2/8. President Bush gave a long speech on economic policy in Detroit, Michigan. He did not reference technology or communications industries or companies.

He did say that one "pillar of a sound economic policy is to build on an environment that encourages initiative, lowers the cost of doing business, and constantly thinks about how to promote economic vitality and growth."

He also said that "A pro-growth strategy must roll back excessive federal regulation." However, he offered no specifics, such as which industry sectors face excessive regulation, or which regulatory agencies impose excessive regulation.

He also said that "A pro-growth strategy must address the growing burden of junk lawsuits." He continued that "Junk lawsuits have driven the cost of America's tort system to more than $240 billion a year -- greater than any major industrialized nation. Think about that. It creates a competitive disadvantage in a global economy, for the American economy to have so many lawsuits. It imposes unfair costs on job creators. It raises prices for consumers. Our legal system must serve the cause of justice, not the interests of trial lawyers. Congress needs to pass meaningful class action and asbestos legal reform this year."

The Senate is currently considering S 5, the "Class Action Fairness Act of 2005".

Bush also argued that "A pro-growth strategy requires a policy of free and fair trade."

Also, he said that "We should create a national marketplace for health insurance, so people can shop on the Internet across state lines to get high-quality coverage at lower prices."

2/4. The Department of Justice (DOJ) and Federal Trade Commission (FTC) wrote a joint letter to the Kansas Bar Association (KBA) commenting on the anti-competitive aspects of its proposed definition of the practice of law. The letter raises many points, including that the proposed definition might prohibit computer programs and web sites that assist consumers in preparing basic documents, such as simple wills, contracts and non-contested divorce papers.

The DOJ/FTC letter states that "the definition of the practice of law should be limited to those activities where specialized legal knowledge and training is demonstrably necessary to protect the interests of consumers. Otherwise, consumers benefit from preserving competition between lawyers and non-lawyers."

Among other things, the DOJ/FTC letter takes issue with the proposal to include within the definition of practicing law "engaging in an activity which has traditionally been performed exclusively by persons authorized to practice law". The DOJ/FTC letter points out too that the proposed definition "provides no guidance as to what types of services may ``traditionally´´ have been ``exclusively´´ a lawyers' activity." It thus "may diminish or discourage competition anywhere that laypeople see lawyer providers, even if lawyers have not ``traditionally´´ been the exclusive providers of a service and even if there is no demonstrable harm from non-lawyer providers."

The DOJ/FTC state that this provision could impede information technology. It states, "For example, self-help books -- and more recently, computer programs and Web sites -- allow consumers to produce legal documents for themselves such as simple wills, contracts, powers of attorney, and papers for non-contested divorces. The production of such documents before the advent of self-help books or computer programs may have been considered "an activity which has traditionally been performed exclusively by persons authorized to practice law."

This is not an isolated letter. The FTC and DOJ have many times examined legal barriers to competition, including electronic commerce, imposed by bar associations and other barrier creating entities. For example, on March 20, 2003, the FTC and the DOJ wrote a letter to the Georgia State Bar's Standing Committee on the Unlicensed Practice of Law in response to its inquiry regarding preparation of deeds and other real estate conveyance instruments. The FTC and DOJ focused on the impact that an overly broad restriction on the practice of law would have on internet competition and electronic commerce.

The DOJ and FTC argued that "these potential restrictions are likely to impede substantially the growth of e-commerce. The Internet is changing the way many goods and services are delivered, and consumers benefit from the increased choices and convenience and decreased costs that the Internet can deliver." They added that "when restrictions may foreclose potential new Internet competitors, one should proceed cautiously, mindful of the unintended consequences that may unduly limit the choices of consumers." See, story titled "FTC/DOJ Oppose Restraints on E-Commerce Posed by Unlicensed Practice of Law Rules" in TLJ Daily E-Mail Alert No. 629, March 24, 2003.

