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March 17, 2005, 9:00 AM ET, Alert No. 1,097.
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Bush Names Kevin Martin Chairman of FCC

3/16. President Bush named Kevin Martin Chairman of the Federal Communications Commission (FCC). See, White House release. There remains to be filled a Republican vacancy on the FCC.

Martin has been an FCC Commissioner for almost four years. Bush announced his intent to nominate Martin, along with Kathleen Abernathy and Michael Copps, back on April 6, 2001. See, story titled "FCC Appointments" in TLJ Daily E-Mail Alert No. 161, April 9, 2001. The Senate confirmed him for a five-year term expiring June 30, 2006. His home state's former Sen. John Edwards (D-NC) testified in support of him at his Senate Commerce Committee confirmation hearing. He took the oath of office on July 3, 2001.

Martin's wife, Catherine Martin, works for Vice President Dick Cheney. She previously worked for former Texas Attorney General John Cornyn, who is now Sen. John Cornyn (R-TX).

Martin previously worked as a Legal Advisor to former FCC Commissioner Harold Furchtgott-Roth. He authored many of Furchtgott-Roth's dissenting opinions, speeches and statements for Congressional committees on common carrier matters. Before that, he worked at Wiley Rein & Fielding, a Washington DC based law firm with Republican ties that specializes in communications law. Also, in the 2000 election cycle, Martin was Deputy General Counsel for Bush for President. He then was briefly Special Assistant to the President for Economic Policy.

Kevin MartinMartin (at right) wrote in a statement [PDF] that "I am deeply honored to have been designated as the next Chairman of the Federal Communications Commission, and I thank President Bush for this distinct privilege. I look forward to working with the Administration, Congress, my colleagues, and the FCC’s talented staff to ensure that American consumers continue to enjoy the benefits of the best communications system in the world. I thank Chairman Powell for his excellent stewardship of this agency, and I look forward to continuing his efforts in bringing the communications industry into the 21st Century."

Outgoing Chairman Michael Powell wrote in a statement [PDF] that "He will soon take a front seat at the technology revolution. His wide knowledge of telecommunication policy issues and insight into the rapidly changing nature of communications technology will serve the agency well. Ultimately, everything the FCC does must serve the public interest and benefit consumers, and I am confident he will be vigilant in pursuing these goals. I pledge my complete cooperation to ensure a smooth transition, and wish him all the best for every success."

Commissioner Kathleen Abernathy wrote in a statement [PDF] that Martin "has been a strong voice for broadband deployment and for rationalizing the rules that apply to broadband services. He has also focused on ensuring that new technologies and services are delivered to rural America. There are many significant challenges ahead as technology continues to change the way we live and work. I look forward to working with Commissioner Martin in his new capacity as Chairman and I am confident he will effectively steer the agency into the new broadband future."

Powell and Abernathy differed sharply with Martin on one significant matter, the provisions regarding switching and state authority to make impairment findings, in the FCC's triennial review order (TRO), which the FCC announced on February 20, 2003.

Martin, along with Democrats Copps and Adelstein, formed a majority on this issue. Powell was livid. Former House Commerce Committee Chairman Billy Tauzin (R-LA) called Martin a "Republican renegade". President Bush said nothing in public.

See, stories titled "FCC Announces UNE Report and Order", "FCC Order Offers Broadband Regulatory Relief", "FCC Announces Decision on Switching", "Commentary: Republicans Split On FCC UNE Order", and "Congressional Reaction To FCC UNE Order" in TLJ Daily E-Mail Alert No. 609, February 21, 2003.

The TRO was challenged in court, and the U.S. Court of Appeals for the District of Columbia issued its opinion [PDF] in USTA v. FCC on March 2, 2004 overturning Martin's position. See, stories titled "Appeals Court Overturns Key Provisions of FCC Triennial Review Order" and "Reaction to the Appeals Court Opinion in USTA v. FCC" in TLJ Daily E-Mail Alert No. 848, March 3, 2004.

