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February 22, 2005, 9:00 AM ET, Alert No. 1,080.
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WTO Panel Concludes US DRAM Countervailing Duties Order Violates SCM

2/21. A dispute settlement panel of the World Trade Organization (WTO) issued its report [121 pages in PDF] regarding its investigation of U.S. countervailing duties on dynamic random access memory (DRAM) semiconductors made in Korea. It finds that the U.S. is in violation of the Agreement on Subsidies and Countervailing Measures (SCM).

The panel concluded that the U.S. Department of Commerce's (DOC) "Final Subsidy Determination", and the U.S. International Trade Commission's (ITC) "Final Injury Determination, and the Final Countervailing Duty Order based thereon, are inconsistent with Articles 1, 2 and 15.5 of the SCM Agreement. We therefore conclude that the US is in violation of those provisions of the SCM Agreement." (Emphases in original.)

The panel also wrote that "We note that Korea requests the Panel to recommend that the US terminate the countervailing duty order immediately. Any such recommendation is precluded by Article 19.1 of the DSU, which restricts us to recommending that the US bring the relevant measures into conformity with the relevant agreement. Accordingly, in light of the conclusions above, we recommend that the US bring the DOC’s Final Subsidy Determination, the ITC’s Final Injury Determination, and the DOC’s final countervailing duty order, into conformity with the SCM Agreement." (Emphases in original. Footnote omitted.)

Micron Technology, Inc. is a company based in Boise, Idaho that makes semiconductors, including DRAMs. It complained to various U.S. executive branch agencies, including the DOC and the USITC, and the Congress, regarding DRAM related subsidies made by the Korean government.

The DOC and USITC took the actions referenced in the WTO report. This is USITC Investigation No. 701-TA-431.

Then, Korea filed a complaint with the WTO. In WTO terminology, it "requested consultations". Korea alleged that the DOC and USITC actions violated U.S. obligations under the SCM Agreement and the GATT 1994.

Bush Signs Class Action Reform Bill

2/18. The House approved S 5, the "Class Action Fairness Act of 2005", on Thursday, February 17, 2005. President Bush promptly signed the bill on Friday, February 18, 2005. See, White House release.

This bill would amend Title 28 of the U.S. Code by adding a new Chapter 114 pertaining to class actions, by adding a new Section 1332 that creates federal jurisdiction over certain class action litigation, and by adding a new Section 1453 regarding the removal of certain class actions to federal court.

A key provision of the bill creates jurisdiction in U.S. District Courts over class actions in which the aggregate amount in controversy exceeds $5 Million and any member of a plaintiff class is a citizen of a different state from any defendant.

See also, stories titled "Senate Approves Class Action Reform Bill" in TLJ Daily E-Mail Alert No. 1,075, February 11, 2005, and "Senate Judiciary Committee to Mark Up Class Action Fairness Act" in TLJ Daily E-Mail Alert No. 1,068, February 2, 2005.

President Bush stated at a White House event that "Overall, junk lawsuits have driven the total cost of America's tort system to more than $240 billion a year, greater than any other major industrialized nation. It creates a needless disadvantage for America's workers and businesses in a global economy, imposes unfair costs on job creators, and raises prices to consumers." See, transcript.

Rep. James Sensenbrenner (R-WI), the Chairman of the House Judiciary Committee, stated during House debate that "Today marks the culmination of nearly a decade of legislative efforts to end systematic abuse of our Nation's class action system. We stand on the cusp of sending landmark legislation on civil-justice reform to the President that has been approved by increasing majorities each time it has been considered by the House in each of the last three Congresses and which passed the other body last week with an overwhelming majority of 72 votes."

Rep. Sensenbrenner identified two problems with existing law. First, "A major element of the worsening crisis is the exponential increase in State class action cases in a handful of ``magnet´´ or ``magic´´ jurisdictions, many of which deal with national issues in classes. In the last 10 years, State court class actions filings nationwide have increased over 1,315 percent. The infamous handful of magnet courts known for certifying even the most speculative class action suits, the increase in filings now exceeds 5,000 percent. The only explanation for this phenomenon is aggressive forum shopping by trial lawyers to find courts and judges who will act as willing accomplices in a judicial power grab, hearing nationwide cases and setting policy for the entire country."