Similarly, the FTC and DOJ wrote a letter to the American Bar Association (ABA) on December 20, 2002. They argued that "The Internet is changing how many goods and services are delivered, and consumers benefit from the increased choices and convenience and decreased costs that the Internet can deliver. Yet over-broad restrictions on the practice of law can impair the growth of e-commerce by (1) prohibiting or increasing the costs of electronic provision of forms or other legal self-help computer programs, (2) negatively impacting Internet mortgage lenders who rely on lay real estate closers, and (3) restricting the ability of providers to experiment and develop new forms of Internet services touching on legal matters that could benefit consumers directly."

2/8. Sen. John McCain (R-AZ), Sen. Maria Cantwell (D-WA), and Sen. Patrick Leahy (D-VT) introduced S __, the "Local Community Radio Act of 2005", a bill to eliminate the third adjacency restrictions for low power FM (LPFM) broadcasters.

Sen. McCain and Sen. Leahy introduced a similar bill in the 108th Congress, S 2505. It was not enacted into law. It would have provided that "The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between -- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations."

Sen. McCain (at right) stated in a February 8 release that "While Low Power FM radio stations were authorized five years ago, implementation has been severely hampered by commercial broadcasters’ flagrantly exaggerated claims of interference ... The most recent obstruction, a two year study conducted at the behest of broadcasters, cost taxpayers over two million dollars and proved what the FCC and community groups have known for years: Low Power FM stations will not cause significant interference to other broadcasters' signals. It is time for broadcasters to stop hiding behind false claims of interference when they are really afraid of the competition from truly local broadcasters."

The Federal Communications Commission's (FCC) Media Bureau hosted an event titled "Low Power FM Forum" at the FCC building on Tuesday morning, February 8.

FCC Chairman Michael Powell gave a speech. He stated that "one of the most significant things the Commission has done recently is in our report to Congress to urge that Congress lift the third adjacency restrictions that limit the availability of spectrum. We were excited that in 2004 Senator John McCain was willing to sponsor this legislation, and I have been told on the phone this morning that Senator McCain will introduce the LPFM bill this morning, again seeking the removal of the third adjacency restrictions which will provide new opportunities. So we're off to a fast start in the new Congress. I am hopeful and excited about this and we will have full support here at the Commission behind trying to make that a reality."

In response, the National Association of Broadcasters (NAB) wrote a letter to Members of Congress on LPFM on February 7, 2005.

The NAB letter states that "In 2000, Congress wisely passed legislation that permitted the FCC to continue licensing Low Power FM stations, but required the new micro-radio stations to adhere to 3rd adjacent channel interference protections. This compromise legislation, supported by NAB, National Public Radio and the Radio Reading Services for the Blind, ensured that the signals of low power FM stations and full power FM broadcasters would not interfere with each other. We would caution Congress against modifying 3rd adjacent channel protections." It asserts that third adjacent channel interference can be "aggravating".

2/7. The Federal Communications Commission (FCC) released a notice of proposed rulemaking (NPRM) [460 pages in PDF] in its proceeding titled "In the Matter of: Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004 Implementation of Section 340 of the Communications Act". See also, FCC release [PDF].

With this NPRM the FCC initiates a proceeding required by the SHVERA. The Congress included this bill in the huge omnibus appropriations bill, HR 4818 (108th Congress), that it enacted late last year.

Section 202 of the SHVERA creates a new Section 340 of the Communications Act that authorizes satellite carriers to offer FCC determined "significantly viewed" signals of out of market broadcast stations to subscribers. This NPRM includes the list of stations currently deemed "significantly viewed". The body of this NPRM is 33 pages. The list of stations is several hundred pages long.

The NPRM elaborates that "The SHVERA adopts for satellite carriers and subscribers the concept of ``significantly viewed,´´ which has applied in the cable context for more than 30 years. In 1972, the Commission adopted the concept of ``significantly viewed´´ signals to differentiate between out-of-market television stations ``that have sufficient audience to be considered local and those that do not.´´" (Footnote omitted.)

