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May 16, 2005, 9:00 AM ET, Alert No. 1,136.
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Pulver Writes That FCC's Imminent VOIP E911 Order May Be a Regulatory Black Hole for Innovative Services

5/13. Jeff Pulver, a pioneer of voice over internet protocol (VOIP), wrote an essay in his Pulver.com web site on May 13, 2005 regarding the Federal Communications Commission's (FCC) forthcoming First Report and Order and Notice of Proposed Rulemaking (NPRM) regarding E911 requirements for internet protocol (IP) enabled services. The FCC's agenda [PDF] for its May 19 meeting lists this item.

Pulver wrote that "now that E911 for VoIP is on the agenda for the next FCC meeting, and if reports are true and the FCC will mandate that all two-way connected Voice over Broadband service providers in the US need to also provide E911 services (even for nomadic services), without making a parallel and equal demand on the LECs to ensure local access to the PSAPs and an explicit prohibition against port blocking, such a ruling could have the one-sided effect of removing the unaffiliated Voice over Broadband service providers from the marketplace and so will begin the era of the ``death of the local VoBB service provider.´´" (Parentheses in original.)

He added that "this may be good for the incumbent who is seeing increasing price pressure on a daily basis, it is the consumer who ends up losing, and losing big. Once the competition goes away, prices will bounce back up and service offerings will devolve."

Pulver.com is the provider of the Free World Dialup (FWD) service. On February 12, 2004, the FCC adopted a declaratory ruling that concluded that FWD is "not telecommunications as defined by the Act", that FWD is "not telecommunications service as defined by the Act", and that FWD is "an information service as defined by the Act". See, story titled "FCC Rules Pulver's FWD Is Not Telecommunications, Is Not Telecommunications Service, and Is Information Service" in TLJ Daily E-Mail Alert No. 836, February 13, 2004.

Pulver continued in his May 13 piece that he fears "that the FCC E911 Order will be too broad and suck within its regulatory black hole many of the current and here-to-for unimagined innovative services that do not intend to serve as mere replacement services for traditional voice telephony."

"Instead of focusing on the US marketplace, my friends, the voice over broadband entrepreneurs, may instead decide to focus their business activities in countries that have a more forward looking IP-based communications strategy." He added that "Strange as how it sounds, even Canada looks to be a more fertile ground for continued technology innovation than the US, if E911 becomes mandated for VoIP, including nomadic VoIP offerings. If VoIP was the first great driver of broadband, I fear that America will drop even further down the ranks of the countries in broadband penetration and that will further sink the US economy for many decades to come."

Senate Commerce Committee Holds Hearing on Spyware

5/11. The Senate Commerce Committee (SCC) held a hearing on spyware. Sen. Ron Wyden (D-OR), who gave up his membership on the SCC at the beginning of the 109th Congress to join the Senate Finance Committee, testified as a witness in support of spyware legislation.

Sen. Conrad Burns (R-MT), Sen. Wyden and others sponsored S 2145, "The Spy Block Act", in the 108th Congress. The SCC, but not the full Senate, approved that bill. See, stories titled "Senate Commerce Committee Approves Spyware Bill" in TLJ Daily E-Mail Alert No. 983, September 24, 2004, and "Senators Introduce Anti-Spyware Bill" in TLJ Daily E-Mail Alert No. 847, March 2, 2004.

On March 20, 2005, Sen. Burns, Sen. Wyden, Sen. Barbara Boxer (D-CA), and Sen. Bill Nelson (D-FL) reintroduced this bill as S 687, also titled "The Spy Block Act". Sen. Wyden wrote in his prepared testimony that S 687 "got strong support from this committee last year, it enjoys support among some key industry players and I offer it up as one way to tackle this problem. I understand the House has begun to move legislation, and I know the members of this committee are anxious to get to work on this legislation."

The House Commerce Committee (HCC) has already approved and reported a spyware bill in the present Congress, HR 29, the "Securely Protect Yourself Against Cyber Trespass Act", or SPY Act, sponsored by Rep. Mary Bono (R-CA) and others. See, story titled "House Commerce Committee Approves Spyware Bill" in TLJ Daily E-Mail Alert No. 1,092, March 10, 2005. The full House has not yet considered the bill.