Second, he said that there are "outrageous settlements that benefit only lawyers and trample the rights of class members. Class actions were originally created to efficiently address a large number of similar claims by people suffering small harms. Today they are too often used to efficiently transfer the large fees to a small number of trial lawyers, with little benefit to the plaintiffs."

The just enacted bill is a Senate bill. However, in previous Congresses, the House approved class action reform bills sponsored by Rep. Bob Goodlatte (R-VA) and Rep. Rick Boucher (D-VA). See, for example, stories titled "House Passes Class Action Fairness Act" in TLJ Daily E-Mail Alert No. 680, June 13, 2003, and "Reps. Goodlatte and Boucher Re-Introduce Class Action Fairness Act" in TLJ Daily E-Mail Alert No. 619, March 10, 2003.

Rep. Goodlatte and Rep. Boucher are also two of the leading technophiles in the House. Both were present at the White House signing ceremony on February 18.

Rep. Boucher stated in the House that "The bill before us makes procedural changes only. There are no restrictions on the substantive rights of plaintiffs. There are no caps on damages. There is no elimination on the rights of plaintiffs to recover. The bill simply permits the removal to Federal courts of class actions that are truly national in scope, with plaintiffs living across the Nation and the large corporate defendant, even if the current diversity of citizenship rules are not strictly met."

Greenspan Testifies on Technology and Workforce Skills

2/17. Alan Greenspan, Chairman of the Federal Reserve Board (FRB), testified before the House Financial Services Committee on February 17, and before the Senate Banking Committee on February 16, 2005. See, prepared testimony. He also presented the FRB's Monetary Policy Report to the Congress [29 pages in PDF].

The FRB report states that "Spending on high-technology equipment increased 15½ percent last year after having risen 19 percent in 2003; these gains followed two years of declines. Although the pattern of spending was uneven over the four quarters of 2004, for the year as a whole, business outlays for computing equipment rose 25 percent in real terms, while spending on software and communications equipment posted increases of 13 percent and 10 percent respectively."

Greenspan discussed technology and workforce skills in his prepared testimony. He said that "Another critical long-run economic challenge facing the United States is the need to ensure that our workforce is equipped with the requisite skills to compete effectively in an environment of rapid technological progress and global competition. Technological advance is continually altering the shape, nature, and complexity of our economic processes. But technology and, more recently, competition from abroad have grown to a point at which demand for the least-skilled workers in the United States and other developed countries is diminishing, placing downward pressure on their wages. These workers will need to acquire the skills required to compete effectively for the new jobs that our economy will create."

He continued. "At the risk of some oversimplification, if the skill composition of our workforce meshed fully with the needs of our increasingly complex capital stock, wage-skill differentials would be stable, and percentage changes in wage rates would be the same for all job grades. But for the past twenty years, the supply of skilled, particularly highly skilled, workers has failed to keep up with a persistent rise in the demand for such skills. Conversely, the demand for lesser-skilled workers has declined, especially in response to growing international competition. The failure of our society to enhance the skills of a significant segment of our workforce has left a disproportionate share with lesser skills. The effect, of course, is to widen the wage gap between the skilled and the lesser skilled."

Greenspan commented that "In a democratic society, such a stark bifurcation of wealth and income trends among large segments of the population can fuel resentment and political polarization. These social developments can lead to political clashes and misguided economic policies that work to the detriment of the economy and society as a whole. As I have noted on previous occasions, strengthening elementary and secondary schooling in the United States -- especially in the core disciplines of math, science, and written and verbal communications -- is one crucial element in avoiding such outcomes. We need to reduce the relative excess of lesser-skilled workers and enhance the number of skilled workers by expediting the acquisition of skills by all students, both through formal education and on-the-job training."