The NPRM also explains the consequences for copyright royalties. "The copyright provisions that apply to cable systems have recognized the Commission's designation of stations as ``significantly viewed´´ and treated them, for copyright purposes, as ``local,´´ and therefore subject to reduced copyright payment obligations. The copyright provisions governing satellite carriers did not, however, provide a statutory copyright license for significantly viewed signals, and as a consequence such signals are not, as a practical matter, generally available for carriage for satellite distribution outside of their Designated Market Areas (``DMAs´´). Recognizing that the reach of a station's over-the-air signal is not constrained by the boundary of a DMA, the SHVERA now will allow a satellite carrier to treat an otherwise distant signal as ``local´´ in a community where such signal is ``significantly viewed´´ by consumers in that community. In this way, the statutory provisions governing satellite carriage of broadcast stations move closer to the provisions that have long governed cable carriage." (Footnote omitted.)

Initial comments are due by April 8, 2005, and reply comments are due by April 29, 2005.

This NPRM is FCC 05-24 in MB Docket No. 05-49. The FCC adopted this NPRM on February 4, 2005, and released it on February 7, 2005.

7/8. On February 3, 2005, the Federal Communications Commission (FCC) announced the agenda [PDF] for its Thursday, February 10, 2005 meeting. The first item on the agenda is a Second Report and Order (R&O) and First Order on Reconsideration concerning the carriage obligations of cable operators with respect to digital broadcasters. However, this agenda does not provide any specifics regarding the contents of this R&O. This proceeding is CS Docket No. 98-120.

On February 1, twelve Senators and Representatives wrote a letter [PDF] to the FCC stating that "a ruling requiring anything less than full carriage of a broadcaster's 6 MHz of spectrum would severely hinder small and independent broadcasters from competing in the marketplace and threaten a diversity of ownership and programming".

On February 7, the National Cable & Telecommunications Association (NCTA) wrote a letter [PDF] to Members of Congress regarding this meeting agenda item. The letter asserts that the National Association of Broadcasters (NAB) "has resorted to gross misstatements of fact in order to create fear that American consumers will somehow be deprived of the benefits of digital TV". It states that "compelling digital broadcast content is being carried voluntarily today on cable, and more such programming is being offered every day. In contrast, NAB is asking the Government to require cable operators to carry as many as half a dozen digital video channels for every single broadcast station in the country, regardless of whether these channels consist largely of infomercials, home shopping or other low value content."

The NCTA continues that "What the ``digital multicasting must carry´´ is really about is an effort by TV broadcasters to gain preferential carriage rights over all other programmers for channels that, in most cases, don’t even exist. Networks like A&E, The History Channel, Discovery, Lifetime, BET, CNN, Fox Cable News, and C-SPAN, and every other non-broadcast cable and satellite program network, must vigorously compete for carriage of new and existing programming on the basis of the quality of that programming and its perceived value to consumers. TV broadcasters already enjoy a competitive advantage by virtue of having government-guaranteed cable carriage of their primary video signal. Meanwhile, approximately 390 national and 60 regional cable networks compete in the market for limited cable shelf space."

The NCTA concludes that "The ``multiple must carry´´ mandate that the NAB seeks would reduce incentive to create innovative and compelling digital content, since broadcasters wouldn’t have to compete with other program networks for carriage."

Also, on January 31, 2005, the NCTA and the Association of Public Television Stations (APTS) announced an agreement titled "Public Television Digital Cable Carriage Agreement".

The NCTA stated in a release that this agreement "ensures that local Public Television stations' digital programming will be carried on cable systems serving the vast majority of the nation's cable subscribers. Further, it provides significant digital cable carriage incentives for local Public Television stations to produce more high definition, children's and local programming. It also recognizes and enhances the unique role that public broadcasters play in national homeland defense efforts and provides for cable carriage of additional emergency public safety information."

FCC Chairman Michael Powell praised the NCTA APTS agreement. He stated in a release [PDF] that "This monumental marketplace agreement will ensure that some of the most innovative high-definition and multicast broadcast programming will find its way into cable homes across the country. Today's announcement serves as a testament to both the public broadcast community's commitment to driving the DTV transition and cable operators' willingness to carry compelling digital broadcast programming to its subscribers."

FCC Commissioner Michael Copps also praised the NCTA APTS agreement in a release [PDF]. He added that "Although the Commission still must do its part to address a number of issues related to the digital transition, this agreement ensures that the future of public television shines brighter than ever with digital broadcasting and the opportunity for new educational and public affairs programming."