HR 29 (109th) is a revised version of HR 2929 (108th), also titled the SPY ACT, which the House approved by a vote of 399-1 on October 5, 2004. See, Roll Call No. 495. HR 2929 was the HCC's spyware bill. HR 29 (109th Congress), like HR 2929 (108th Congress) prohibits certain conduct with respect to spyware, and gives the Federal Trade Commission (FTC) civil enforcement authority. See also, story titled "House Passes First Spyware Bill" and story titled "Summary of House Commerce Committee Spyware Bill" in TLJ Daily E-Mail Alert No. 991, October 6, 2004.

There is also a spyware bill that falls within the jurisdiction of the House Judiciary Committee (HJC), HR 744 (109th), the "Internet Spyware (I-SPY) Prevention Act of 2005", sponsored by Rep. Bob Goodlatte (R-VA), Rep. Zoe Lofgren (D-CA), and others. It amends Title 18 to provide criminal penalties for certain conduct related to spyware. HR 744 (109th) is a re-introduction of HR 4661 (108th Congress), titled the "Internet Spyware (I-SPY) Prevention Act of 2004". The House approved HR 4661 by a vote of 415-0 on October 6, 2004. See, Roll Call No. 503. See also, story titled "House Approves Second Spyware Bill" in TLJ Daily E-Mail Alert No. 993, October 8, 2004. The HJC has not yet acted on HR 744 (109th).

See also, prepared testimony of Trevor Hughes, Executive Director of the Network Advertising Initiative, prepared testimony of David Moll, CEO of Webroot Software, and prepared testimony of Ari Schwartz, of the Center for Democracy and Technology (CDT).

Hughes advocated only limited legislation. He wrote that "One danger of broadly drafted spyware legislation is that it will prevent legitimate businesses from being able to effectively operate online. Under some of the bills that have been introduced, ubiquitous and important tools like cookies and web beacons are affected. Other bills have gone far beyond the immediate concerns associated with spyware and have proposed standards for online advertising that will be very harmful to the primary economic support for the vast quantities of free online media. We must also be wary of spyware legislation that inappropriately includes online privacy standards. Federal spyware legislation should focus carefully on fraudulent and deceptive practices." He also argued that federal spyware legislation should preempt state spyware laws.

Moll argued in his testimony that "we believe that it is best to fight technology with technology". He also pointed out that the federal and state governments already have authority to pursue distributors of some spyware. He stated that "The complaint filed by the FTC against Seismic, and the NY Attorney General’s case against Intermix, demonstrate that there are cases that can be pursued under current law in U.S. Courts. We encourage enforcement agencies and Attorneys General to deploy additional resources to join the fight against spyware."

He also commented on pending legislation. "In addition to existing law, we at Webroot also anticipate benefits from legislation such as Senator Burns’ bill, S. 687. The bill provides additional clarity and focus to the problems we are seeing, and I hope it will induce additional attention from enforcement agencies."

Schwartz wrote that the CDT supports spyware legislation, but "there is only so much that new legislation can do. We endorse the idea of calling specific attention to the worst types of deceptive software practices online as most of the spyware bills do. Enforcement will be crucial to any legislative effort. Therefore, we are strongly supportive of including powers for state Attorneys General. In addition, any legislation must take care to ensure that the use of complex affiliate relationships ... will not enable responsible parties to avoid liability."

He also stated that S 687 "marks a substantial step forward in addressing many of the concerns of consumer groups and companies."

However, he added that "CDT also remains firmly committed to idea that a long-term solution to spyware and other similar issues requires baseline online privacy legislation. Many of the issues raised by spyware may be easier to deal with in this context. This approach will also help us head off similar epidemics in the future, rather than reacting to them legislatively only after the fact."

Greenspan Addresses Info Tech and Corporate Management

5/12. Federal Reserve Board (FRB) Chairman Alan Greenspan gave a commencement address at the Wharton School, at the University of Pennsylvania, in Philadelphia, Pennsylvania.

One of the topics that he discussed is the effect of information technologies on corporate management.

Greenspan stated that "Arguably, with information systems now accessible to broader ranges of managers and other employees, the monopoly power that proprietary information affords has been significantly reduced. Moreover, the availability of vital information now often extends beyond the borders of the company to suppliers and customers as well."

