3/10. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order and Memorandum Opinion and Order regarding non-exclusive licensing of use of the 3650-3700 MHz band by wireless internet service providers (WISPs).

First, this item protects incumbents in this band, existing satellite earth stations and grandfathered federal radar stations. Then, this item requires licensing, without auctions, and provides for multiple, non-exclusive licenses, for technologies using contention based protocols. The FCC calls this a "hybrid approach", adopting characteristics of both licensed and unlicensed models.

The FCC issued a short release [PDF] describing this item, and three Commissioners wrote brief statements.

FCC Chairman Michael Powell wrote in his statement [PDF] that with these new rules, this band "should be attractive to entrepreneurial WISPs, community-based networks, and others interested in providing broadband in rural communities. With our flexible technical rules, this spectrum is also a potential home for new innovative technologies, such as WiMAX."

FCC Commissioner Michael Copps wrote in a statement [PDF] praising this item that "Entrepreneurial, municipal and mesh networks can begin operation without the heavy financial burden of an auction and competition will not be limited by the use of exclusive licenses. Auctions and exclusive licenses are powerful tools that have given us great success in other bands and we should not retreat in our use of these tools."

FCC Commissioner Jonathan Adelstein wrote in a his statement [PDF] that this approach is "bold" and "novel", and "should make it much easier for this spectrum to get in the hands of people who are ready and willing to use it."

The FCC's release states that "there is no limit on the number of licenses that can be granted, and each licensee will be authorized to operate on a shared basis with other licensees on all 50 megahertz of the band, subject to restrictions in geographic areas occupied by grandfathered Fixed Satellite Service (FSS) and Federal Government stations." Also, "Licensees will also be required to register all system base stations electronically with the Commission."

The FCC's release also states that "The Commission gave all licensees the mutual obligation to cooperate and avoid harmful interference to one another. Mobile stations also will be required to positively receive and decode an enabling signal transmitted by a base station."

This item is FCC 05-56 in ET Docket Nos. 04-151, 02-380, and 98-237, and WT Docket No. 05-96.

On April 15, 2004, the FCC adopted its Notice of Proposed Rulemaking (NPRM) [43 pages in PDF] regarding 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.

3/11. The Federal Communications Commission (FCC) released its Report and Order [42 pages in PDF] in its proceeding titled "Facilitating Opportunities for Flexible, Efficient, and Reliable Spectrum Use Employing Cognitive Radio Technologies". See also, FCC release [PDF] summarizing this R&O.

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

FCC Commissioner Jonathan Adelstein wrote in a separate statement [PDF] praising this R&O that "These technologies should lead to the advent of smarter unlicensed devices that make greater use of spectrum than is possible today. Cognitive radios may also provide licensees with innovative ways to use their current spectrum more efficiently, and to lease their spectrum more easily on the secondary market."

This R&O states that "we are here modifying and clarifying our equipment rules to further facilitate the development and deployment of software defined and cognitive radios."

The R&O eliminates the requirement that manufacturers supply source code to the FCC. The R&O states that "We find that the specific rule that requires manufacturers to supply a copy of their radio software (source code) to the Commission upon request is unnecessary because such software is generally not useful for certification review and may have become an unnecessary barrier to entry." (Parentheses in original.)

The R&O states that "We are requiring that a manufacturer supply a high level operational description of the radio software that controls its RF characteristics for certification of a software defined radio. We are also clarifying our rules to permit manufacturers to market radios that have the hardware-based capability to transmit outside authorized United States frequency bands, but have software controls to limit operation to authorized frequency bands when used in the United States."

The R&O also states that "we are modifying the rules to ensure that radios with software that is designed or expected to be modified by a party other than the manufacturer have reasonable security measures to prevent unauthorized modifications that would affect the RF operating parameters or the circumstances under which the transmitter operates in accordance with Commission rules. Further, we describe the technical measures that cognitive radios could employ to allow secondary use of spectrum by lessees while maintaining the availability of the spectrum for a higher priority use by the licensee when needed."

This R&O does not adopt a technical model for interruptible spectrum use. Nor does it adopt any rules changes to to allow higher power operation by unlicensed devices, for example, in rural areas.

The FCC adopted this R&O at its March 10, 2005 meeting. This item is FCC 05-57 in 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.