House Subcommittee Marks Up Spyware Bill

2/16. The House Commerce Committee's Subcommittee on Trade, Commerce and Consumer Protection amended and approved HR 29, the "The Securely Protect Yourself Against Cyber Trespass Act" or "Spy Act". HR 29 prohibits certain conduct with respect to spyware, and gives the Federal Trade Commission (FTC) civil enforcement authority.

The Subcommittee adopted an amendment [6 pages in PDF] offered by Rep. Clifford Stearns (R-FL), the Chairman of the Subcommittee, that contains about 30 changes to the bill as introduced. Most changes are minor or technical corrections. It then approved the bill as amended.

One significant change pertains to cookies. Rep. Mary Bono (R-CA), the sponsor of the bill, stated that "This amendment clarifies, through a rule of construction, that this bill does not apply to cookies, including third party cookies. This change demonstrates the collaboration and ongoing efforts between Member's staff, Committee staff and industry to come up with provisions that are sensitive to legitimate business models."

The bill as introduced [PDF] provided an exception to the bill's definition of "computer software" for cookies. It provided that "Such term does not include -- (i) a cookie or other text or data file that is placed on the computer system of a user by an Internet service provider, interactive computer service, or Internet website to return information to such provider, service, or website; or (ii) computer software that is placed on the computer system of a user by an Internet service provider, interactive computer service, or Internet website solely to enable the user subsequently to use such provider or service or to access such website."

The amendment approved on February 16 replaces this language with the following: "Such term does not include computer software that is placed on the computer system of a user by an Internet service provider, interactive computer service, or Internet Web site solely to enable the user subsequently to use such provider or service or to access such Web site."

The amendment also provides the following rule of construction: "This paragraph may not be construed to include, as computer software, a cookie or any other type of text or data file that solely may be read or transferred by a computer."

Rep. Bono added that "This amendment also expands the scope of this bill to prohibit home page hijacking and makes clear that embedded ads are not subject to the identity function."

HR 29 (109th Congress), as introduced, was substantially identical to HR 2929 (108th Congress), which was also titled the SPY ACT. The House approved that bill by a vote of 399-1 on October 5, 2004. See, Roll Call No. 495. See also, story titled "House Passes First Spyware Bill" and story titled "Summary of House Commerce Committee Spyware Bill" in TLJ Daily E-Mail Alert No. 991, October 6, 2004.

The House Commerce Committee held a hearing last month on this subject. See, story titled "House Commerce Committee Holds Hearing on Spyware Bill" in TLJ Daily E-Mail Alert No. 1,064, January 27, 2005.

People and Appointments

2/18. President Bush announced his intent to designate Peter Allgeier acting U.S. Trade Representative (USTR). He is currently the Deputy USTR. See, White House release.

2/18. President Bush nominated Michael Jackson to be Deputy Secretary of Homeland Security. If confirmed by the Senate, he would replace James Loy. See, White House release.

2/18. Paul Roye, Director of the Securities and Exchange Commission's (SEC) Division of Investment Management, will leave the SEC. See, SEC release.

2/17. Hewlett Packard announced that it appointed Russell Reynolds Associates to search for a new CEO to replace Carly Fiorina. HP further stated that Andrea Redmond and Charles Tribbett will lead the search team. See, HP release.

2/16. Bruce Forrest was named Interim Chief Copyright Royalty Judge, effective February 7, 2005. The Copyright Office (CO) stated that he "will serve until the Librarian of Congress appoints three Copyright Royalty Judges (CRJs) who initially will serve two- to six-year terms, which are expected to commence on or after May 31st, the effective date of the Copyright Royalty and Distribution Reform Act of 2004." Forrest previously worked in the Department of Justice's (DOJ) Civil Division, where he represented the Copyright Royalty Tribunal (CRT) and the Librarian of Congress. See, CO release.

2/18. Kevin Madden was named Deputy Director and Press Secretary in the Department of Justice's (DOJ) Office of Public Affairs. He worked for the Bush Cheney 2004 election campaign. See, DOJ release.

