5/12. The Federal Communications Commission (FCC) released an agenda [PDF] for its event titled "Open Meeting", scheduled for Thursday, May 19, 2005. This agenda includes consideration of a report and order and NPRM regarding E911 requirements for IP enabled services.

There are two items on the agenda. First, there is a First Report and Order and Notice of Proposed Rulemaking (NPRM) regarding E911 requirements for internet protocol (IP) enabled services.

The FCC's agenda states that this item is part of WC Docket No. 04-36. This docket number refers to the FCC's larger proceeding regarding IP enabled services generally. This proceeding addresses a wide range of issues, including E911, compensation, the Universal Service Fund, consumer protection, and disability access requirements.

The FCC adopted its IP enabled services Notice of Proposed Rulemaking (NPRM) [97 pages in PDF] on February 12, 2004, and released it on March 10, 2004. It is FCC 04-28 in WC Docket 04-36. See also, story titled "FCC Adopts NPRM Regarding Regulation of Internet Protocol Services" in TLJ Daily E-Mail Alert No. 837, February 16, 2004.

Second, the FCC will consider a NPRM and Further NPRM regarding its lack of management and oversight of its programs that subsidize schools and libraries and rural health care.

The Government Accountability Office (GAO) released a report [21 pages in PDF] in March titled "Telecommunications: Concerns Regarding the Structure and FCC's Management of the E-Rate Program".

This GAO report 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." It further 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."

The report further concluded that "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 House Commerce Committee's Subcommittee on Oversight and Investigations held a hearing on this GAO report on March 16, 2005. At this hearing, Rep. Joe Barton (R-TX), the Chairman of the full Committee, questioned whether the subsidy program for schools and libraries should be discontinued, whether it should be limited to low income schools, and whether its administration should be be transferred away from the FCC to another government agency with more competence in administering grant and subsidy programs. See, story titled "Chairman Barton Suggests Ending E-Rate Program" in TLJ Daily E-Mail Alert No. 1,097, March 17, 2005.

The FCC's agenda identifies this item as follows: "Comprehensive Review of Universal Service Fund Management, Administration, and Oversight; Federal-State Joint Board on Universal Service (CC Docket No. 96-45); Schools and Libraries Universal Service Support Mechanism (CC Docket No. 02-6); Rural Health Care Support Mechanism (WC Docket No. 02-60); Lifeline and Link-up (WC Docket No. 03-109); and Changes to the Board of Directors for the National Exchange Carrier Association, Inc (CC Docket No. 97-21)."

This event is scheduled for 9:30 AM on Thursday, May 19, 2005 in the FCC's 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. The FCC usually does not release at its meetings copies of the items that its adopts at its meetings.

5/12. On May 6, 2005, the U.S.Court of Appeals (DCCir) issued its opinion [34 pages in PDF] in American Library Association v. FCC overturning the Federal Communications Commission's (FCC) broadcast flag rules. The Court held that "There is no statutory foundation for the broadcast flag rules". This week, proponents and opponents of legislation to expand FCC authority in this area commenced their lobbying efforts.

Public Knowledge, one of the groups that challenged the FCC's broadcast flag rules in court, released a draft bill that it states comes from the Motion Picture Association of America (MPAA). The MPAA intervened in the Court of Appeals in support of the FCC and its broadcast flag rules.

The MPAA's draft bill would provide, in part, as follows:

  "(a) AUTHORITY.-- 47 USC Section 303 is amended to add a new subsection (z) to read as follows:
    (z) Have authority to adopt regulations governing digital television apparatus necessary to control the indiscriminate redistribution of digital television broadcast content over digital networks.
  (b) RATIFICATION.-- The Report and Order in the matter of Digital Broadcast Content Protection (__ C.F.R. __) which was adopted by the Commission on November 4, 2003, effective January 20, 2004, and the Order in the matter of Digital Output Protection Technology and Recording Method Certifications (__ FCC Rcd __) which was adopted by the Commission on August 4, 2004, is ratified."

Gigi Sohn, President of Public Knowledge, stated in a release that "This language is more sweeping than even the FCC contemplated. It would give the Commission unparalleled new power over the development and use of digital and analog consumer electronics technology. It empowers the FCC to approve technologies that prevent currently used video cassette recorders (VCRs) from working, and would allow the FCC to shut off every TiVo in every home today. Clearly, we hope Congress will reject this big-government, anti-consumer approach."

The MPAA and its legal counsel did not immediately take or return a phone calls from TLJ.

After the Court of Appeals released its opinion, Edward Fritts, P/CEO of the National Association of Broadcasters (NAB), wrote in a release that "Without a 'broadcast flag,' consumers may lose access to the very best programming offered on local television. This remedy is designed to protect against unauthorized indiscriminate redistribution of programming over the Internet. We will work with Congress to authorize implementation of a broadcast flag that preserves the uniquely American system of free, local television."

Tim Lee, of the Cato Institute, responded to Fritts in short paper titled "Broadcast Flag Burning". Lee wrote that "With luck, members of Congress will understand that the ``uniquely American system´´ is not free local television, as Mr. Fritts would have it, but free markets. There is nothing American about giving government bureaucrats the power to mandate the design of consumer electronics equipment. They might also want to suggest to Mr. Fritts that the businesses he represents would be more successful in the marketplace if they didn't spend so much time in Washington lobbying for restrictions on their customers' freedom."

On Friday, May 20, the Progress and Freedom Foundation (PFF) will host a panel discussion on Capitol Hill titled "The Future of The Broadcast Flag: Implications for Congress, the FCC and the DTV Transition". The speakers will be John Rogovin (former FCC General Counsel), Fritz Attaway (MPAA) and James Burger (Dow Lohnes). This luncheon will be held at 12:00 NOON in Room 1537 of the Longworth Building. See, notice.