3/11. The Federal Communications Commission (FCC) released an order [PDF] in its proceeding titled "In the matter of Petition for Waiver of the Part 15 UWB Regulations Filed by the Multi-band OFDM Alliance Special Interest Group".

This order grants a waiver of certain emission measurement procedures applicable to ultrawideband (UWB) transmitters.

It states that "we are permitting the emissions from UWB transmitters operating in the 3.1-5.03 GHz and 5.65-10.6 GHz bands that employ frequency hopping or stepped frequency modulation techniques, or that gate the transmitted signal, to be measured with the transmitter operating in its normal transmission mode. This waiver applies to the measurement procedure applicable to UWB devices, permitting products to be tested based on the manner in which they are operated. This action is taken in response to a Petition for Waiver that was filed by the Multi-band OFDM Alliance Special Interest Group (``MBOA-SIG´´) on August 26, 2004." (Footnotes omitted.)

The FCC adopted and announced this order on March 10, and released it on March 11. This order is FCC 05-58 in ET Docket No. 04-352.

On February 14, 2002, the FCC adopted its First Report and Order [118 pages in PDF] in its UWB proceeding titled "In the matter of Revision of Part 15 of the Commission’s Rules Regarding Ultra Wideband Transmission Systems", and numbered ET Docket No. 98-153. It released that order on April 22, 2002. It is FCC 02-48.

The FCC adopted a Second Report and Order and Second Memorandum Opinion and Order [55 pages in PDF] at its meeting of December 15, 2004. See, story titled "FCC Adopts UWB Second Report & Order" in TLJ Daily E-Mail Alert No. 1,039, December 16, 2004. It released this order on December 16. This item is FCC 04-285 in ET Docket No. 98-153.

3/10. The Federal Communications Commission (FCC) announced, but did not release, a Second Report and Order, Declaratory Ruling, and Second Further Notice of Proposed Rulemaking that extends truth in billing requirements to consumers' wireless phone bills.

The FCC issued a short release [PDF], and four Commissioners wrote statements. The FCC release states that the order removes "the existing exemption for Commercial Mobile Radio Service (CMRS) carriers from the rules requiring that billing descriptions be brief, clear, non-misleading and in plain language".

The FCC release also states that the order preempts certain types of state regulation, and asks for comments on related subjects.

FCC Chairman Michael Powell wrote in a separate statement [PDF] that "wireless service is inherently an interstate service", and hence, "it is simply not sustainable to have a multitude of divergent, and at times intrusive, state-by-state billing regulations." He wrote that this item "limits states' authority to enforce their own generally applicable consumer protection laws, to the extent such laws do not require or prohibit use of line items. Indeed, like our approach to voice over Internet protocol, we envision an active state partnership in enforcing whatever further rules and guidelines are adopted in this proceeding."

FCC Commissioner Kathleen Abernathy wrote in a separate statement [PDF] that "We also narrowly define our preemption to address only those state regulations that either require or prohibit the use of line items."

FCC Commissioner Michael Copps wrote in a separate statement [PDF] that he dissents to the preemption of state regulatory authority. Similarly, FCC Commissioner Jonathan Adelstein wrote in his dissenting statement [PDF] that because of preemption, "the most tangible result of this Order will likely be less oversight of consumers' bills, not more."

This item is FCC 05-55 in CC Docket No. 98-170 and CG Docket No. 04-208.

3/8. The Federal Trade Commission (FTC) filed a complaint [18 pages in PDF] in U.S. District Court (EDWash) against MaxTheatre and Thomas Delanoy alleging violation of Section 5 of the FTC Act in connection with their false and deception representatives in the marketing of purported anti-spyware products. On March 8, 2005, the District Court issued a Temporary Restraining Order and Order to Show Cause [PDF]. See also, FTC release.

The complaint alleges that the "defendants have marketed, sold, and distributed via the Internet various purported “anti-spyware” computer software products".

The complaint further alleges that "In an effort to induce consumers to purchase and download the defendants’ “anti-spyware” software from their web site, the defendants make numerous material deceptive representations in their marketing media."

"First, after describing the various dangers of spyware surreptitiously installed on a computer, the defendants represent that they have “scanned” or otherwise examined the consumer’s computer and have detected that spyware already resides on it. In numerous instances, the defendants make these spyware detection claims when the computer has no spyware residing on it."