FCC Commissioners Kathleen Abernathy wrote in a release [PDF] that "This agreement on the voluntary carriage of multiple programming streams represents an important milestone in advancing the digital television transition, and, just as importantly, it demonstrates the viability of market-based solutions."

2/8. The Federal Communications Commission (FCC) published a notice in the Federal Register requesting public comment on competition in the multichannel video programming distribution market to assist it in preparing a report to the Congress that is due by September 8, 2005. This proceeding is MB Docket No. 05-28. Initial comments are due by March 1, 2005. Reply comments are due by March 16, 2005. See, Federal Register, February 8, 2005, Vol. 70, No. 25, at Pages 6593-6595. The FCC announced this inquiry in Public Notice is DA 05-169 [PDF], released last month. This report is required by § 208 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The SHVERA requires the FCC to "complete an inquiry regarding the impact on competition in the multichannel video programming distribution market of the current retransmission consent, network nonduplication, syndicated exclusivity, and sports blackout rules, including the impact of those rules on the ability of rural cable operators to compete with direct broadcast satellite industry in the provision of digital broadcast television signals to consumers. Such report shall include such recommendations for changes in any statutory provisions relating to such rules as the Commission deems appropriate."

2/8. The Federal Communications Commission (FCC) announced that it will host its second annual Satellite Forum on March 21, 2005 from 10:00 AM to 3:30 AM. The FCC's notice [PDF] states that "Four sessions will highlight the areas of mobility, integrated services, solutions meeting needs in developing countries, and portability. The mobility session will outline satellite services that provide high-tech communication capabilities to consumers as they move, in trains, airplanes and automobiles. The integrated services session will showcase communications services that combine satellite and other technologies to serve consumers and businesses. The global solution session will discuss satellites providing instant infrastructure and disaster relief in the developing world. The portability session will display and discuss new, cutting edge consumer devices deployed for satellite communications."

2/8. The U.S. Patent and Trademark Office (USPTO) issued a notice regarding its Patent Electronic Filing System (EFS) and patent application authoring tools. The notice states that PASAT users should migrate to EFS-ABX. It adds that "Support for PASAT will be discontinued within the next few months". The notice elaborates that EFS "software enables patent applicants and practitioners to electronically author patent application information for submission to the USTPO via the Internet. EFS is comprised of three software components: the patent application specification authoring tool, the PDF creation tool and the submission software. A new authoring tool, EFS-ABX, has replaced the initial authoring tool, PASAT. This new authoring tool utilizes the power and flexibility of Microsoft Word to create patent application specifications in Portable File Format (PDF) and eXtensible Markup Language (XML). EFS-ABX is used in conjunction with the ABX PDF Writer software. PASAT users should make preparations to begin using EFS-ABX."

2/8. The Copyright Office published a notice in the Federal Register that announces "the termination of the proceeding to determine reasonable rates and terms for two compulsory licenses for the period beginning January 1, 2005, and ending on December 31, 2006. One license allows public performances of sound recordings by means of eligible digital audio transmissions; the other permits the making of an ephemeral phonorecord of a sound recording in furtherance of making a permitted public performance of the sound recording. The rates and terms applicable to new subscription services, eligible nonsubscription services, and services that transmit performances to business establishments that were in effect on December 31, 2004, will remain in effect during 2005." See, Federal Register: February 8, 2005, Vol. 70, No. 25, at Page 6736.

2/8. The House Rules Committee adopted a rule for consideration of HR 418, the "REAL ID Act of 2005". No amendments are in order. The House may approve the bill on Wednesday, February 9.

2/8. The Senate continued its consideration of S 5, the "Class Action Fairness Act of 2005". It will resume consideration of the bill on Wednesday, February 9.

2/8. The Senate Banking Committee held a hearing on the role of credit rating agencies in capital markets. See, Committee web page with hyperlinks to opening statements of Senators and prepared testimony of witnesses.

2/8. President Bush announced that he has named Karl Rove Assistant to the President, Deputy Chief of Staff and Senior Advisor. The Deputy Chief of Staff assignment is new. See, White House release.