He added that "A generation ago, for example, a purchasing manager rarely divulged to a supplier the state of the company's inventory position. It was presumed that such information in the hands of suppliers would undermine the bargaining position of the purchasing manager. Today such information is broadly and routinely shared to facilitate just-in-time supply systems. In general, technologies may be in the process of facilitating a much broader access to information, with the consequence that CEOs could increasingly face more-careful monitoring."

FRB Vice Chairman Addresses Globalization, Trade and Technology

5/12. Federal Reserve Board (FRB) Vice Chairman Roger Ferguson gave a speech titled "Globalization: Evidence and Policy Implications".

He began by stating that "I believe that globalization is, on balance, a positive development for the world economy. Perhaps more to the point, I think that globalization is here to stay and that further globalization is inevitable."

Roger FergusonFerguson (at left) also commented on some of the technology related aspects of trade and globalization.

For example, he said that technological innovation is lowering non-policy barriers to trade. He stated that "significant barriers to trade still exist. Policy barriers such as tariffs, quotas, and licensing restrictions are especially important in the areas of agriculture and services. According to some research, moreover, official trade policy is only one of several barriers; some others are transportation costs, language barriers, and information costs. The threat of renewed protectionism, which captured headlines here and elsewhere in recent weeks, poses a serious challenge to the lowering of policy barriers in the ongoing Doha Round of trade negotiations. Whatever happens to trade policy barriers, however, technological innovations are likely to continue lowering nonpolicy barriers to trade." (Footnote omitted.)

He also argued that the growth of U.S. technology sector has increased demand for educated workers, but not unskilled workers, and this plays a role in opposition to globalization in the U.S.

He stated that while globalization has increased competition and variety, and lowered costs, many in the U.S. still opposed globalization. He explained that "competition and progress invariably produce winners and losers. Even if all consumers gain, a few producers may gain a lot and few others may lose a lot. Another answer is that, for the advanced economies, opening up markets to products from low-wage countries may disproportionately benefit those with the highest incomes, while greater immigration may hold down blue-collar wages, thereby creating greater inequality of incomes. Economists who have studied rising income inequality in America generally conclude that, although international trade and migration have contributed slightly, the main factor by far has been progress in information technology, which has boosted the demand for educated workers relative to those with low skills."

He spoke via teleconference to the Association for Financial Professionals Global Corporate Treasurers Forum in San Francisco, California.

More Trade News

5/14. President Bush discussed trade in his Saturday radio address. He stated that "On Tuesday I will welcome our newest United States Trade Representative, former Congressman Rob Portman. Ambassador Portman understands that expanding trade is vital for American workers and consumers. He will make sure we vigorously enforce the trade laws on the books, while also working to continue opening foreign markets to American crops and products. The Central America Free Trade Agreement would help us achieve these goals. This agreement would help the new democracies in our hemisphere deliver better jobs and higher labor standards to their workers, and it would create a more level playing field for American goods and services. Congress needs to pass this important legislation."

5/13. José Manuel Barroso, the President of the European Commission, gave a speech in New York City titled "The EU and the US: A Bilateral Partnership for Global Solutions".

People and Appointments

Pascal Lamy5/13. The General Council of the World Trade Organization (WTO) will meet on May 26. It will select the next Director General. The WTO's selection committee has picked Pascal Lamy. Lamy is a Frenchman who was until recently the EU's Commissioner for Trade. Lamy will serve a four year term beginning on September 1, 2005. He will replace the current Director General, Supachai Panitchpakdi. The U.S. Trade Representative, Robert Portman, praised the selection of Lamy. He stated in a release that "I believe he'll rise to the challenge of serving as the neutral leader and advocate of ambition in the ongoing Doha trade round."

5/13. Supachai Panitchpakdi, who will finish his term as Director General of the World Trade Organization (WTO) at the end of August, was picked to lead the United Nations Conference on Trade and Development (UNCTAD). See, WTO release.

5/13. President Bush announced his intent to designate Gordon England to be acting Deputy Secretary of Defense. See, White House release.

5/13. President Bush nominated James Letten to be the U.S. Attorney for the Eastern District of Louisiana for a term of four years. See, White House release.

5/13. President Bush announced his intent to nominate Janice Gardner to be Assistant Secretary for Intelligence and Analysis at the Department of the Treasury. See, White House release.

5/3. Abraham Sofaer was named to the Board of Directors of Rambus. He works at the Hoover Institution at Stanford University. From 1979 to 1985, he was a Judge of the U.S. District Court for the Southern District of New York. See, Rambus release.

