3/3. The Federal Communications Commission (FCC) announced the agenda [PDF] for its Thursday, March 10, 2005 event titled "Open Meeting". The agenda includes an order regarding unlicensed use of the 3650-3700 MHz band by wireless internet service providers (WISPs), and an order regarding cognitive radio technology.

WISPs. The FCC will consider a Report and Order and Memorandum Opinion and Order regarding use of the 3650-3700 MHz Band. This is ET Docket Nos. 04-151, 02-380, and 98-237.

On April 15, 2004, the FCC adopted a Notice of Proposed Rulemaking (NPRM) [43 pages in PDF] regarding unlicensed use of the 3650-3700 MHz band. The FCC released this NPRM on April 26, 2004. See also, stories titled "FCC Announces NPRM Regarding Unlicensed Use in the 3650-3700 MHz Band" in TLJ Daily E-Mail Alert No. 878, April 16, 2004, and "FCC Releases NPRM on Unlicensed Use of the 3650-3700 MHz Band" in TLJ Daily E-Mail Alert No. 886, April 28, 2004.

The NPRM stated that "the central proposal of this Notice would allow unlicensed devices to operate in either all, or portions of, this radiofrequency (RF) band under flexible technical limitations with smart/cognitive features that should prevent interference to licensed satellite services. Specifically, we propose to allow these devices to operate with higher power than currently authorized under Part 15 of the Rules subject to cognitive technology safeguards."

Cognitive Radio Technology. The FCC will consider a Report and Order regarding the use of cognitive, or smart, radio technology. This proceeding is titled "Facilitating Opportunities for Flexible, Efficient, and Reliable Spectrum Use Employing Cognitive Radio Technologies" and numbered ET Docket No. 03-108.

The FCC adopted its Notice of Proposed Rule Making and Order [53 pages in PDF] on December 17, 2003. It released this NPRM on December 30, 2003. This NPRM is FCC 03-322. See also, story titled "FCC Releases Cognitive Radio Technology NPRM" in TLJ Daily E-Mail Alert No. 808, December 31, 2003.

Cognitive radio technology, among other things, enables devices to determine their location, sense spectrum use by other devices, change frequency, adjust output power, and alter transmission parameters and characteristics.

UWB. The FCC will consider an order concerning ultrawideband (UWB) transmitters that operate under Part 15 of the FCC's rules. This proceeding is titled "Petition for Waiver of the Part 15 UWB Regulations Filed by the Multi-band OFDM Alliance Special Interest Group" and numbered ET Docket No. 04-352.

On August 26, 2004, the Multi-band OFDM Alliance Special Interest Group (MBOA-SIG) filed a request for a waiver of Part 15 of the FCC's rules regarding UWB systems that employ multi-band orthogonal frequency division multiplexed (MB-OFDM) modulation techniques. The MBOA-SIG requested that the average emission levels from UWB MB-OFDM transmitters, which are sequenced between three frequency bands according to one of four deterministic and fixed hopping patterns, be measured under normal operating conditions instead of with the band sequencing stopped.

Other Items. The FCC will consider an order designating 811 as the national abbreviated dialing code to be used by state One Call notification systems for providing advanced notice of excavation activities to underground facility operators in compliance with the Pipeline Safety Improvement Act of 2002. This item is CC Docket No. 92-105.

The FCC adopted its NPRM on May 13, 2004, and released the text [34 pages in PDF] on May 14, 2004. This NPRM is FCC 04-111. See also, story titled "FCC Adopts NPRM Regarding One Call Notification System" in TLJ Daily E-Mail Alert No. 899, May 17, 2004.

The FCC will also consider a Second Report and Order, Declaratory Ruling, and Second Further Notice of Proposed Rulemaking regarding the truth in billing rules and a related petition for declaratory ruling filed by the National Association of State Utility Consumer Advocates (NASUCA). This is CC Docket No. 98-170 and CG Docket No. 04-208.

The FCC's notice also lists several consent agenda items.

