bill. Sen. Wyden, Sen. George Allen (R-VA), and Rep. Chris Cox (R-CA) issued a joint release praising the President for signing the bill. Sen. Wyden and Rep. Cox have been proponents of the moratorium since sponsoring bills that became the ITFA in 1998. Sen. Allen, who was first elected in 2000, has joined Sen. Wyden and Rep. Cox in backing the moratorium.

Rep. Cox stated that "The U.S. has firmly, consistently, and successfully opposed efforts to impose any special taxes, whether at the national or international level, on the use of the Internet ... What we are doing now is making sure that this policy stays in place, and sending a signal to the world that this powerful instrument of global commerce should not fall victim to the tyranny of the parochial."

Steve Largent, P/CEO of the CTIA, stated in a release that "I applaud President Bush for his unwavering support of the American taxpayer. His action today is further evidence that our federal government recognizes the extreme harm that tax increases can have on the development and deployment of high-tech service offerings. Tax increases -- at any level of government -- can significantly impede the rollout of next generation technologies, thereby placing America at a competitive disadvantage in the world."

Walter McCormick, P/CEO of the U.S. Telecom Association (USTA), stated in a release that "By signing S. 150 into law, President Bush brings the nation one step closer to his ambitious goal of deploying broadband in all communities by 2007. This Administration understands the critical role that communications plays in connecting the world. With forward-looking policies that encourage real competition, like the Internet tax moratorium, consumers and the nation’s economy will benefit from increased investment and innovation in the telecom sector."

12/3. A coalition of phone companies, information service providers, trade groups, education groups, and library groups wrote a letter to Senators urging the Senate to pass HR 5419 when the Senate meets on December 7, 2004.

The House passed HR 5419 by unanimous consent on November 20, 2004. This is a composite bill that includes the "Commercial Spectrum Enhancement Act" (CSEA), the "ENHANCE Act", and the "Universal Service Antideficiency Temporary Suspension Act". See, story titled "House Approves Bill that Includes the Commercial Spectrum Enhancement Act" in TLJ Daily E-Mail Alert No. 1,025, November 24, 2004.

The letter states that "Each of the three bills that comprise H.R. 5419 stands on its own individual merit. However, with so little time remaining on the 108th Congressional calendar, it is imperative that" they be "considered collectively".

Title II of the bill is the CSEA. It is based upon HR 1320, which is also titled CSEA. The House passed its version of HR 1320 on June 11, 2003. See, story titled "House Passes Commercial Spectrum Enhancement Act" in TLJ Daily E-Mail Alert No. 679, June 12, 2003. The Senate Commerce Committee passed its version of HR 1320 on June 26, 2003. HR 1320 changes the process for reallocating spectrum from federal users to commercial users, such as wireless broadband services. For example, the Department of Defense (DOD) currently uses spectrum in the 1710-1755 MHz band. The National Telecommunications and Information Administration (NTIA) and Federal Communications Commission (FCC) have identified this band for reallocation. The DOD will incur expenses to relocate to other spectrum bands. The bill creates a Spectrum Relocation Fund, funded by auction proceeds, to compensate federal agencies for the cost of relocating. Hence, the bill replaces the current role of the House and Senate Appropriations Committees.

Title I of this bill is the "Ensuring Needed Help Arrives Near Callers Employing 911 Act of 2004" or "ENHANCE 911 Act". The letter states that it will improve the E911 emergency calling system.

Title II of this bill is the "Universal Service Antideficiency Temporary Suspension Act". The letter states that its will prevent "dramatic increases in Universal Service charges to consumers" and provide "critical access to the Internet for our nation's schools and libraries."

12/3. The President Bush announced his intent to appoint Rebecca Denlinger, Gregory Peters, and Bruce Rohde to the Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC). The NIAC provides advice 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. Denlinger is a career fireman, and Chief of the Georgia Association of Fire Chiefs. Peters is P/CEO of Internap, an internet protocol network services provider based in Atlanta, Georgia. Rohde is Ch/CEO of ConAgra Foods, a packaged food company based in Omaha, Nebraska.

12/3. President Bush announced his intent to appoint Randall Stephenson to the President's National Security Telecommunications Advisory Committee (NSTAC). See, White House release. He is the Chief Operating Officer of SBC Communications.

12/3. President Bush announced his intent to nominate Harry Robinson, to be a Member of the Museum and Library Services Board for a five year term. See, White House release. He is P/CEO of the African American Museum in Dallas, Texas.

11/30. Deborah Daniels, Assistant Attorney General in charge of the Department of Justice's (DOJ) Office of Justice Programs (OJP), announced that she will leave, effective January 31, 2005.