More News

5/13. The Department of Justice's (DOJ) Antitrust Division announced that it has decided to close its investigation into the newspaper joint operating arrangement (JOA) between the Seattle Times Company and Hearst Communications, Inc. under the Newspaper Preservation Act (NPA). The DOJ stated in a release that it "did not find sufficient basis to conclude that the Seattle Times Company engaged in improper conduct that is likely to lead to monopolization of the Seattle newspaper market."

5/13. BellSouth announced in a release that it "has signed an agreement for the sale of its 34.75 percent equity ownership in Cellcom, a cellular communications operator in Israel. Discount Investment Corp, Ltd. (TLV: DISI.TA), which currently holds a 25 percent interest in Cellcom, has agreed to pay BellSouth $625 million for BellSouth's entire Cellcom ownership interest. BellSouth expects to record a gain on the transaction based on the book value at closing. Based on current book value, the after-tax gain would be approximately $235 million or 13 cents per share."

5/16. TLJ published a story titled "Debate Over Broadcast Flag Legislation Begins" in TLJ Daily E-Mail Alert No. 1135, May 13, 2005. This story states that "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)." TLJ subsequently talked with a spokesman for the MPAA, who stated that this draft bill did not come from the MPAA. He also volunteered that he did not know whether or not it came from one of the members of the MPAA.

House to Take Up DHS Authorization Act, With Amended DHS Cybersecurity Enhancement Act

5/16. The House will likely take up HR 1817, the "Department of Homeland Security Authorization Act for Fiscal Year 2006". The House Rules Committee is scheduled to meet to adopt a rule for consideration of HR 1817 on Tuesday, May 17 at 2:30 PM. The full House is scheduled to take up the bill later in the week. See, Republican Whip Notice.

The bill, as reported by the House Homeland Security Committee (HHSC) on May 3 and 13, 2005, contains a rewritten version of HR 285, the "Department of Homeland Security Cybersecurity Enhancement Act of 2005". The HHSC's Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity approved HR 285 on April 20, 2005. HR 1817 RH scales back HR 285. See, HR 1917 RH [79 pages in PDF] and House Report No. 109-71, in Part 1 and Part 2.

Cybersecurity. HR 285 would create the new position of Assistant Secretary for Cybersecurity in the Department of Homeland Security's (DHS) Directorate for Information Analysis and Infrastructure Protection. It would also create a National Cybersecurity Office, to be headed by this Assistant Secretary. The bill would increase the rank of the top cybersecurity officer at the DHS, and define and expand the responsibilities of this officer. However, there is nothing in HR 285 that would increase governmental authority over the private sector. See, story titled "House Subcommittee Approves Cybersecurity Bill" in TLJ Daily E-Mail Alert No. 1,120, April 21, 2005.

HR 1817, as reported by the HHSC, includes a greatly revised version of HR 285. HR 1817 creates an Assistant Secretary for Cybersecurity, but does not require that the position be in the Directorate for Information Analysis and Infrastructure Protection. It also adds that this is a Presidential appointment.

While HR 285 provides that the Assistant Secretary for Cybersecurity "shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department", HR 1817 omits this language. HR 1817 also omits HR 285's enumeration of responsibilities of the Assistant Secretary for Cybersecurity

HR 1817 provides that the Assistant Secretary for Cybersecurity, along with the National Science Foundation (NSF), may create a program to provide grants to universities for cybersecurity research. However, it provides that the NSF "shall operate the program".

HR 1817 also provides that "Of the amount authorized under section 101, there is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for fiscal year 2006."

Section 101 is the general authorization for appropriations. It provides that "There is authorized to be appropriated to the Secretary of Homeland Security for the necessary expenses of the Department of Homeland Security for fiscal year 2006, $34,152,143,000."

HR 1817 also provides that the "Under Secretary for Science and Technology" -- not the Assistant Secretary for Cybersecurity -- "shall support research and development, including fundamental, long-term research, in cybersecurity to improve the ability of the United States to prevent, protect against, detect, respond to, and recover from cyber attacks, with emphasis on research and development relevant to large-scale, high-impact attacks."

Section 105 provides that "there are authorized to be appropriated for fiscal year 2006 ... (3) $19,000,000 for cybersecurity-related research and development activities".