"Second, the defendants represent that their “anti-spyware” software, which they sell for approximately $29.95, removes all or substantially all of the spyware that resides on a computer. In numerous instances, the defendants make these spyware removal claims when the defendants’ “anti-spyware” software fails to remove significant amounts of spyware that resides on a computer."

The complaint alleges that this violates Section 5(a) of the FTC Act, which is codified at 15 U.S.C. § 45(a). This provides that "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful."

The District Court issued an ex parte temporary restraining (TRO) order that orders the defendants to stop making false and deceptive representations. The TRO also compels the defendants to provide the FTC with information about their finances and sales.

This case is FTC v. MaxTheater, Inc. and Thomas L. Delanoy, U.S. District Court for the Eastern District of Washington, D.C. No. 05 -CV-0069-LRS, Judge Lonny Suko presiding.

3/11. The Office of the Solicitor General (OSG) filed its Conditional Cross-Petition for Writ of Certiorari in FCC v. Prometheus Radio Project, a case regarding the Federal Communications Commission's (FCC) media cross ownership rules.

The OSG wrote that in other petitions (Nos. 04-1020, 04-1033, 04-1036, and 04-1045) "various industry parties make constitutional and statutory arguments that the Commission's broadcast ownership limitations must be subject to extraordinarily rigorous judicial scrutiny. As the government will explain in greater detail in its brief in opposition, the Court should deny those petitions. If, however, the Court were to grant the industry petitions, it should also grant this conditional cross-petition to review the court of appeals' conclusion that, under ordinary standards of judicial review of administrative action, the Commission failed to provide a reasoned analysis supporting the particular cross-media and local television and radio rules that it adopted. Otherwise, the Court's consideration of the industry petitioners' claims would require the Court to determine abstract constitutional (and statutory) questions without having before it any set of otherwise valid, concrete rules to which the desired higher standards of review could be applied." (Parentheses in original.)

This is Federal Communications Commission and USA v. Prometheus Radio Project, et al., Sup. Ct. No. 04-1168, a cross-petition for writ of certiorari to the U.S. Court of Appeals for the 3rd Circuit.

3/11. John Muleta, Chief of the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau announced that he will leave the FCC at the end of March 2005. See, FCC release [PDF].

3/11. Robert Pepper was named acting Chief of the Federal Communications Commission's (FCC) Office of Strategic Planning and Policy Analysis (OSP), effective Monday, March 14, 2005. Pepper is currently the FCC's Chief of Policy Development. Linda Blair, who has been acting Chief of the OSP since October of 2004, will return to her previous position of Deputy Chief of the FCC's Enforcement Bureau. See, FCC release [PDF].

3/11. President Bush announced his intent to nominate Paul Clement to be Solicitor General. He has been the acting Solicitor General since the departure of Ted Olson, who returned to the law firm of Gibson Dunn & Crutcher. Clement previously was a partner in the Washington DC office of the law firm of King & Spalding. See, White House release.

3/11. The Senate confirmed Michael Jackson to be Deputy Secretary of the Department of Homeland Security (DHS), by voice vote, on Thursday, March 10, 2005. He took the oath of office on Friday, March 11, 2005. See, DHS release.

3/11. Spencer Barasch, the senior enforcement official in the Securities and Exchange Commission's (SEC) Ft. Worth, Texas, office, will leave the SEC to become a partner in the Dallas office of the law firm of Andrews Kurth (AK). See, SEC release and AK release.

3/10. The March 10 meeting of the Federal Communications Commission (FCC) was the last for outgoing Chairman Michael Powell. See, statement by Commissioner Kevin Martin.

3/9. Kyle Sampson was named Deputy Chief of Staff and Counselor to the Attorney General Alberto Gonzales, and Chairman of the Department of Justice's (DOJ) Task Force on Intellectual Property. Sampson was Counselor to former Attorney General John Ashcroft. Before that, he was Associate Counsel to the President, where he worked for Gonzales. He previously was Counsel to Sen. Orrin Hatch (R-UT), a former Chairman of the Senate Judiciary Committee. Gonzales stated in a release that the Task Force on IP "is an important component in the Department of Justice's effort to protect the creativity, resourcefulness, and innovation of Americans and to curb the threat that intellectual property crimes pose to the nation's economic security ... The prosecution of intellectual property offenses remains a high priority, and this effort will ensure that the Department of Justice remains committed to the evolving challenges of intellectual property crime in the digital age." David Israelite was the previous Chairman of the Task Force on IP. He left the DOJ to become P/CEO of the National Music Publishers' Association (NMPA). See, NMPA release [PDF].