2/7. David Israelite was named P/CEO of the National Music Publishers' Association (NMPA). He replaces Edward Murphy. Israelite previously worked in the Office of the Attorney General. He was also Chairman of the Department of Justice's Task Force on Intellectual Property. Before that, he worked for the Republican National Committee. And before that, he worked for Sen. Kit Bond (R-MO).

2/8. Walter McCormick, P/CEO of the U.S. Telecom Association (USTA), released a statement in which he argued that "today's woefully outdated telecom rules are unable to keep pace with the new technologies driving a highly competitive communications industry", and that "it is time for strong Congressional leadership to move beyond the outdated framework of the 1996 Telecom Act, to restore America's innovation leadership and to put consumers in charge of our telecommunications future."

2/7. The Department of Commerce's Bureau of Industry and Security (BIS) announced that its Information Systems Technical Advisory Committee will hold a partially closed meeting on February 23 and 24 in San Diego, California. The agenda for the open portion of the meeting includes a presentation on excimer lasers and extreme ultraviolet (EUV) light, a presentation on microwave semiconductor technology, and an overview of the STI Cell processor (the Sony, Toshiba and IBM system on a chip technology). The agenda for the closed portion of the meeting is undisclosed. The BIS is accepting public comments. Send comments to Lee Ann Carpenter at Lcarpent@bis.doc.gov. See, notice in the Federal Register, February 7, 2005, Vol. 70, No. 24, at Page 6412.

2/7. The Electronic Privacy Information Center (EPIC), ACLU, and EFF wrote a letter [PDF] to a school district in the state of California urging it not to include radio frequency identification (RFID) tags in students' identification badges. The three groups assert that "the RFID badges jeopardize the safety and security of students by broadcasting identity and location information to anyone with a chip reader. The RFID badges will make it much easier for anyone -- not just school officials -- to target and find" the students.

The House will meet at 10:00 AM. It may take up HR 418, the "REAL ID Act of 2005", subject to a rule. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will resume consideration of S 5, the "Class Action Fairness Act of 2005".

The Supreme Court is in recess until February 22, 2005.

7:30 AM - 4:30 PM. The Advisory Committee for the Congressional Internet Caucus will host an event titled "State of the Net Conference". The speakers will include Sen. Ted Stevens (R-AK). Registration is required. Prices range from free to $350. For more information, contact Danielle Yates at dyates@netcaucus.org or 202 638-4370. See, notice and brochure [PDF]. See also, highlights of agenda, below. Location: Hyatt Regency on Capitol Hill, 400 New Jersey Ave., NW.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "How Internet Protocol-Enabled Services are Changing the Face of Communications: A View from Technology Companies". The witnesses will be the CEOs of Motorola, Lucent, Qualcomm, Siemens, and Alcatel. The hearing will be webcast by the Committee. Press contact: Sean Bonyun (Upton) at 202 225-3761 or Jon Tripp (Barton) at 202 225-5735. See, notice. The hearing will be webcast by the Committee. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:00 PM. The Congressional Science, Technology, Engineering and Math (STEM) Education Caucus (STEMEd Caucus) will host an event regarding a "national education strategy to preserve the nation's scientific and technological infrastructure". The speaker will be Marci Greenwood (University of California System). Press contact: Jon Brandt at 202 225-3884. Location: Room B-339, Rayburn Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "When Bad Things Happen To Good Computers". The topics will be security threats, both technology based and human, for law offices' computers, computer networks, PDAs and cell phones, and potential liabilities for failure to protect the confidential information. The speakers will be Don Philmlee (Potomac Consulting Group) and Todd Haley (Spriggs & Hollingsworth). See, notice. Prices vary from $15 to $25. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

12:30 PM (or five minutes after the conclusion of the 9:30 AM hearing). The House Commerce Committee will meet to mark up HR 310, the "Broadcast Decency Enforcement Act of 2005", and to conduct organizational business. Press contact: Larry Neal or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

2:00 PM. The House Homeland Security Committee will hold an organizational meeting. Location: Room 2261, Rayburn Building.