Commissioner Michael Copps wrote in a statement [PDF] that "I congratulate my colleague and friend, Kevin Martin, on his designation by President Bush as Chairman of the Federal Communications Commission. I have enjoyed working with Commissioner Martin over the past three and a half years and look forward to working together with him on the important unfinished agenda of the FCC."

Commissioner Jonathan Adelstein wrote in a statement [PDF] that "I am very pleased for Kevin and for the Commission. Commissioner Martin has proven himself a dedicated public servant, a thoughtful policymaker, and an energetic colleague during our time together on the Commission. He has the experience and the skills to make an outstanding Chairman, and I look forward to working with him as we address the many challenging issues before us."

Sen. Ted Stevens (R-AK), the Chairman of the Senate Commerce Committee, stated in a release that "I look forward to working with Kevin in his new role as FCC Chairman. Kevin has a strong legal background in telecommunications law and has demonstrated a keen understanding of the issues before the FCC. He has traveled throughout Alaska and understands the role of communications in rural America. The Alaska Telephone Association endorsed Kevin because of his sensitivity to rural issues. We have worked in the past with Kevin to address the challenges that rural areas face in the ever-evolving world of the telecommunications and look forward to continuing our work in these and other areas. Kevin’s promotion will now create a vacancy on the Commission and it is my continued hope and recommendation that Earl Comstock be named to fill the now vacant seat."

Sen. Daniel Inouye (D-AK), stated in the same release that "The President's decision to appoint Commissioner Martin to be the next Chairman of the FCC comes at an important time for consumers and for the communications and media industries. We look forward to working with Chairman Martin as he endeavors to build consensus and adopt policies that will spur competition and innovation, and will bring the benefits of the Internet age to all Americans."

Cellular Telecommunications and Internet Association (CTIA) P/CEO Steve Largent stated in a release that Martin "is uniquely qualified to assume the chairmanship of the FCC. He brings to the office a wealth of knowledge on telecommunications matters, in addition to a keen understanding of how the efficient deployment of technology can spur economic growth." Largent added that Martin "has demonstrated a strong belief in forward thinking regulatory policies that empower consumers and provide them lower prices and innovative wireless services. He recognizes the importance of avoiding a regulatory structure that chooses technology winners and losers and appreciates the unique benefits and services the wireless industry is delivering to consumers."

Kyle McSlarrow, P/CEO of the National Cable & Telecommunications Association (NCTA), stated in a release that "We look forward to continuing to work closely with Chairman Martin to maintain a deregulatory environment for competitive telecommunications services."

Walter McCormick, P/CEO of the United States Telecom Association (USTA) stated in a release that Martin "understands how dramatically global communications have changed and how crucial it is that we update U.S. policies to keep pace with modern advances in order to encourage market-based competition among companies investing in a wide array of technologies and to safeguard vital social objectives. With Congress prepared to update the nation’s communications laws, this is a critical time for the telecom industry. We look forward to working closely with Chairman Martin to help craft a modern, constructive policy framework that renews America’s global information leadership, advances the competitiveness of U.S. businesses and speeds new choices and innovations to consumers."

BellSouth's Herschel Abbott stated in a release that Martin "has shown both a willingness and ability to work in a collegial fashion with his fellow commissioners and an understanding of the complex issues before the FCC. His focus on enabling the rollout of broadband for consumers demonstrates a 21st Century view of the communications marketplace. His skill and energy make him an outstanding choice to take over the chairmanship at this time when so many critical issues are before the commission."

Verizon's Tom Tauke stated in a release that Martin "has an excellent grasp of the issues, knows how to move the FCC's decision-making processes, and can hit the ground running as the new chairman. He has a record of supporting the administration's broadband policy, and that is good news for consumers and the communications sector."