3/9. Arif Alikhan was named Vice Chairman and Executive Director of the Department of Justice's (DOJ) Task Force on Intellectual Property. He was an Assistant U.S. Attorney in the Central District of California (which includes the Los Angeles area), where he was the Chief of the Cyber and Intellectual Property Crimes Section. In his new position, he will be responsible for overseeing the implementation of the Task Force's recommendations and directing the DOJ's Computer Hacking and Intellectual Property (CHIP) program.

3/8. Rachel Jagoda was named Staff Assistant to the House Science Committee. She previously worked for the Federation of American Scientists. Also, Zachary Kurz was named Staff Assistant to the Committee. He was previously an intern on the personal staff of Rep. Sherwood Boehlert (R-NY), the Chairman of the Committee.

3/4. Berkley Etheridge was named VP and Counsel at the National Music Publishers' Association (NMPA). She was previously an Attorney Advisor in the Office of Legislative Affairs at the Department of Justice (DOJ). See, NMPA release [PDF].

2/17. Gary Greenstein was named General Counsel of SoundExchange. He was previously VP of Business and Legal Affairs for the Recording Industry Association of America (RIAA). See, release [PDF].

3/11. Sen. Ted Stevens (R-AK), the Chairman of the Senate Commerce Committee, stated that he expects the Committee to report a broadcast decency bill, that is expanded to include cable and other technologies for delivering multichannel programming. See, transcript.

He said "We ought to find some way to say, here is a block of channels, whether it’s delivered by broadband, by VoIP, by whatever it is, to a home, that is clear of the stuff you don't want your children to see."

He also stated that the legislation ought to impose a ratings system upon cable. He said that "We're not going to censor cable. We're just going to do, by the way, what the movie business does in the beginning -- you read the ad about the movie, you look at it and it tells you whether its something you should take your children to."

The House Commerce Committee approved its bill, HR 310, the "Broadcast Decency Enforcement Act of 2005", on a roll call vote of 46-2, on February 10, 2005. See, story titled "House Commerce Committee Approves Bill to Increase Broadcast Indecency Fines" in TLJ Daily E-Mail Alert No. 1,074, February 10, 2005.

The full House approved the bill on February 16, 2005. HR 310 amends the Communications Act by increasing the maximum penalty for obscene, indecent, or profane material in radio or television broadcasts from $32,500 to $500,000 per violation. However, it only affects broadcast radio and television. It does not affect other subscription providers of multichannel programming, such as cable, direct broadcast satellite (DBS), and satellite radio.

Sen. Stevens (at right) said that "I think we'll probably try to report out a Senate bill and on the floor put it in as a substitute to the House and to conference". He also said that "we postponed the markup until after the recess and we’re going to do it right and I invite cable to come in and talk".

Sen. Stevens stated that "I intend to try and level the playing field. I take the position that at the time the Supreme Court made its decision about cable, cable was just one of the ways for public access to television products. Today 85 percent of the television that is brought to American homes is brought by cable and I believe that the playing field should be leveled. We have imposed this as a standard on local broadcasters. Under the law, we compel cable to carry those local broadcasters."

Legal Background. In FCC v. Pacifica Foundation, 438 U.S. 726 (1978), the Supreme Court upheld the FCC's power to regulate broadcasting that is indecent, but not obscene. At issue was a radio broadcast of a monologue by gutter comic George Carlin. However, no majority of the Court formed around any constitutional analysis for sustaining the regulation under the First Amendment. Although, the Court noted the pervasive, accessible and ubiquitous nature of broadcasting.

Cable operators (as well as DBS and satellite radio providers) have argued that since they are subscription based services, they lack the pervasive, accessible and ubiquitous nature that the Court relied upon in allowing government regulation of broadcasters. They also note that many cable companies offer their customers channel blocking capabilities.