More News

2/18. The Bureau of Industry and Security (BIS), which regulates exports and other matters, published a notice in the Federal Register that describes and recites numerous changes to its Export Administration Regulations (EAR). These changes pertain to, among other things, certain integrated circuits and software. See, Federal Register, February 18, 2005, Vol. 70, No. 33, at Pages 8245 - 8251.

2/16. Securities and Exchange Commission (SEC) Chairman William Donaldson gave a speech in Washington DC at the Mutual Fund Directors Forum. He stated that "We also need to examine ways that we can make better use of technology, including the Internet, in our disclosure regime. In this regard, nothing will be off the table -- and we welcome your input and ideas."

2/18. The Federal Communications Commission (FCC) released its Second Order on Reconsideration [26 pages in PDF] in its proceeding titled "In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991". The FCC adopted, but did not release, this item at its February 10, 2005 meeting. See also, the FCC February 10 release [PDF] that describes this item. This item is FCC 05-28 in CG Docket No. 02-278.

2/16. The Federal Communications Commission (FCC) released its Notice of Proposed Rulemaking and Memorandum Opinion and Order [41 pages in PDF] in its proceeding titled "In the Matter of Amendment of Part 90 of the Commission’s Rules to Provide for Flexible Use of the 896-901 MHz and 935-940 MHz Bands Allotted to the Business and Industrial Land Transportation Pool. Oppositions and Petitions for Reconsideration of 900 MHz Band Freeze Notice". This item is FCC 05-31 in WT Docket No. 05-62. Initial public comments on the NPRM portion of this item will be due 30 days after publication of a notice in the Federal Register. Reply comments will be due 45 days after publication. The FCC has not yet published this notice. See also, the FCC's February 10 release [PDF] that describes this item.

2/17. Michael Gallagher, head of the National Telecommunications and Information Administration (NTIA), gave a speech to the Alliance for Telecommunications Industry Solutions (ATIS). See, presentation slides [PDF].

2/11. Clay Johnson, the Deputy Director for Management at the Office of Management and Budget (OMB), wrote a letter [PDF] to the heads of executive departments and agencies asking them "to identify to OMB the senior official who has the overall agency-wide responsibility for information privacy issues.

Publication Schedule
There was no issue of the TLJ Daily E-Mail Alert on Friday, February 18, 2005, or on Monday, February 21, 2005.
Washington Tech Calendar
New items are highlighted in red.
Tuesday, February 22

The Supreme Court return from a recess that began on January 24, 2005.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Library Association v. FCC, No. 04-1037. The is a petition for review of the Federal Communications Commission's (FCC) broadcast flag order. See, Report and Order Further Notice of Proposed Rulemaking [72 pages in PDF]. This item is FCC 03-273 in MB Docket 02-230. See also, story titled "FCC Releases Broadcast Flag Rule" in TLJ Daily E-Mail Alert No. 772, November 5, 2003. The petitioners are the American Library Association (ALA), Association of Research Libraries, American Association of Law Libraries, Medical Library Association, Special Libraries Association, Consumer Federation of America (CFA), Consumers Union, and Electronic Frontier Foundation (EFF). Public Knowledge and the law firm of Steptoe and Johnson represent petitioners. See, petitioners' brief [63 pages in PDF]. Judges Edwards, Sentelle and Rogers will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Organization of American States' (OAS) Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II meeting in Guatemala to be held in April 2005. See, notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78515-78516. For more information, including the location, contact Cecily Holiday at holidaycc@state.gov or Anne Jillson at jillsonad@state.gov. Location: undisclosed.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Online Communications Committee will host a brown bag lunch. Jeffrey Carlisle (Co-Director of the FCC's Internet Policy Working Group and Chief of the FCC's Wireline Competition Bureau) will give an address on voice over internet protocol issues titled "Fear and Loathing in The Voice Markets". RSVP to Wendy Parish wendy@fcba.org. Location: Davis Wright Tremaine, 1500 K Street, NW, Suite 450.