5:00 - 7:00 PM. The Advisory Committee for the Congressional Internet Caucus will host a technology fair and reception. The exhibitors will be ComCare Alliance, Consumer Electronics Association, eBay, Entertainment Software Association, Ericsson, Federal Trade Commission, Freedom Calls Foundation, Fujitsu, GetNetWise, i-Safe & VeriSign, Kodak, Microsoft, NetSmartz Workshop, NTT DoCoMo USA, NTT/Verio, PivX, Pulver, Qualcomm, RSA Security & i-Mature, SAP, SBC, Sony Connect, SunRocket, Symantec, Symbol, TRUSTe, Verizon Wireless, Visa USA, and Vonage. Location: Room SDG-50, Dirksen Building.

7:30 AM. Registration & continental breakfast.

8:00 AM. Conference welcome.

8:20 AM. Sen. Ted Stevens (R-AK), Chairman of the Senate Commerce Committee, will give the keynote address.

8:50 AM. Panel discussion titled "State of the Net". The speakers will be Daniel Weitzner (W3C/MIT), Peter Lewis (Fortune Magazine), Lee Rainie (Pew Internet & American Life Project), and Richard Adler (Civic Ventures).

9:45 AM. International panel. The speakers will be Derek Wyatt, (Member of the U.K. Parliament), Ian Stewart (MP), Ian Taylor (MP), Erika Mann (EU Parliament), David Gross (U.S. Department of State), and Nancy Victory (Wiley Rein & Fielding)

11:00 Three concurrent panel discussions:
  1. Spyware, Spam and Scams. The speakers will be Jon Leibowitz (FTC Commissioner), Jules Polonetsky (AOL), Ari Schwartz (CDT), Christine Varney (TRUSTe), and Gloria Dittus.
  2. DRM: How Will Content Be Delivered on the Internet? Grace Agnew (Rutgers University Libraries), Alan Bell (Warner Brothers), John Canning (Microsoft), Bill Rosenblatt, and DRM Watch.
  3. Convergence and the Telecom Act. The speakers will be Christopher Libertelli (Senior Legal Advisor to FCC Chairman Michael Powell) and James Assey (Senate Commerce Committee).

12:00 NOON. Lunch with keynote speaker Stratton Sclavos (Ch/CEO of VeriSign).

1:20 PM. Three concurrent panel discussions:
  1. Cyber Security. The speakers will be Scott Charney (Microsoft), Rob Clyde (Symantec), Joe Uniejewski (RSA Security), Tom Malloy (Adobe Systems), and Roger Cochetti (CompTIA).
  2. Congressional Staff Panel on Intellectual Property and Innovation. The speakers will be Alec French (House Judiciary Committee Democrats), Michael Sullivan (LA for Sen. John Ensign), and Richard Phillips (Senate Judiciary Committee Democrats).
  3. Did the Internet Kill the Telecom Act? The speakers will include Kathy Brown (Verizon), Peter Pitsch (Intel), Dan Brenner (NCTA), and Richard Whitt (MCI).

2:30 PM. Three concurrent panel discussions:
  1. Congressional Staff Panel on Privacy, Trust & Security. The speakers will be David Cavicke (House Commerce Committee) and Lisa Anderson (Senate Judiciary Committee Democrats), and Dan Caprio (Chief Privacy Officer of the Department of Commerce).
  2. Anticipating Grokster: A Betamax Standard for the Digital Age? The speakers will be Alan Davidson (CDT), Viet Dinh (Georgetown University), and Pam Samuelson (UC Berkeley).
  3. 100 mb by 2010: A Broadband Forecast or Fantasy? The speakers will be Mike Gallagher (NTIA chief), Tom Galvin (463 Communications), Link Hoewing (Verizon), Gary Bachula (Internet2), and Michael Calabrese (New America Foundation).

4:00 PM. Closing panel discussion.

The House will meet at 10:00 AM. It may take up HR 418, the "REAL ID Act of 2005". See, Republican Whip Notice.

8:00 AM. Under Secretary of Homeland Security Asa Hutchinson will speak at the Infrastructure Security Partnership breakfast. Press contact: 202-282-8010. Location: Army Navy Club, 901 17th St. NW.