In Turner Broadcasting System v. FCC, 512 U.S. 622 (1994), also known as Turner I, the Supreme Court upheld the must carry provisions of the Cable Television Consumer Protection and Competition Act of 1992, Public Law 102-385, against a First Amendment challenge. The Court rejected Turner's argument that strict scrutiny applies, and instead, applied intermediate scrutiny analysis.

Turner Broadcasting System v. FCC, 520 U.S. 180 (1997), Turner II, reaffirmed that "We held that, under the intermediate level of scrutiny applicable to content neutral regulations, must carry would be sustained if it were shown to further an important or substantial governmental interest unrelated to the suppression of free speech, provided the incidental restrictions did not "burden substantially more speech than is necessary to further" those interests."

See also, story titled "Senator Stevens Discusses Indecency" in TLJ Daily E-Mail Alert No. 1,086, March 2, 2005.

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

The Senate will meet at 10:00 AM. It will begin consideration of the FY 2006 budget resolution.

8:00 AM - 5:45 PM. The Intellectual Property Owners Association (IPO) will host a conference titled "Patent Trolls and Patent Property Rights". See, notice and conference brochure [PDF]. For more information, contact Susan Lusk at susan at ipo dot org or 202 466-2396. Location: The Ronald Reagan Building and ITC.

10:35 AM. President Bush will present medals to the recipients of the National Medals of Technology and the National Medals of Science. Location: White House.

2:00 PM. Sen. Charles Grassley (R-IA) and Sen. Max Baucus (D-MT), the Chairman and ranking Democrat of the Senate Finance Committee, will meet with Japanese Ambassador Ryozo Kato to discuss trade policy. This meeting is closed. At about 2:45 PM, Sen. Grassley and Sen. Baucus will hold a media availability. Press contact: Jill Gerber (Grassley) at 202 224-6522 or Brian Pomper or Wendy Carey (Baucus) at 202 224-4515. Location: Room 628, Dirsken Building.

Extended deadline to submit reply 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.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. It will begin consideration of HR __, the "Emergency Supplemental Wartime Appropriations Act". See, Republican Whip Notice.

8:00 AM - 4:00 PM. The Consumer Electronics Association (CEA) will host an event titled "HDTV Summit: The Analog Cut-Off". Rick Chessen of the Federal Communications Commission's (FCC) DTV Task Force is scheduled to speak at a morning panel. See, notice. Location: Washington Convention Center.

8:20 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) will hold a partially closed meeting. All attendees must pre-register by March 10. See, notice in the Federal Register, February 18, 2005, Vol. 70, No. 33, at Pages 8344-8345. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM. The Heritage Foundation and the Defenders of Property Rights will host a half day conference titled "Government’s Role in Protecting Constitutional Rights in Intellectual Property". RSVP to Laura Dlugacz at 202 572-6231 or ldlugacz at dcgpr dot com. Location: Heritage, 214 Massachusetts Ave., NE.

9:30 AM - 5:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council will meet. The agenda includes updates on ENUM issues. See, FCC notice [PDF] and notice in the Federal Register, February 9, 2005, Vol. 70, No. 26, at Pages 6875-6876. Location: FCC, 445 12th Street, SW, Room TW-C305 (Commission Meeting Room).

10:00 AM. The House Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Protecting Consumer's Data: Policy Issues Raised by Choice Point". The witnesses will be Deborah Majoras (Chairman of the  Federal Trade Commission), Derek Smith (Ch/CEO ChoicePoint), Kurt Sanford (CEO of Lexis Nexis), Joseph Ansanelli (CEO of Vontu), and Marc Rotenberg (Electronic Privacy Information Center). See, notice. Press contact: Kevin Schweers (Barton) 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. The hearing will be webcast by the Committee. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee's Subcommittee on Terrorism, Technology and Homeland Security will hold a hearing on the S 394, the "OPEN Government Act of 2005". 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.

1:00 PM. The House Science Committee's Subcommittee on Environment, Technology, and Standards will meet to mark up several bills, including HR 250, the "Manufacturing Technology Competitiveness Act of 2005". This bill would, among other things, authorize the appropriation of $425,688,000 for FY 2006 (and increasing amounts for subsequent years) for the scientific and technical research and services laboratory activities of the National Institute of Standards and Technology (NIST), of which $55,777,000 would be for electronics and electrical engineering, and $60,660,000 would be for computer science and applied mathematics. This meeting will be webcast by the Committee. Press contact: Joe Pouliot at 202 225-0581 or joe dot pouliot at mail.house dot gov. Location: Room 2318, Rayburn Building.