Randolph May of the Progress and Freedom Foundation (PFF) stated in a release that "it will be important for Martin to demonstrate an appreciation of the way technological developments and new competitive marketplace realities undermine the rationale for continued economic regulation of the telecom industry".

May added that "This appreciation should manifest itself in a willingness to assume a leadership role in explaining to Congress, the president, and the American public why we need an updated Communications Act and why the FCC itself needs to be substantially transformed."

Kyle Dixon, a Senior Fellow at the PFF, and a former assistant to Powell, stated that "To succeed as Chair ... Martin must withstand inevitable criticism in complex battles where some party must lose, and explain why investment and innovation are good for consumers. If Martin can win support and air cover from the White House and his colleagues, he will be well on his way."

Chairman Barton Suggests Ending E-Rate Program

3/16. The House Commerce Committee's Subcommittee on Subcommittee on Oversight and Investigations held a hearing titled "Problems with the E-rate Program: GAO Review of FCC Management and Oversight". Rep. Joe Barton (R-TX), the Chairman of the full Committee, appeared late in the hearing and questioned whether the program should be discontinued, whether it should be limited to low income schools, and whether its administration should be be transferred away from the Federal Communications Commission (FCC) to another government agency.

Rep. Ed WhitfieldRep. Barton (at right) added that the Committee will likely address this subject in the "Telecommunications Restructuring Act of 2005", "later this summer". Although, he conceded, "I don't know where the votes are."

This was a long hearing that initially focused on another in a series of Government Accountability Office (GAO) reports on the FCC's e-rate subsidy program for schools and libraries. Rep. Ed Whitfield (R-KY), the Chairman of the Oversight Subcommittee, and Rep. Bart Stupak (D-MI), the ranking Democrat on the Subcommittee, presided. Few other members were in attendance.

The Subcommittee heard testimony from Mark Goldstein, who presented the GAO's latest report [21 pages in PDF], titled "Telecommunications: Concerns Regarding the Structure and FCC's Management of the E-Rate Program".

This report finds that the "FCC established E-rate as a multibillion-dollar program operating under an organizational structure unusual to the federal government, but never conducted a comprehensive assessment to determine which federal requirements, policies, and practices apply to the program, to USAC, and to the Universal Service Fund itself. As a result, FCC has struggled with determining which fiscal and accountability requirements apply to the E-rate program. We believe that issues exist concerning the applicability of certain statutes and the extent to which FCC has delegated certain functions for the E-rate program to USAC -- issues that FCC needs to explore and resolve."

The GAO also found that the "FCC has not developed meaningful performance goals and measures for assessing and managing the program. As a result, there is no way to tell whether the program has resulted in the cost-effective deployment and use of advanced telecommunications services for schools and libraries.

Finally, it found that the "FCC’s program oversight mechanisms contain weaknesses that limit FCC’s management of the program and its ability to understand the scope of waste, fraud, and abuse within the program. For example, FCC’s rulemakings have often lacked specificity and have led to situations where important USAC administrative procedures have been deemed unenforceable by FCC. There is also a significant backlog of E-rate appeals that adds uncertainty to the program and impacts beneficiaries."

Jeffrey Carlisle, the Chief of the FCC's Wireline Competition Bureau, then testified. He disputed some, but not all, of the findings of the GAO report in his prepared testimony.

Thomas Bennett, the Assistant Inspector General for the FCC, also testified.

The discussion between Subcommittee members and witnesses then focused on mundane issues such as the number of auditors at the FCC's Universal Service Administrative Corporation (USAC), competitive bidding procedures, and the applicability to the e-rate program of the Single Audit Act, the Miscellaneous Receipts Act, and the Cash Management Improvement Act. Previous hearings of the Oversight Subcommittee focused on specific instances of fraud and criminal abuse in the e-rate program.

After a break for floor votes, the hearing resumed.Several members who did not participate in the earlier part of the hearing arrived to offer their comments, and ask questions.