This event is scheduled for 9:30 AM on Thursday, March 10, 2005 in the Commission Meeting Room, Room TW-C305, 445 12th Street, SW. The event will be webcast by the FCC. The FCC does not always take up all of the items on its agenda. The FCC does not always start its monthly meetings at the scheduled time.

3/3. The Federal Communications Commission (FCC) adopted and released an order [1 page in PDF] that adopts a Consent Decree [4 pages in PDF] negotiated by the FCC's Enforcement Bureau and Madison River Communications.

The Consent Decree states that it pertains to "the blocking of ports used for Voice over Internet Protocol (``VoIP´´) applications, thereby affecting customers' ability to use VoIP through one or more VoIP service providers." The Consent Decree provides that "Madison River agrees, that Madison River shall not block ports used for VoIP applications or otherwise prevent customers from using VoIP applications."

The FCC also fined Madison River $15,000. The Consent Decree states that Madison River "agrees to make a voluntary payment" to the government.

The Madison River companies provide phone and data services in rural markets in southern and midwestern states.

This consent decree is a part of an enforcement action that constrains one set of companies. It is not the adoption of rules of general applicability to all. FCC Chairman Michael Powell wrote in a release that "In my view, the surest way to preserve `Net Freedom´ is to handle these issues in an enforcement context where hypothetical worriers give way to concrete facts and -- as we have shown today -- real solutions".

Chairman Powell has spoken about his concept of "net freedom" on several occasions. For example, he gave a speech [PDF] titled "Preserving Internet Freedom: Guiding Principles for the Industry" on February 8, 2004 at the Silicon Flatirons Symposium at the University of Colorado School of Law in Boulder, Colorado.

He argued in that speech for a concept that he called "Net Freedom" -- the concept that consumers should be able to use their broadband connections to "use the content, applications and devices they want", without restrictions imposed by their broadband service providers.

Powell argued that "the case for government imposed regulations regarding the use or provision of broadband content, applications and devices is unconvincing and speculative". However, he outlined a voluntary "road map" of rules to be followed by broadband service providers.

Powell argued that this "Net Freedom" includes the principles that "consumers should have access to their choice of legal content", "consumers should be able to run applications of their choice", and "consumers should be permitted to attach any devices they choose to the connection in their homes".

See also, story titled "Powell Opposes Regulations to Impose Broadband Network Neutrality" in TLJ Daily E-Mail Alert No. 883, February 10, 2004.

Others have argued that the FCC should write rules that impose "network neutrality" or "nondiscrimination" upon broadband service provides. The Coalition of Broadband Users and Innovators (CBUI) has filed numerous comments with the FCC urging that it write a nondiscrimination rule. See especially, comment [3 pages in PDF] filed on November 18, 2002, and comment [23 pages in PDF] filed on July 17, 2003.

See also, comment [17 pages in PDF] submitted by law professors Lawrence Lessig (Stanford) and Timothy Wu (University of Virginia) on August 22, 2003 urging that the FCC adopt a network neutrality rule. See also, story on this subject titled "Cato Study Opposes FCC Imposition of Network Neutrality", in TLJ Daily E-Mail Alert No. 816, January 15, 2004.

Also, FCC Commissioner Michael Copps delivered an address on Capitol Hill on network neutrality on March 26, 2004. See, story titled "FCC Commissioner Copps Addresses Broadband Network Neutrality" in TLJ Daily E-Mail Alert No. 868, April 2, 2004.

Jeff Pulver wrote a statement regarding the Madison River enforcement action in his Pulver.com website. He said that the FCC "seems to have demonstrated a meaningful commitment to Net Freedom. I suspect carriers and others that might control a user's access to the Internet will now think twice before blocking ports needed for VoIP and other IP-based applications, or otherwise interfering with the user's Internet experience."

Pulver added that "Chairman Powell has done much to move the communications industry to a less regulated model, while simultaneously attempting to ensure a sustainable competitive marketplace, an environment that encourages innovation and entrepreneurship, and a regulatory structure that provides for parity across platforms and encourages deployment of more robust, IP-capable, broadband networks. This is an insanely delicate tight-rope walk. I think Chairman Powell has masterfully negotiated the course, but it was essential for him to solidify his vision and the path before he stepped down."