12/2. John Harker was elected Chairman of the Board of Directors of the American Electronics Association (AeA). Harker is the Chairman of InFocus Corporation. See, AeA release and InFocus release.

12/3. President Bush signed HR 1047, the "Miscellaneous Trade and Technical Corrections Act of 2004". See, White House release. This is a huge and varied bill. See especially, Section 2201 of the bill, titled "USTR determinations in TRIPS Agreement investigations". It amends Section 304(a)(2)(A) of the Trade Act of 1974, which is codified at 19 U.S.C. § 2414(a)(2)(A), with respect to rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

12/3. The U.S. Patent and Trademark Office (USPTO) released a notice regarding increased and new patent fees, and the impending passage of HR 4818, the omnibus appropriations bill. This notice "advises the public to remain vigilant as to the effective date of the Consolidated Appropriations Act and to consider paying maintenance fees early or taking other appropriate steps to ensure that their patents remain in force." The USPTO released a similar notice with respect to increased trademark fees. See also, story titled "Congress Approves Omnibus Appropriations Bill", and story titled "Appropriations Bill Provides $1.54 Billion for USPTO, Temporary Fee Increases, But No End to Diversion", in TLJ Daily E-Mail Alert No. 1,023, November 22, 2004.

12/3. The U.S. Court of Appeals (2ndCir) issued an errata opinion [42 pages in PDF] in Motorola v. Uzan. See also, story titled "2nd Circuit Rules in Motorola v. Uzan" in TLJ Daily E-Mail Alert No. 1,008, November 1, 2004, and story titled "Judge Awards Motorola $4,265,793,811.32 From Turkish Telecom Deadbeats" in TLJ Daily E-Mail Alert No. 709, August 1, 2003.

12/3. The Executive Committee of the Association for Local Telecommunications Services (ALTS) and Board of Directors of the CompTel/ASCENT announced in a release that the "have entered into a memorandum of understanding (MOU) to explore the merger of the two trade groups". CompTel/ASCENT was formed in November of 2003 by the merger of the Competitive Telecommunications Association (CompTel) and the Association of Communications Enterprises (ASCENT). Also, Russell Frisbee, the CEO of CompTel/ASCENT, and before that, President of CompTel, announced on November 23, 2004 that he will step down in 2005.

12/3. Chester Spatt of the Securities and Exchange Commission (SEC) presented a paper titled "Executive Compensation and Contracting" at a conference in Columbus, Ohio. He wrote at the outset that "the income and wealth levels of senior executives are very large compared to those of most of the population. Furthermore, these have grown in relative terms over the last several decades." He suggested that "This change in relative income and wealth is part of a broader change in the distribution of income and wealth over the last several decades, which may reflect the increasing importance of technology in the modern economy." He did not further elaborate on the connection between technology and executive compensation.

12/2. Federal Communications Commission (FCC) Commissioners Michael Copps and Jonathan Adelstein issued a release [2 pages in PDF] on forum that they will conduct on media concentration. It will be held from 7:00 - 11:00 PM on Thursday, December 9, 2004, at the Sundin Music Hall, Hamline University, St. Paul, Minnesota. Copps and Adelstein will give opening remarks at 7:00 PM. There will be a panel discussion titled "Local News and Information" at 7:30 PM. There will be a panel discussion titled "Media Diversity" at 8:15 PM. Public comments will begin at 9:15 PM.

The House will meet at 2:00 PM. The House will consider several items under suspension of the rules. The agenda includes HConRes 528, which directs the Clerk of the House of Representatives to make corrections in the enrollment of HR 4818. This is the omnibus appropriations bill that also includes several technology related substantive provisions. See, story titled "Congress Approves Omnibus Appropriations Bill" in TLJ Daily E-Mail Alert No. 1,023, November 22, 2004. See also, stories titled "Appropriations Bill Provides $1.54 Billion for USPTO, Temporary Fee Increases, But No End to Diversion", "Appropriations Bill Provides $281 Million for FCC", and "Appropriations Bill Includes H1B and L1 Visa Provisions" in TLJ Daily E-Mail Alert No. 1,023, November 22, 2004. And see, story titled "Appropriations Bill Includes SHVERA" in TLJ Daily E-Mail Alert No. 1,025, November 24, 2004. See, Republican Whip Notice.