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

9:30 AM. The Senate Judiciary Committee will hold a hearing titled "Bankruptcy Reform". Press contact: Blain Rethmeier (Specter) at 202 224-5225 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

10:00 AM. The House Homeland Security Committee will hold a hearing on the President's budget proposal for FY 2006 for homeland security. Location: Room 2261, Rayburn Building.

10:00 AM. The House Science Committee will hold an organizational meeting. Location: Room 2318, Rayburn Building.

10:00 AM - 12:00 NOON. The WRC-07 Advisory Committee's Informal Working Group 5: Regulatory Issues will meet. See, FCC notice [PDF]. Location: The Boeing Company, 1200 Wilson Blvd., Arlington, VA.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch. The speakers will be Lisa Sutherland (Chief of Staff, Senate Commerce Committee), Christine Kurth (Deputy Chief of Staff, Senate Commerce Committee), and James Assey (Minority Counsel, Senate Commerce Committee). For more information, contact Catherine Bohigian at Catherine.Bohigian@fcc.gov. Location: Mintz Levin, 701 Pennsylvania Ave., NW.

12:30 - 1:30 PM. The DC Bar Association will host a program titled "Trade Secrets Damages: What Can a Successful Claimant Expect to Recover?". The speaker will be Carla Mulhern (Analysis Group, Inc.). See, notice. Prices vary from $10 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding revisions to the rules of practice in patent cases to implement the Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act). See, notice in the Federal Register, January 11, 2005, Vol. 70, No. 7, at Pages 1818-1824. This bill was S 2192 in the 108th Congress. President Bush signed it on December 10, 2004. See, story titled "President Signs CREATE Act" in TLJ Daily E-Mail Alert No. 1,037, December 14, 2004.

TIME? The Judicial Conference of the United States (JC) will hold a public hearing on its proposed amendment to Civil Rule 5 regarding electronic filings. The JC has proposed amendments to Civil Rule 5, Appellate Rule 25, and Bankruptcy Rule 5005. Each of these proposed amendments would permit the applicable court, by local rules, to "permit or require papers to be filed, signed, or verified by electronic means" (or similar language). Current rules provide that the applicable court may "permit" filing by electronic means. See, JC notice [PDF] and notice in the Federal Register, Federal Register, December 2, 2004, Vol. 69, No. 231, at Page 70156. Location: undisclosed.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the Department of Homeland Security's (DHS) budget for FY06. See, notice. Location: Room 342, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch and meeting with Senate Commerce Committee staff regarding legislation. The agenda includes Lisa Sutherland (Chief of Staff), Christine Kurth (Deputy Chief of Staff), and James Assey (Minority Counsel). For more information: Catherine.Bohigian@fcc.gov. Location: Mintz Levin, 701 Pennsylvania Ave., NW.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. This is for the USTR's Special 301 review, pursuant to 19 U.S.C. § 2242. See, notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Page 134.

Deadline to register for the Federal Communications Bar Association's (FCBA) lunch, featuring Mel Karmazin, CEO of Sirius Satellite Radio. See, registration form [MS Word].

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its final public draft of SP 800-53. This is "Special Publication 800-53 (Final Public Draft), Recommended Security Controls for Federal Information Systems". Send comments to sec-cert@nist.gov.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 60, the auction of five licenses in the Lower 700 MHz band C block (710-716/740-746 MHz), which is scheduled to begin on July 20, 2005. See, FCC's Public Notice numbered DA 05-171.

Day one of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Day two of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Extended deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [4 pages in PDF] (DA 04-3891) of December 14, 2004 seeking comments on the report of Avatar Environmental, LLC regarding migratory bird collisions with communications towers. See, Public Notice [2 pages in PDF] (DA 04-4021) of December 22, 2004 extending deadlines. See also, notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Pages 87-88. This proceeding is WT Docket No. 03-187.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding wireless services in rural areas. On September 27, 2004, the FCC released the text [137 pages in PDF] of its Report and Order and FNPRM. The FCC adopted this item at its July 8, 2004 meeting. This item is 04-166 in WT Docket Nos. 02-381, 01-14, and 03-202. See, notice in the Federal Register, December 15, 2004, Vol. 69, No. 240, at Pages 75174 - 75185.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking (NPRM) regarding the Children's Online Privacy Protection Act. This NPRM proposes to permanently allow web site operators and online services to obtain verifiable parental consent for the collection of personal information from children for internal use by the web site operator through sending an e-mail message to parents coupled with additional steps. See, notice in the Federal Register, January 14, 2005, Vol. 70, No. 10, at Pages 2580 - 2582.