This proceeding is titled "In the Matter of Madison River Communications, LLC and affiliated companies". This order is DA 05-543 in File No. EB-05-IH-0110.

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The House will meet at 12:00 NOON in pro forma session only. See, Republican Whip Notice.

The Senate will meet at 2:00 PM. It will resume consideration of S 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005".

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in i2way v. FCC, No. 03-1174. This is a petition for review of an order of the Federal Communications Commission (FCC) interpreting its rule that provides that no more than ten channels for a trunked mobile radio operation may be applied for in a single application. See, FCC's brief [25 pages in PDF]. Judges Randolph, Roberts and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Storage Technology, Corp. v. Custom Hardware Engineering & Consulting, Inc., No. 04-1462. This is an appeal from the U.S. District Court (DMass), in a case involving patent infringement, DMCA, copyright, trade secret and antitrust claims. This is D.C. No. 02-12102-RWZ. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ericsson Radio Systems, Inc. v. Interdigital Comm. Corp., a patent case involving cell phone technology. This is an appeal from the U.S. District Court (NDTex), D.C. No. 04-1484, Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Space Systems v. Lockheed Martin, 04-1501. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch "to discuss and plan upcoming programs". RSVP to Tammi Foxwell at tfoxwell at dlalaw dot com or 202 776-2699. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, 8th floor.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in PMI Photomagic, Ltd. v. Foto Fantasy, Inc., No. 04-1362. Location: Courtroom 402, 717 Madison Place, NW.

2:00 PM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nomination of Michael Jackson to be Deputy Secretary of Homeland Security. See, notice. Location: Room 342, Dirksen Building.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mirror Imaging, LLC v. Affiliated Computer Services, Inc., No. 04-1479. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit comments to the Office of Personnel Management (OPM) in response to its notice of proposed rulemaking (NPRM) regarding various pay and work schedule issues. Among the subjects addressed in this NPRM is the e-Payroll initiative. See, notice in the Federal Register, January 5, 2005, Vol. 70, No. 3, at Pages 1067 - 1110.

The House will meet at 12:30 PM for morning business, and at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Republican Whip Notice.

8:00 - 9:30 AM. Rep. Mike Pence (R-IN), Chairman of the House Republican Study Committee, will be the speaker at a U.S. Chamber of Commerce Policy Insiders event. The price to attend ranges from free to $55. See, notice. For more information, contact Matt Haller at mhaller at uschamber dot com or 202 463-3176. Location: Herman Lay Room, U.S. Chamber, 1615 H St., NW.

8:15 AM. Tech Net (Rick White) will hold a press conference to announce its policy agenda. For more information, contact Kirsten Vernon at 650 213-1172 or kvernon at technet dot org. Location: First Amendment Lounge, National Press Club, 529 14th St. NW, 13th Floor.

9:00 AM. The Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will meet. The meeting agenda includes an "Update on computer and microprocessor technology controls" and an "Update on encryption controls". (Emphasis added.) See, notice in the Federal Register, February 18, 2005, Vol. 70, No. 33, at Pages 8342-8343. Location: Room 3884, Herbert Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 AM. The Senate Judiciary Committee will hold a hearing on the nomination of Thomas Griffith to be a Judge of the U.S. Court of Appeals for the District of Columbia. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

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.

10:00 AM. The President's Export Council's Subcommittee on Export Administration will hold hold a partially closed meeting. See, notice in the Federal Register, February 11, 2005, Vol. 70, No. 28, at Page 7232. Location: Room 4832, Department of Commerce, 14th Street between Pennsylvania and Constitution Avenues, NW.

2:30 PM. The Senate Judiciary Committee's Subcommittee on Terrorism, Technology and Homeland Security will hold a hearing titled "Terrorism and the EMP Threat to Homeland Security". See, notice. Sen. Jon Kyl (R-AZ) will preside. Location: Room 226, Dirksen Building.