6:00 - 8:45 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Using Section 337 Proceedings for Effective Enforcement of Intellectual Property Rights at the Border". The speakers will be Wayne Herrington (International Trade Commission), Sturgis Sobin (Miller & Chevalier), Cindy Weber (Sughrue Mion), and Aoi Nawashiro (Browdy & Neimark). 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.

Wednesday, February 23

TIME? 10:00 AM or 12:00 NOON. The Advisory Committee for the 2007 World Radiocommunication Conference will meet. See, FCC notice [PDF] and notice in the Federal Register, January 3, 2005, Vol. 70, No. 1, at Page 87. Location: Federal Communications Commission (FCC), Commission Meeting Room (TW-C305), 445 12th St., SW. The Federal Register notice puts this meeting at 10:00 AM. The latest FCC calendar [PDF] lists it at 12:00 NOON.

11:30 AM - 1:45 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Wireless Broadband Issues & Hot Topics". The speakers will include Lauren Van Wazer and John Branscome (Co-Chairs of the FCC's Broadband Wireless Access Task Force), Carolyn Brandon (VP Policy, CTIA), Andrew Krieg (President of Wireless Communications Association International), Rebecca Arbogast (Legg Mason), David Furth (Associate Chief of the FCC's Wireless Telecommunications Bureau), Paul Sinderbrand (Wilkinson Barker & Knauer), Donald Evans (Fletcher Heald & Hildreth), Todd Gray (Dow Lohnes & Albertson). Lunch will be served. For more information, contact Adam Krinksy at 202 383-3340. See, registration form [PDF]. Prices to attend range from $65 to $140. Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

12:00 - 1:30 PM. The DC Bar Association will host an event titled "Protecting Consumers in the 21st Century: Law Enforcement at the Federal Trade Commission". The speaker will be Deborah Majoras, Chairman of the Federal Trade Commission (FTC). The price to attends ranges from $10 to $20. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Day one of a two day meeting of the Homeland Security Science and Technology Advisory Committee (HSSTAC). This meeting is closed to the public. See, notice in the Federal Register, January 31, 2005, Vol. 70, No. 19, at Page 4881. Location: Booz Allen Hamilton, Virginia Square Plaza, 3811 Fairfax Drive, Arlington, VA.

Thursday, February 24

10:00 - 11:00 AM. Jeffrey Carlisle, Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau will hold a news conference. For more information, contact Mark Wigfield at 202 418-0253 or Mark dot Wigfield at fcc dot gov. Location: FCC, Room TW-C488.

12:15 PM. The Federal Communications Bar Association (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "A Bird's-Eye View of Developments in Satellite Communications". The scheduled speakers include Bill Bailey (XM Radio), Susan Eid (Directv), Jennifer Warren (Lockheed Martin), and a representative of the FCC's International Bureau. For more information, contact Natalie Roisman at natalie.roisman@fcc.gov or 202 418-1655. Location: Mintz Levin, 701 Pennsylvania Ave., NW.

Day two of a two day meeting of the Homeland Security Science and Technology Advisory Committee (HSSTAC). This meeting is closed to the public. See, notice in the Federal Register, January 31, 2005, Vol. 70, No. 19, at Page 4881. Location: Booz Allen Hamilton, Virginia Square Plaza, 3811 Fairfax Drive, Arlington, VA.

Friday, February 25

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch on the Federal Communications Commission's (FCC) latest order on remand regarding the unbundling requirements of incumbent local exchange carriers. The speakers will be Tom Navin (Chief of the FCC's Wireline Competition Bureau's Competition Policy Division), Jason Oxman (ALTS), Melissa Newman (Qwest Communications), and Paul Feldman (Fletcher Heald & Hildreth). RSVP to Cecilia Burnett at cmburnett at hhlaw dot com or 202 637-8312. Location: Litigation Center, Hogan & Hartson, 555 13th Street NW. (This is beneath the building's main lobby.)