2:30 PM. The Senate Judiciary Committee will hold a hearing to examine the SBC/ATT and Verizon/MCI mergers. 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.

TIME? The Intellectual Property Owners Association (IPO) will host an event titled "IPO Committee Leadership Meeting". See, notice. For more information, contact Susan Lusk at susan@ipo.org or 202 466-2396. Location: The Ronald Reagan Building and ITC.

TIME? The Intellectual Property Owners Association (IPO) Board of Directors will meet. See, notice. For more information, contact Susan Lusk at susan@ipo.org or 202 466-2396. Location: The Ronald Reagan Building and ITC.

6:30 PM. The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner: A Celebration of Innovation and Technology". It will present awards to outgoing FCC Chairman Michael Powell, Sen. George Allen (R-VA), Rep. Darrell Issa (R-CA), and Rep. Rick Boucher (D-VA). See, notice. Location: Washington Convention Center.

The House will meet at 10:00 AM for legislative business. It will consider HR __, the "Emergency Supplemental Wartime Appropriations Act", and HConRes __, the "Concurrent Resolution on the Budget for FY 2006". See, Republican Whip Notice.

8:45 AM - 4:30 PM. The Consumer Electronics Association (CEA) will host a one day conference titled "Intellectual Property and Creativity -- Redefining the Issue". See, CEA notice. For more information, contact Jeff Joseph at 703 907-7664 or jjoseph at ce dot org. Location: Washington Convention Center.

9:30 AM. Secretary of Homeland Security Michael Chertoff will speak on "the future direction" of the Department of Homeland Security (DHS). The DHS notice states that "Media wishing to attend this event must present valid press credentials and arrive NO LATER than 8:30 AM for PRESET. Final access will be at 9:15 AM EST". Location: George Washington University, Media and Public Affairs Building, Jack Morton Auditorium, 805 21st St., NW.

9:30 AM. The Semiconductor Industry Association (SIA) will hold a news conference titled "The Future of Moore's Law". For more information, contact Lynne Johnson at 408 573-6619. Location: Murrow Room, National Press Club, 529 14th St. NW, 13th Floor.

10:00 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 Look at the Voice Marketplace". See, notice. Press contact: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. The hearing will be webcast by the Committee. Location: Room 2123, Rayburn Building.

12:00 NOON. The Cato Institute will host a luncheon panel discussion titled "Who Are the Real Free Traders in Congress?". The speakers will be Sen. John Sununu (R-NH), Rep. Jeff Flake (R-AZ), and Dan Griswold (Cato). See, notice. Location: Room 1539 Longworth Building, Capitol Hill.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "Meet the Hill". The speakers will be Commerce Committee staff. No RSVP requested. For more information contact Frank Jazzo (Fletcher Heald & Hildreth) at jazzo at fhhlaw dot com. Location:National Association of Broadcasters,1771 N St., NW.

RESCHEDULED FOR MARCH 28. 12:30 PM. The Federal Communications Bar Association (FCBA) will host a luncheon. The speaker will be Federal Communications Commission (FCC) Commissioner Michael Copps. See, registration form [PDF]. The deadline for reservations and cancellations is March 24 at 5:00 PM. Prices range from $35 to $65. Location: J.W. Marriott Hotel, 1331 Pennsylvania Avenue, NW, Lower Level.

2:00 AM. The House Commerce Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Problems with the E-rate Program: GAO Review of FCC Management and Oversight". See, notice. Press contact: Jon Tripp (Barton) at 202 225-5735 or Jeff Miles (Whitfield) at 202 225-3115. The hearing will be webcast by the Committee. Location: Room 2322 (third floor hearing room), Rayburn Building.

3:00 PM. The Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights will hold a hearing on obscenity prosecution and the Constitution. 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.

5:30 PM. The Progressive Policy Institute (PPI), a new Democrat think tank, will host a book party for the publication of the book [Amazon] titled The Past and Future of America's Economy: Long Waves Of Innovation That Power Cycles Of Growth. The book addresses, among other topics, information technologies. The author is Robert Atkinson, Director of the PPI's Technology & New Economy Project. Rep. Adam Smith (D-WA) will speak. RSVP to Kyra Jennings at 202 547-0001 or kjennings at dlcppi dot org. Location: PPI, Suite 400, 600 Pennsylvania Ave., SE.