Rep. Marsha Blackburn (R-TN) asked whether the e-rate program will have "outlived its usefulness" when wireless broadband access becomes widely available.

Rep. Jay Inslee (D-WA) stated that he supports the e-rate program, but made the point that the FCC is a regulatory agency without expertise in administering grants and audits. He said that the GAO's report is "really disturbing", and asked the witnesses whether the e-rate program should be moved to another agency. Rep. Whitfield made the same point about possibly moving the program because of the FCC's lack of expertise.

Carlisle concurred that the FCC is a regulatory agency made up largely of regulators and economists. Carlisle said that "you are raising a very valid question whether the FCC is the appropriate agency".

Rep. Inslee asked Carlisle whether moving the e-rate program would "damage the ability to collect the funds". Carlisle said that it would not.

Then Rep. Barton spoke. He said that "I think that the e-rate program is broken. And I am not sure that it can't be fixed. I think that we should seriously look at significantly restructuring the program. We are going to have a Telecommunications Act this summer that we are going to put before the Committee. And, there will certainly be a component of it that deals with the e-rate program."

He asked the panel of witnesses, "was it an appropriate role of the Congress to expand the concept of universal service to require that we connect our schools and libraries to the internet. Is that a reasonable expansion of the definition of universal service?" He did not offer his own answer to this question.

Rep. Barton asked Jeffrey Carlisle, the Chief of the FCC's Wireline Competition Bureau, what are the penetration rates for broadband internet access at schools and libraries, and wireline telephones. Carlisle stated that about 94% of schools have broadband internet access, about 95% of libraries have broadband internet access, and between 93% and 94% of households have a wireline phone.

Rep. Barton noted that there has been universal service support for phones for about 60 years. He then stated, "Is there any reason to continue this program past where it is, if we are basically penetrating the market, what public good is to be served by continuing the program? We have done what we set out to accomplish, even though we did it very inefficiently and messily."

Carlisle responded that beyond the fixed costs of setting up internet access at schools and libraries there are recurring costs of maintaining the systems and paying internet access providers.

Rep. Barton continued on this subject. "But, now that we are at 94%, I really question whether we should do anything other than maybe have some subsidy for low income schools and libraries, to help them, you know, pay the ongoing costs. But above and beyond that, turn it over to the local and state communities, and let them do the upgrades, and the things that need to be done. We have done the major job, which is to get the connections. I am only one vote. So,  I don't know where the votes are."

Rep. Barton next asked the GAO witness, "If you had to make a decision to where to put this, if we decide to continue the program, is there a better place to have it than the FCC?"

"Congressman, I am not sure where you would put it", said Goldstein. "We haven't studied, specifically, options ..."

Carlisle also answered this question. "The only other logical place for it to go, and I won't make any friends over there for saying this, is the Department of Education."

In the past, other proposals have been made, including moving the program to the Department of Commerce, and providing grants to state governments.

Rep. Barton also asked Carlisle, "do you want to keep it?"

Carlisle responded, "I would only want to keep it if we can continue the progress that we have made within the last couple of years to improve oversight of the program, oversight and management of the program. If we can continue that pace of improvement, then I think we should keep it."

Rep. Barton asked Thomas Bennett, the Assistant Inspector General for the FCC, "Should the FCC be allowed to keep it given the absolutely dismal record until very recently of even caring about the program in terms of its management."

Rep. Barton said in closing that "Again, because of, in my opinion, the lack of direction that we gave to this program in the implementing legislation in the 1996 Telco Act, the Congress and the House and this Committee bear some responsibility for what has happened. I think that putting all of the responsibility on the executive branch. So that when we get to the Telecommunications Restructuring Act of 2005 over the summer, we are going to put more thought into this, and almost certainly give more direction, if the collective decision of the Committee is to maintain the program."