5:00 PM. Extended deadline to submit comments to Office of the U.S. Trade Representative (USTR) in the Out of Cycle Review of the People's Republic of China, pursuant to Section 182 of the Trade Act of 1974, 19 U.S.C. § 2242, which is also known as the Special 301 review. See, notice in the Federal Register, February 2, 2005, Vol. 70, No. 21, at Page 5500.

12:00 NOON. The Cato Institute will host a book forum. William Eggers will discuss his book titled Government 2.0: Using Technology to Improve Education, Cut Red Tape, Reduce Gridlock, and Enhance Democracy [Amazon]. Robert Atkinson, VP of the Progressive Policy Institute, will comment on the book. Lunch will follow the program. This event is free and open to the public. The event will be webcast by Cato. See, notice and registration form. Location: Cato, 1000 Massachusetts Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Engineering for Communications Lawyers 101". The price to attend varies from $50 to $125. Reservations and cancellations are due by 5:00 PM on February 14. See, registration form [PDF]. Location: Skadden Arps, 1440 New York Ave., NW.

Day three of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Effective date of the Federal Communications Commission's (FCC) final rule regarding wireless services in rural areas. On September 27, 2004, the FCC released the text [137 pages in PDF] of its Report and Order and Further Notice of Proposed Rulemaking. The FCC adopted this item at its July 8, 2004 meeting. This item is 04-166 in WT Docket Nos. 02-381, 01-14, and 03-202. See, notice in the Federal Register, December 15, 2004, Vol. 69, No. 240, at Pages 75143 - 75173.

Deadline to submit comments to the Judicial Conference of the United States (JC) its proposed amendments to court rules regarding electronic filings. The JC has proposed amendments to Civil Rule 5, Appellate Rule 25, and Bankruptcy Rule 5005. Each of these proposed amendments would permit the applicable court, by local rules, to "permit or require papers to be filed, signed, or verified by electronic means" (or similar language). Current rules provide that the applicable court may "permit" filing by electronic means. See, JC notice [PDF] and notice in the Federal Register, Federal Register, December 2, 2004, Vol. 69, No. 231, at Page 70156.

10:00 AM. The Senate Banking Committee will hold a hearing titled "The Federal Reserve's First Monetary Policy Report to Congress for 2005". Federal Reserve Board Chairman Alan Greenspan will testify. See, notice. Location: Room 106, Dirksen Building.

12:30 - 1:45 PM. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Mel Karmazin, CEO of Sirius Satellite Radio. Prices range from $35 to $65. The deadline to register is February 11. See, registration form [MS Word]. Location: Mayflower Hotel, East Room, 1127 Connecticut Ave., NW.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet by teleconference to prepare for the International Telecommunications Union's (ITU) Telecommunication Standardization Advisory Group (TSAG) meeting. See, the ITU's calendar of meetings. See, notice in the Federal Register, December 20, 2004, Vol. 69, No. 243, at Page 76027. For more information, including the call in information, contact Julian Minard at minardje@state.gov.

Day four of a four day event hosted by the National Association of Regulatory Utility Commissioners (NARUC) titled "2005 Winter Committee Meetings". See, notice. Location: Hyatt Regency Washington.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding BellSouth's and Sprint's petition for reconsideration of the FCC's schools and libraries Fifth Report and Order. The FCC adopted this 5th R&O at its August 4, 2004 meeting, and released it on August 13, 2004. See, FCC Public Notice (DA 05-103). This 5th R&O is FCC 04-190 in CC Docket No. 02-6.

Deadline to submit comments to the Copyright Office in response to its notice in the Federal Register requesting comments regarding whether the 2005 cable statutory license rate adjustment proceeding should take place under the auspices of the Copyright Arbitration Royalty Panel (CARP) system or the new Copyright Royalty Judge (CRJ) system. See, Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3738 - 3739.

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