The First Amendment Center (FAC) and the American Library Association (ALA) will host a conference titled "Congress and the Courts: Confronting Secrecy". Location: Freedom Forum's World Center, Arlington, VA.

Deadline to submit reply 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.

The House will meet at 10:00 AM for legislative business. It will consider HR __, the "Emergency Supplemental Wartime Appropriations Act", and HConRes __, the "Concurrent Resolution on the Budget for FY 2006". See, Republican Whip Notice.

9:00 AM - 6:15 PM. The Catholic University of America Law School (CUA), the Federal Communications Commission (FCC), and the Federal Communications Bar Association (FCBA) will host a symposium titled "The Telecommunications Act of 1996: A Case of Regulatory Obsolescence?". See, agenda [PDF]. Location: CUA.

11:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 5: Regulatory Issues will meet. Location: Boeing Company, Arlington, VA.

1:00 PM. The House Judiciary Committee's Subcommittee Crime, Terrorism, and Homeland Security will hold a hearing titled "Responding to Organized Crimes Against Manufacturers and Retailers". Immediately following the hearing, the Subcommittee will mark up HR 32, the "Stop Counterfeiting in Manufactured Goods Act". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 2: Satellite Services and HAPS  will meet. Location: Leventhal Senter & Lerman, Suite 600, 2000 K Street, NW.

3:30 PM. Alfred Yen (Boston College) will give a lecture titled "Liability With and Without Fault: A Re-appraisal of Secondary Liability in Copyright in the Internet Age" as part of the Georgetown Law Colloquium on Intellectual Property & Technology Law. For more information, contact Julie Cohen at 202 662-9871 or jec at law dot georgetown dot edu, or Jay Thomas at 202 662-9925. Location: Faculty Lounge, Fifth Floor, Georgetown University Law Center, 600 New Jersey Ave., NW.

3:30 PM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing titled "Holmes Group, the Federal Circuit, and the State of Patent Appeals". See, opinion of the Supreme Court in Holmes Group, Inc. v. Vornada Air Circulation Systems, Inc. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

TIME? The American Intellectual Property Law Association's (AIPLA) Board or Directors will meet. Location: Arlington, VA.

The House will meet at 10:00 AM for legislative business. It will consider HR __, the "Emergency Supplemental Wartime Appropriations Act", and HConRes __, the "Concurrent Resolution on the Budget for FY 2006". See, Republican Whip Notice.

Deadline to submit reply 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 Senate will not meet on Monday, March 21 through Friday, April 1. See, Senate calendar.

9:30 - 11:30 AM. The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 4: Broadcasting and Amateur Issues will meet. Location: Shaw Pittman, 2300 N St. NW.

10:00 AM - 3:30 AM. The Federal Communications Commission (FCC) will host its second annual Satellite Forum. The event will be webcast by the FCC. See, FCC notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA), Satellite Broadcasting & Communications Association (SBCA), and Satellite Industry Association (SIA) will host a continuing legal education (CLE) seminar titled "Satellite 101". Registrations and cancellations are due by 5:00 PM on March 17. See, registration form [PDF]. Location: Shaw Pittman, 2300 N St. NW.

3/10. Alan Greenspan, Chairman of the Federal Reserve Board, gave a speech titled "Globalization", to the Council on Foreign Relations in New York, New York.

3/10. Michael Gallagher, head of the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA), gave a speech in San Jose, California, titled "VoIP: The Catalyst for Universal, Affordable Broadband Access by 2007". See, presentation slides [PDF].

3/10. The government of Guatemala approved the Central American Free Trade Agreement (CAFTA). The U.S. Congress has yet to vote on the CAFTA. See, USTR release.

3/1. The Office of Management and Budget (OMB) submitted to the Congress its report [43 pages in PDF] titled "FY 2004 Report to Congress on Implementation of The E-Government Act of 2002".

3/1. The Office of Management and Budget (OMB) submitted to the Congress its report [56 pages in PDF] titled "Federal Information Security Management Act (FISMA) 2004 Report to Congress".

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