TLJ spoke with Rep. Whitfield, the Chairman of the Oversight Subcommittee, after the hearing. He stated that the Committee will consider these and other e-rate issues as a part of a broad telecommunications reform bill, rather than as a stand alone bill. He also said that "everything is on the table".

Rep. Ed WhitfieldRep. Whitfield (at left) stated that "I firmly believe that when the Telecommunications Subcommittee takes up the telecom bill, that this will be a part of it, and I think that there will be an open discussion of about what should be done with the e-rate program."

He added that "we are doing a bipartisan report, of the Oversight and Investigation Subcommittee, to Mr. Upton and Mr. Barton, about this one issue, the e-rate. And I think if anything is done, it might very well be done there there." Rep. Fred Upton (R-MI) is the Chairman of the Subcommittee on Telecommunications and the Internet.

He also discussed the possible scope and content of the e-rate related provisions of the forthcoming telecom bill. "I mean, we all value the program itself. The e-rate is an effective program. But, I think that there is going to be an open discussion about everything. I think everything is going to be on the table, including continuing the program, moving the program, putting more safeguards in for additional competitive bidding,  more goals that could easily be assessed in their effectiveness, the program's effectiveness. But there are a lot of shortcomings with this program, and its administration, as you well know, and we need to take steps to correct that, because when you have the convictions that we have had in this program, when you have had the waste and fraud and abuse of the dollars involved in this program, and equipment not being used. And they cannot even say for certain what impact this really has had in connecting the schools and libraries to the internet, what impact this really had, although we have spend a lot of money".

Rep. John Dingell (D-MI), the ranking Democrat on the full Committee, did not attend the hearing, but submitted a statement for the record. He wrote that there is waste, fraud, abuse and gold plating in the e-rate program, and that the Committee should enact "reforms that the FCC either cannot, or will not, implement."

Rep. Bart Stupak (D-MI), the ranking Democrat on the Subcommittee, was present for the entire hearing. He rebutted Rep. Barton's suggestions that the e-rate program should be terminated, moved, or limited to poor school districts.

Rep. Bart StupakRep. Stupak (at right) made the argument that part of the e-rate funding goes to the fixed costs of installing inside wiring, and part goes to pay for the recurring the costs of telephone service and internet access service. Carlisle stated that the breakdown is about 50%-50%. Rep. Stupak stated that many school districts, without continuing support for the recurring costs, would cease to provide internet access to students. Hence, he criticized and opposed Rep. Barton's suggestion.

Rep. Stupak added that the e-rate program should be kept at the FCC.

Washington Tech Calendar
New items are highlighted in red.
Thursday, March 17

The House will meet at 10:00 AM for legislative business.See, Republican Whip Notice.

The Senate will meet at 9:00 AM. It will resume consideration of the SConRes 18, the FY 2006 budget resolution.

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.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of seven judicial nominees -- Terrence Boyle (4th Circuit), William Myers (9th Circuit), Thomas Griffith (DC Circuit), Paul Crotty (Southern District of New York), James Dever (Eastern District of North Carolina), Robert Conrad (Western District of North Carolina), and Michael Seabright (District of Hawaii) -- and five bills. See, notice. 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. The House Science Committee will meet to mark up several bills, including HR 28, the "High-Performance Computing Revitalization Act of 2005". Press contact: Joe Pouliot at 202 225-0581 or joe dot pouliot at mail dot house dot gov. Location: Room 2318, Rayburn Building.

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.

Friday, March 18

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.

Monday, March 21

The House will not meet on Monday, March 21 through Friday, April 1. See, House calendar.

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.

Tuesday, March 22

CANCELLED. 8:30 AM - 4:30 PM. The Federal Communications Bar Association's (FCBA) and the Satellite Broadcasting & Communications Association (SBCA) will host an event titled "Satellite Media Law Forum". Federal Communications Commission (FCC) Commissioner Jonathan Adelstein will speak at 9:00 AM. Location: National Press Club, 529 14th St. NW, 13th Floor.

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.