The Senate will not meet until Tuesday, December 7.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in James A. Kay v. FCC, No. 02-1175. This is a case pertaining to the finder's preference rule, 47 C.F.R. § 90.173(k)(2)(1992). See, FCC brief [pages in PDF]. Judges Edwards, Sentelle and Randolph will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel A, will hear oral argument in Designing Health v. Erasmus (No. 03-1438), Northpoint Technology, Ltd v. MDS America, Inc. (No. 04-1249), and Taylor v. DaimlerChrysler (No. 04-1319). The Northpoint Technology case is an appeal from the U.S. District Court (SDFl) involving claims infringement of patents pertaining to use of DBS spectrum for terrestrial wireless services. See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel B, will hear oral argument in ISCO International v. Concuctus, Inc. (No. 04-1007) and Bellehumeur v. Bonnett (No. 04-1258). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will meet. See, notice [PDF]. Location: FCC, 445 12th Street, SW, Room TW-C305 (Commission Meeting Room).

12:15 PM. The Federal Communications Bar Association (FCBA) Transactional Practice Committee brown bag lunch titled "Regulation of Foreign Ownership of FCC Radio Licensees". The speakers will be employees of the Federal Communications Commission's (FCC) International Bureau and Media Bureau. The FCBA states that "Participants are encouraged to review the International Bureau's ``Foreign Ownership Guidelines for FCC Common Carrier and Aeronautical Radio Licenses´´ prior to the session." For more information, contact Susan O'Connell, Anne Swanson (Dow Lohnes & Albertson), or Howard Liberman (Drinker Biddle & Reath). RSVP to Wendy Parish at wendy@fcba.org. Location: DLA, 8th Floor, 1200 New Hampshire Ave., NW.

12:30 PM. The Association for Local Telecommunications Services (ALTS) and CompTel/ASCENT will host a press conference to discuss their tentative merger agreement and to detail their policy advocacy efforts. Lunch will be provided. There will also be a call in number. Contact Gail Lawyer or Margaret Boles on Monday, December 6 for the number. See, notice. Location: Suite 700, 600 14th St., NW.

Deadline to submit comments in response to the notice of proposed rulemaking by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) regarding telecommuting by federal contractors. See, notice in the Federal Register, October 5, 2004, Vol. 69, No.192, at Pages 59701 - 59702.

The House may meet at 10:00 AM. See, Republican Whip Notice.

The Senate will meet at 9:30 AM.

Hannukah.

8:30 AM. The Cyber Security Industry Alliance (SCIA) will host a news conference regarding "Cybersecurity Priorities for Administration". For more information, contact Elizabeth Saggese at 703 556-6838. Location: Lisagor Room, National Press Club, 529 14th St. NW, 13th Floor.

10:00 AM. The Supreme Court will hear oral argument in Granholm v. Heald, No. 03-1116, Michigan Beer & Wine Wholesalers v. Heald, No. 03-1120, and Swedenburg v. Kelly, No. 03-1274. See, schedule [PDF]. These cases involve constitutional challenges to state restraints on the direct sales of alcoholic beverages, including internet wine sales.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel C, will hear oral argument in Stambler v. RSA Security (No. 04-1129) and AT&T v. Microsoft (No. 04-1285). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel D, will hear oral argument in Block Financial v. Yodlee, Inc. (No. 04-1087) and McKenchnie Vehicle Components v. Lacks Industries, Inc. (No. 04-1278). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "2004 Intellectual Property Law Year in Review Series: Part 1 -- Patent Update". The speakers will be Bradley Wright (Banner & Witcoff) and Kevin Duncan (Hunton & Williams). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

EXTENDED TO DECEMBER 21. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Declaratory Ruling (NPRM & DR) [100 pages in PDF] regarding imposing Communications Assistance for Law Enforcement Act (CALEA) obligations upon broadband internet access services and voice over internet protocol (VOIP). This NPRM is FCC 04-187 in ET Docket No. 04-295. The FCC adopted this NPRM at its August 4, 2004 meeting, and released it on August 9. See, story titled "Summary of the FCC's CALEA NPRM" in TLJ Daily E-Mail Alert No. 960, August 17, 2004. See, notice in the Federal Register, September 23, 2004, Vol. 69, No. 184, Pages 56976 - 56987. See also, notice of extension [PDF].

The House may meet at 10:00 AM. See, Republican Whip Notice.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel E, will hear oral argument in Sunny Fresh Foods v. Michael Foods (No. 04-1059) and Schreiber Foods v. Beatrice Cheese (No. 04-1279). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel F, will hear oral argument in Jore Corp. v. Kouvato, Inc. (No. 04-1163) and Lisle Corp. v. AJ Manufacturing (No. 04-1275). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to advise the DOS on policy and technical issues with respect to the International Telecommunication Union (ITU), and in particular, the December 15-17, 2004 meeting of ITU's Telecommunications Development Advisory Group (TDAG) in Geneva, Switzerland. See, notice in the Federal Register, November 5, 2004, Vol. 69, No. 214, at Page 64620. Location: DOS, Room 2533A.