Freedom of Information Act Exemption. Section 334 of HR 1817 RH contains a broad exemption to the Freedom of Information Act (FOIA) for certain critical infrastructure information.

It provides as follows: "(a) PROTECTION OF INFORMATION.---The information set forth in subsection (b) that is generated, compiled, or disseminated by the Department of Homeland Security in carrying out this subtitle ... is exempt from disclosure under section 552 of title 5 ...". The FOIA is codified at 5 U.S.C. § 552.

It further provides that this information "shall not, if provided by the Department to a State or local government or government agency---(A) be made available pursuant to any State or local law requiring disclosure of information or records; (B) otherwise be disclosed or distributed to any person by such State or local government or government agency without the written consent of the Secretary; or (C) be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act."

The above referenced subsection (b) enumerates the information that is covered by this section 334. This list includes "The Secretary’s prioritization of critical infrastructure", "the Secretary’s review of existing security plans for such infrastructure", "The Secretary’s recommendations for changes to existing plans for securing such infrastructure", and "The nature and scope of protective efforts with respect to such infrastructure".

Washington Tech Calendar
New items are highlighted in red.
Monday, May 16

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

The Senate will meet at 2:00 PM. It will resume consideration of HR 3, the "Transportation Equity Act".

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

12:00 NOON. Deputy Secretary of State Robert Zoellick will speak at an event hosted by the Heritage Foundation titled "From Crisis to Commerce: CAFTA and Democracy in our Neighborhood". Location: Heritage, 214 Massachusetts Ave., NE.

5:00 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 2360, the "Department of Homeland Security Appropriations Act for FY 2006".

Tuesday, May 17

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The House will begin consideration of HR 2360, the "Department of Homeland Security Appropriations Act for FY 2006". See, Republican Whip Notice.

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 on the Federal Communications Commission's (FCC) radio ownership rules. The speakers will be Alan Schneider (FCC's Audio Division, invited), Jack Goodman (Wilmer Cutler), and Michael Passarelli (BIA). Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, Suite 800.

2:30 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 1817 RH [79 pages in PDF] "Department of Homeland Security Authorization Act for Fiscal Year 2006", which includes an amended version of the "Department of Homeland Security Cybersecurity Enhancement Act of 2005".

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.

Wednesday, May 18

The House will meet at 10:00 AM for legislative business. The House may consider HR 2360, the "Department of Homeland Security Appropriations Act for FY 2006", and HR 1817 RH [79 pages in PDF] the "Department of Homeland Security Authorization Act for Fiscal Year 2006", which includes an amended version of the "Department of Homeland Security Cybersecurity Enhancement Act of 2005". See, Republican Whip Notice.

9:30 AM. The Senate Judiciary Committee has scheduled an executive business meeting. The SJC frequently cancels meetings without notice. The SJC rarely follows its agenda. 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 - 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.

6:00 - 8:30 PM. Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Pam Slipakoff at pamslip at yahoo dot com. Location: Poste-Modern Brasserie, 555 8th Street, NW.

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.

Thursday, May 19

The House will meet at 10:00 AM for legislative business. The House may consider HR 2360, the "Department of Homeland Security Appropriations Act for FY 2006", and HR 1817 RH [79 pages in PDF] the "Department of Homeland Security Authorization Act for Fiscal Year 2006", which includes an amended version of the "Department of Homeland Security Cybersecurity Enhancement Act of 2005". See, Republican Whip Notice.

2:00 PM. The Senate Banking Committee will hold a hearing on the nomination of Ben Bernanke to be a Member of the President's Council of Economic Advisers. Location: Room 538, Dirksen Building.

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.

Friday, May 20

The House may meet at 9:00 AM for legislative business. See, Republican Whip Notice.

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), James Burger (Dow Lohnes), Mike Godwin (Public Knowledge) and Lawrence Sidman (Paul Hastings). 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.

Monday, May 23

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its intercarrier compensation system. This FNPRM is FCC 05-33 in CC Docket No. 01-92. The FCC adopted this FNPRM at its meeting of February 10, 2005, and released it on March 3, 2005. See, notice in the Federal Register, March 24, 2005, Vol. 70, No. 56, at Pages 15030 - 15044. See also, story titled "FCC Adopts FNPRM in Intercarrier Compensation Proceeding" in TLJ Daily E-Mail Alert No. 1,076, February 14, 2005.

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