The National Institute of Standards and Technology's (NIST) Computer Security Division is scheduled to issue its FIPS 201. See, public draft [91 pages in PDF] titled "Federal Information Processing Standard 201 (FIPS 201), Personal Identity Verification for Federal Employees and Contractors".

Effective date of most of the provisions of the Federal Communications Commission (FCC) Second Report and Order and Order on Reconsideration regarding reducing barriers to secondary markets for spectrum rights. See, notice in the Federal Register, December 27, 2004, Vol. 69, No. 247, at Pages 77521 - 77559. The FCC adopted this item at its July 8, 2004 meeting, and released the text [PDF] of this item on September 2, 2004. See, stories titled "FCC Adopts Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 934, July 9, 2004, and "FCC Releases Second Secondary Markets Report and Order" in TLJ Daily E-Mail Alert No. 969, September 3, 2004. This second report and order is FCC 04-167 in WT Docket No. 00-230.

Deadline to submit comments, and Notices of Intent to Participate, to the Copyright Office in response to its notice of proposed rulemaking (NPRM) regarding a proposed settlement of royalty rates for analog television broadcast stations retransmitted by satellite carriers under statutory license. See, notice in the Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3656 - 3658.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other procedures for Auction 61, the auction of of ten Automated Maritime Telecommunications System (AMTS) licenses scheduled to commence on August 3, 2005. See, notice in the Federal Register, February 11, 2005, Vol. 70, No. 28, at Pages 7270-7274.

Monday, February 28

The Senate will return from its Presidents Day recess at 2:00 PM. It will take up S 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005". See, Senate calendar.

2:00 - 3:00 PM. The National Science Foundation (NDF) will host a lecture titled "What's New in Nanoscale Structures: Fluctuations and Entropy". The speaker will be Ellen Williams (Professor of Physics at the University of Maryland). See, NSF schedule of public events. Location: NSF, 4201 Wilson Blvd., Room 375, Arlington, VA.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "What You Need to Know About the Digital Millennium Copyright Act and Its Application". The speakers will be Peter Jaszi (American University Washington College of Law), Robert Kasunic (U.S. Copyright Office, invited), Stacey King (Howrey Simon), and Alan Lewine (Litman Law Office, invited). 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 deadline to submit comments to the Internet Corporation for Assigned Names and Numbers (ICANN) regarding its three year Strategic Plan [73 pages in PDF]. See, ICANN's November 16, 2004 notice setting January 15 deadline. See also, ICANN's web page with information about the Strategic Plan.

Deadline for the submission of DART claims for 2004 DART royalty funds to the Copyright Office. See, notice in the Federal Register, November 29, 2004, Vol. 69, No. 228, at Pages 69288 - 69290.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the progress made by the states in implementing E911 solutions for multi-line telephone systems (MLTSs). See, notice in the Federal Register, January 13, 2005, Vol. 70, No. 9, at Pages 2405 - 2406.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding new or revised requirements for Federal Information Processing Standard (FIPS) 140-3, which pertains to security for cryptographic modules that are utilized by federal agencies. See, notice in the Federal Register, January 12, 2005, Vol. 70, No. 8, at Pages 2122 - 2123.

Tuesday, March 1

The House will return from its Presidents Day recess at 2:00 PM.

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

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Report and Order and Further Notice of Proposed Rulemaking (FNPRM) [54 pages in PDF] regarding the children's programming obligations of digital television broadcasters. This item is FCC 04-221 in MM Docket 00-167. See, story titled "FCC Adopts Report and Order Re Children's Programming Obligations of DTV Broadcasters" in TLJ Daily E-Mail Alert No. 975, September 13, 2004.

Deadline to submit initial comments to the Federal Communications Commission (FCC) to assist it in preparing the report required by Section 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." See, FCC notice [4 pages in PDF]. This Public Notice is DA 05-169. See also, notice in the Federal Register, February 8, 2005, Vol. 70, No. 25, at Pages 6593-6595.

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