12:00 NOON. The Federal Communications Bar Association (FCBA) Foundation Board of Trustees will meet. Location: Wiley Rein & Fielding, 1776 K St., NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a luncheon program titled "Intellectual Property Considerations in Strategic Alliances". The speakers will be Linda Alcorn and Marvin Guthrie (both of Sterne Kessler Goldstein & Fox). See, notice. Prices vary from $8 to $18. For more information, contact Tracy Muller at 202 772-8697 or tmuller@skgf.com. Location: SKGF, 8th Floor, 1100 New York Ave., NW.

3:00 PM. The U.S. Court of Appeals (1stCir) will hear oral argument, en banc, in USA v. Councilman, a case regarding the applicability of the Wiretap Act to e-mail in storage. See, opinion of the three judge panel, and story titled "1st Circuit Holds Wiretap Act Does Not Apply to E-Mail in Storage" in TLJ Daily E-Mail Alert No. 930, July 1, 2004. Location. En Banc Courtroom, John Joseph Moakley Courthouse, Boston, MA.

The House may meet at 10:00 AM. See, Republican Whip Notice.

8:30 - 10:30 AM. The Federal Communications Bar Association's (FCBA) Wireless Practice Committee will host a continuing legal education (CLE) seminar and breakfast titled "Spectrum Management 101: Nuts and Bolts of Spectrum Management -- Engineering, Legal, and Economic Perspectives". The speakers will include Julius Knapp (Deputy Chief of the FCC's Office of Engineering and Technology), Evan Kwerel (Senior Economic Advisor in the FCC's Office of Strategic Planning and Policy Analysis), and Christopher Wright (Harris Wiltshire & Grannis). See, registration form [PDF]. The price to attend ranges from $50 to $125. Location: Wiley Rein & Fielding, 1776 K St., NW.

9:00 AM. The U.S. District Court (DC) will hold a status conference in Electronic Privacy Information Center v. Department of Defense, No. 1:2004-cv-01219-CKK, a Freedom of Information Act (FOIA) case. On July 21, 2004, the Electronic Privacy Information Center (EPIC) filed a complaint [7 pages in PDF] seeking records pertaining to Verity K2 Enterprise. See, story titled "GAO Reports on Data Mining at Federal Agencies" in TLJ Daily E-Mail Alert No. 907, May 28, 2004, and story titled "EPIC Files FOIA Complaint Against DOD Seeking Records Regarding Data Mining Project" in TLJ Daily E-Mail Alert No. 945, July 26, 2004. Location: Courtroom 11, Prettyman Courthouse, 333 Constitution Ave., NW.

RESCHEDULED FOR DECEMBER 15. 9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM. The Federal Trade Commission (FTC) will hold a meeting, part of which will be closed to the public. The agenda includes oral argument in its proceeding pertaining to Rambus, Inc., Docket No. 9302, and consideration of the Rambus matter. For more information, contact Mitch Katz at the FTC's Office of Public Affairs at 202 326-2180. Location: FTC Building, Room 532, 600 Pennsylvania Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel G, will hear oral argument in Israel Bio-Engineering (No. 04-1153 and 04-1301). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel H, will hear oral argument in Eolas Technologies v. Microsoft (No. 04-1234) and Morton v. The First Years (No. 04-1308). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) ETP Committee will host a brown bag lunch. The speaker will be Ed Thomas, Chief of the Federal Communications Commission's (FCC) Office and Engineering and Technology (OET). Location. FCC, Room 6-B516.

6:00 - 8:00 PM. The DC Bar Association's Computer and Telecommunications Law Section will host a social event titled "A CTLS Evening Gathering And Keynote With Jeff Pulver". The speaker will be Jeff Pulver. See, notice. Prices vary from $25 to $40. For more information, call 202-626-3463. Location: 21 Hundred Restaurant, Westin Embassy Row, 2100 Massachusetts Ave., NW.

The House may meet at 10:00 AM. See, Republican Whip Notice.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Savannah College of Art and Design v. FCC, No. 04-1024. Judges Ginsburg, Garland and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel I, will hear oral argument in Collegenet v. Applyyourself (No. 04-1202). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel J, will hear oral argument in Rasmusson v. SmithKline Beecham (No. 04-1191) and Watson Industries v. Murata Electronics (No. 04-1235). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Grokster and the Supreme Court: The Case For and Against Consideration". The speakers will include James DeLong (PFF), Solveig Singleton (PFF), and Mitch Glazier (RIAA). See, notice and online registration page. The PFF filed an amicus curiae brief [12 pages in PDF] on November 8. Press contact: Patrick Ross at 202 289-8928 or pross@pff.org. Lunch will be served. Location: Room B369, Rayburn Building, Capitol Hill.

2:00 - 3:00 PM. The North American Numbering Council (NANC) will hold a meeting by conference call.

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