5/12. Linda Thomsen was named Director of the Securities and Exchange Commission's (SEC) Division of Enforcement. She will replace Stephen Cutler. Thomsen has worked at the SEC since 1995. Before that, she worked for the law firm of Davis Polk & Wardwell. See, SEC release.

5/12. Jon Tripp, who worked for the House Commerce Committee on media relations on technology related topics, left the Committee at the end of April. He has started a real estate business.

5/12. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau released a public notice [2 pages in PDF] that outlines the process for acceptance of applications for 800 MHz band licenses in connection with implementation of the reconfiguration of the band. This notice is DA 05-1340.

The House will not meet. It will next meet at 12:30 PM on May 16.

The Senate will meet at 10:00 AM for morning business. It will then resume consideration of HR 3, the Transportation Equity Act.

The House will meet at 12:30 PM.

Day one of a two day event hosted by the American Cable Association titled "Annual Washington Summit".

9:00 AM - 5:30 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice and agenda [2 pages in PDF]. Location: FCC, 445 12th Street, SW, Room TW-C305.

10:00 AM. The House Ways and Means Committee's Subcommittee on Trade will hold a hearing titled on the future of the World Trade Organization (WTO). See, notice. Location: Room 1100, Longworth Building.

11:30 AM - 1:00 PM. The Business Software Alliance (BSA) and Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Battling International Organized Cyber Crime". The keynote speaker will be Ralph Basham (Director of the U.S. Secret Service). The panelists will be Ed Appel (Joint Council of Information Age Crime), Bill Conner (Ch/CEO of Entrust), James Lewis (CSIS), Brian Nagel (U.S. Secret Service), Kim Peretti (Trial Attorney in the DOJ's Computer Crime and Intellectual Property Section), Phil Reitinger (Microsoft), and Jody Westby (Price Waterhouse Coopers). Lunch will be served. RSVP to rsvp at bsa dot org by May 11. Press contact: Wendy Rosen at 202 530-5127 or wendyr at bsa dot org. Location: 1800 K Street, NW, B-1 conference center.

12:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host a brown bag lunch. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, Suite 800.

Day two of a two day event hosted by the American Cable Association titled "Annual Washington Summit".

Day one of a three day event hosted by the Armed Forces Communications and Electronics Association (AFCEA) titled "TechNet International 2005: Network Centric Operation: Balancing Speed and Agility with Security". See, event web site and schedule. Location: Washington Convention Center.

10:00 AM - 12:00 NOON. The House Science Committee's Subcommittee on Research will hold a hearing titled "The National Nanotechnology Initiative: Review and Outlook". The witnesses will be Floyd Kvamme (Co-Chair of the President's Council of Advisors on Science and Technology), Scott Donnelly (General Electric), John Kennedy (Clemson University's Center for Advanced Engineering Fibers and Films), John Cassady (Oregon State University), and Alain Kaloyeros (President of Albany NanoTech). For more information, contact Joe Pouliot at 202 225-0581 or joe dot pouliot at mail dot house dot gov. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of David Sampson to be Deputy Secretary of Commerce. Press contact: Melanie Alvord (Stevens) 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. The hearing will be webcast by the SCC. Location: Room 253, Russell Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Financial Institutions will hold a hearing titled "Enhancing Data Security: The Regulators' Perspective". Location: Room 2128, Rayburn Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyer's Committee (YLC) will host a brown bag lunch to hold elections. There will be no proxy voting. Voting is limited to current YLC members. All nominations must be e-mailed to Jason Friedrich or Pam Slipakoff by May 11. For more information, contact Jason Friedrich at jason dot friedrich at dbr dot com or 202 354-1340 or Pam Slipakoff at pamslip at yahoo at com or 202 418-7705. Location: Willkie Farr & Gallagher, 1875 K Street, NW, 2d Floor.

Day two of a three day event hosted by the Armed Forces Communications and Electronics Association (AFCEA) titled "TechNet International 2005: Network Centric Operation: Balancing Speed and Agility with Security". See, event web site and schedule. Location: Washington Convention Center.

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

9:30 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on several nominations, including that of Philip Perry to be General Counsel of the Department of Homeland Security (DHS). See, notice. Location: Room 562, Dirksen Building.

5:30 PM. The Discovery Institute and the Progress and Freedom Foundation (PFF) will host a book presentation. George Gilder will discuss his book titled The Silicon Eye: How a Silicon Valley Company Aims to Make All Current Computers, Cameras, and Cell Phones Obsolete [Amazon]. RSVP to 202 682-1201 or rsvp at dc dot discovery dot org. Location: 1015 15th St. NW, Suite 900.

Day three of a three day event hosted by the Armed Forces Communications and Electronics Association (AFCEA) titled "TechNet International 2005: Network Centric Operation: Balancing Speed and Agility with Security". See, event web site and schedule. Location: Washington Convention Center.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "The Future of The Broadcast Flag: Implications for Congress, the FCC and the DTV Transition". The speakers will be John Rogovin (former FCC General Counsel), Fritz Attaway (MPAA) and James Burger (Dow Lohnes). See, notice. Location: Room 1537, Longworth Building, Capitol Hill.

12:15 PM. Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a luncheon titled "Hot Topics in Wireless". The speakers will be Sam Feder (assistant to FCC Chairman Kevin Martin), John Branscome (assistant to FCC Commissioner Kathleen Abernathy), Paul Margie (assistant to FCC Commissioner Michael Copps), and Barry Ohlson (assistant to FCC Commissioner Jonathan Adelstein). The price to attend is $15.00. RSVP by 5:00 PM on Tuesday, May 17th to wendy@fcba.org. Location: Sidley Austin, 6th Floor conference room, 1501 K Street, NW.

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