4:00 - 5:45 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "The Future of the World Trade Organization". The speakers will be Jagdish Bhagwati (Columbia University), John Jackson (Georgetown University Law School), Gary Horlick (Wilmer Cutler & Pickering), Jay Smith (George Washington University), Hugo Paemen (Hogan & Hartson), Robert Lawrence (Harvard University). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA) titled "FISSEA Conference: Target Training in 2005: Computer Security Awareness, Training, and Education". See, NIST notice and registration page. Location: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, North Bethesda, MD.

Day one of a four day convention and expo hosted by the Access Intelligence (formerly named PBI Media) titled "Satellite 2005". See, notice. Location: Washington Convention Center.

6:00 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a happy hour. For more information, contact Megan Anne Stull at 202 303-1189 or mstull at willkie dot com, or Jason Friedrich at 202 354-1340 or jason dot friedrich at dbr dot com. Location: Finemondo Restaurant, 1319 F St., NW.

Wednesday, March 23

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "The FCC's Fiber Unbundling Rules - Is the TRO Working?". For more information, contact Jason Friedrich at 202 354-1340 or jason dot friedrich at dbr dot com. Location: Drinker Biddle & Reath, 1500 K St., NW.

Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) and the Federal Information Systems Security Educators' Association (FISSEA) titled "FISSEA Conference: Target Training in 2005: Computer Security Awareness, Training, and Education". See, NIST notice and registration page. Location: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, North Bethesda, MD.

Day two of a four day convention and expo hosted by the Access Intelligence (formerly named PBI Media) titled "Satellite 2005". See, notice. Location: Washington Convention Center.

Thursday, March 24

10:00 AM - 1:30 PM. The American Enterprise Institute (AEI) will host a panel discussion and luncheon titled "The Future of Telecom Deregulation: Two Alternate Visions". The panel will be comprised of Robert Hahn (AEI Brookings Joint Center for Regulatory Studies), Gregory Rosston (Stanford University, Stanford Institute for Economic Policy Research), Jonathan Nuechterlein (Wilmer Cutler, and former FCC Deputy General Counsel), Philip Weiser (University of Colorado), Thomas Hazlett (Manhattan Institute), John Mayo (Georgetown University, McDonough School of Business), Scott Wallsten (AEI Brookings), Robert Litan (AEI Brookings). Nuechterlein, Weiser and Hazlett will present papers. David Dorman, Ch/CEO of AT&T, will be the luncheon speaker. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

10:00 AM - 12:00 NOON. The Antitrust Modernization Commission (AMC) will meet. See, notice in the Federal Register, February 22, 2005, Vol. 70, No. 34, at Page 8568. Location: Federal Trade Commission (FTC), Conference Center Rooms A & B, 601 New Jersey Ave., NW.

4:00 PM. Sara Stadler (Emory University School of Law) will present a draft paper titled "How Copyright is Like a Mobius Strip". See, notice of event. (Stadler is also known as Nelson.) This event is part of the Spring 2005 Intellectual Property Workshop Series sponsored by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun at law dot gwu dot edu. The event is free and open to the public. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

Day three of a four day convention and expo hosted by the Access Intelligence (formerly named PBI Media) titled "Satellite 2005". See, notice. Location: Washington Convention Center.

Friday, March 25

5:00 PM. Deadline to submit initial comments to the Copyright Office (CO) in response to its notice of inquiry (NOI) regarding orphan works -- copyrighted works whose owners are difficult or impossible to locate. The CO stated in a notice in the Federal Register that it seeks public comments on "whether there are compelling concerns raised by orphan works that merit a legislative, regulatory or other solution, and what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and right holders." See, Federal Register, January 26, 2005, Vol. 70, No. 16, at Pages 3739 - 3743.

Day four of a four day convention and expo hosted by the Access Intelligence (formerly named PBI Media) titled "Satellite 2005". See, notice. Location: Washington Convention Center.

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