4:30 PM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP) will hold a hearing titled "Digital Music Licensing and Section 115 of the Copyright Act". See, 17 U.S.C. § 115 and Committee notice. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking regarding revisions to its Schedule of Regulatory Fees. See, notice in the Federal Register, February 28, 2005, Vol. 70, No. 38, at Pages 9575-9606.

The House will meet at 10:00 AM for legislative business. The agenda does not include any technology related items. See, Republican Whip Notice.

RESCHEDULED FOR MARCH 3. The Federal Communications Bar Association (FCBA) will host an event titled "FCBA Biennial Congressional Reception".

8:30 AM - 5:30 PM. The National Institute of Standards and Technology (NIST) will host a plenary meeting of the Technical Guidelines Development Committee. This pertains to the developing the security and usability of computer voting systems. See, NIST notice, and NIST voting web site. Location: NIST, 100 Bureau Drive, Building 101, Gaithersburg, MD.

9:00 AM - 1:00 PM. The Advisory Committee to the Congressional Internet Caucus will host an event titled "RFID Exhibition & Policy Primer". See, notice. Location: Room 902, Hart Building.

9:30 AM. Clayton Christensen, a professor at Harvard Business School, will give a speech titled "How Disruptive Innovation Will Change the Communications Industry". He is the author of The Innovator's Dilemna [Amazon], The Innovator's Solution: Creating and Sustaining Successful Growth [Amazon], and Seeing What's Next: Using Theories of Innovation to Predict Industry Change [Amazon]. Breakfast will be served at 8:30 AM. RSVP to 202 380-0620 or conferences at hbsp dot harvard dot edu. Location: Ballroom, National Press Club, 529 14th St., NW.

10:00 AM. The House Judiciary Committee will meet to mark up several bills, all of which were approved by the Subcommittee on Courts, the Internet and Intellectual Property (CIIP) on Thursday, March 3. It will mark up S 167, the "Family Entertainment and Copyright Act of 2005", HR 683, the "Trade Dilution Revision Act of 2005", HR 1036, a bill to amend Title 17 to make technical corrections relating to copyright royalty judges, HR 1037, a bill to make technical corrections to the statutory license for satellite carriers under 17 U.S.C. § 119, HR 1038, the "Multidistrict Litigation Restoration Act of 2005", and HConRes 53, expressing the sense of Congress regarding the issuance of the 500,000th design patent by the U.S. Patent and Trademark Office (USPTO). Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM -12:00 NOON. The House Science Committee's Subcommittee on Research will hold a hearing titled "National Science Foundation Budget and Management Challenges". The witnesses will be Arden Bement (Director of the National Science Foundation), Mark Wrighton (Chairman of the Audit and Oversight Committee of the National Science Board), and Christine Boesz (Inspector General of the NSF). Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the President's budget request for FY 2006 for the Department of Homeland Security (DHS). See, notice. Room 342, Dirksen Building.

Day one of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

The House will meet at 10:00 AM for legislative business. The agenda does not include any technology related items. See, Republican Whip Notice.

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 U.S. Court of Appeals (DCCir) will hear oral argument in Luck Music Library v. Ashcroft, No. 04-5240. Judges Randolph, Roberts and Williams will preside. This is an appeal from the U.S. District Court (DC), which issued its opinion [21 pages in PDF] on June 10, 2004 holding that Section 514 of the Uraquay Round Agreements Act is not unconstitutional. Section 514, which amended 17 U.S.C. § 104A, pertains to international enforcement of copyright. The District Court proceeding is D.C. No. 01-2220. See also, story titled "District Court Upholds Constitutionality of § 514 of Uruguay Round Agreements Act" in TLJ Daily E-Mail Alert No. 920, June 17, 2004. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The Senate Commerce Committee will meet to mark up numerous bills, including S 268, the "Training for Realtime Writers Act of 2005" (a bill to provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996), and S __, a bill to reauthorize the National Telecommunications and Information Administration (NTIA). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456 or Melanie_Alvord at commerce dot senate dot gov, or Andy Davis (Inouye) at 202 224-4546 or Andy_Davis at commerce dot senate dot gov . Location: Room 253, Russell Building.

10:00 AM. The House Judiciary Committee's Subcommittee on the Constitution will hold an oversight hearing titled the "U.S. Department of Justice Civil Rights Division: A Review of the Civil Rights Division for the Purpose of the Reauthorization of the U.S. Department of Justice". Most of the work of the Civil Rights Division (CRD) does not involved technology. However, in recent years its has taken the positions that web sites are covered by the Americans with Disabilities Act, and that an interactive web site operator may be sued for discrimination, based upon the content of postings by third parties. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "The Patent System and the New Economy". The presenter will be Brad Smith, General Counsel of Microsoft. Todd Dickinson (General Electric Company, and former head of the USPTO), John Duffy (George Washington University Law School), James DeLong (Progress and Freedom Foundation), and Andre Carter (Imiri Incorporated). Christopher DeMuth (AEI) will moderate. See, notice. Location: 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a brown bag lunch titled "Developments in the Fight Against Spam and Phishing". The scheduled speakers are Eric Wenger (Department of Justice's Computer Crime and Intellectual Property Section), Jennifer Jacobsen (AOL/Time Warner), Paula Bruening (Center for Democracy and Technology), and Frank Gorman (Bryan Cave). 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.

1:00 PM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "Preparing Consumers for the End of the Digital Television Transition". The hearing will be webcast by the Committee. Press contact: Larry Neal or Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202-225-3761. See, notice. Location: Room 2322 (third floor hearing room), Rayburn Building.

TIME CHANGE. 1:00 PM. The House Armed Services Committee's Subcommittee on Terrorism, Unconventional Threats and Capabilities will hold a hearing on the President's budget request for FY 2006 on defense science and technology. The witnesses will be Anthony Tether (Director of the Defense Advanced Research Projects Agency), Ronald Sega (Director of Defense Research and Engineering), James Tegnelia (Director of the Defense Threat Reduction Agency), Thomas Killion (Asst. Sec. of the Army for Research and Technology), Rear Admiral Jay Cohen (Chief of Naval Research), and James Engle (Dep. Asst. Sec. of the Air Force for Science, Technology and Engineering). Location: Room 2118, Rayburn Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. The meeting is closed to the public. The NSTAC states that the agenda includes the following: "receive briefings and consider proposed recommendations from (1) the NSTAC's Next Generation Network Task Force (NGNTF) concerning near-term issues emerging from the convergence of telecommunications and information technology, and (2) the NSTAC's Legislative and Regulatory Task Force (LRTF) concerning issues associated with the availability of critical telecommunications infrastructure information over the Internet." See, notice in the Federal Register, February 28, 2005, Vol. 70, No.38, at Page 9664.

2:30 PM. The Senate Banking Committee will hold hearings titled "Identity Theft: Recent Developments Involving the Security of Sensitive Consumer Information". See, notice. Location: Room 538, Dirksen Building.

5:00 - 7:00 PM. The American Enterprise Institute (AEI) will host a book forum. Author Paul London will discuss his book titled The Competition Solution: The Bipartisan Secret behind American Prosperity. See, AEI order page and Amazon order page. The discussants will be Kevin Hassett (AEI) and Maureen Ohlhausen (Federal Trade Commission). London was a Deputy Under Secretary of Commerce for Economics and Statistics during the Clinton administration. This book argues the recent U.S. prosperity is the result of increased competition. The book examines many industry sectors, including communications. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Introduction to Licensing Intellectual Property". The scheduled speakers are Joseph Contrera (Jacobson Holman) and Carol Lavrich (Georgetown University). 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.

Day two of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Board of Regents of the University of Texas v. Nippon Telephone and Telegraph, No. 04-1452. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch titled "2005 Legislative Priorities". The speakers will be Neil Fried (Majority Counsel, House Commerce Committee) and Johanna Shelton (Minority Counsel, House Commerce Committee). For more information, contact Catherine.Bohigian@fcc.gov. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, Suite 800.

Day three of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.