7/15. The U.S. Court of Appeals (DCCir) issued its opinion [PDF] in NorthPoint v. FCC, affirming the Federal Communications Commission's (FCC) rules allowing terrestrial multichannel video distribution and data service (MVDDS) to share the 12.2-12.7 GHz band with direct broadcast satellite (DBS) services, and affirming the FCC's decision to auction MVDDS use of the band.

At issue are the FCC's final orders allowing sharing of the 12 GHz band, and providing for the auctioning of this spectrum. Both Northpoint and DBS providers (EchoStar, Directv, SES Americom, and their Satellite Broadcasting and Communications Association) brought petitions for review and appeals.

DBS providers use geosynchronous satellites located over the equator. Their customers in the U.S. use receivers that point southward towards these satellites. The technology advanced by Northpoint involves terrestrial towers, using the same spectrum, whose directional antennas point southward. Their customers use receivers that point northward towards these towers.

The DBS providers challenged the FCC's order allowing MVDDS providers to share the 12 GHz band with DBS providers. They also argued that the technical parameters mandated by the FCC were insufficient to protect their service from harmful interference.

Northpoint has all along argued that the FCC should order the sharing of the 12 GHz band. However, Northpoint challenged the FCC's decision to auction the MVDDS licenses for that bandwidth. It argues that it should have been granted exclusive access without having to go through an auction process.

Northpoint did not prevail on the auction process issue at the FCC, and did not participate in the FCC's MVDDS auction, which took place in January 2004. The FCC FCC awarded licenses to other parties.

In the present opinion, the Court of Appeals rejected all of the challenges.

The Court of Appeals deferred to the FCC’s definition of harmful interference, as used in the Rural Local Broadcast Signal Act of 1999 (RLBSA), and further found that the FCC's solutions for ensuring that both new and existing DBS subscribers do not experience such harmful interference is reasonable. Hence, it rejected the DBS providers' Administrative Procedure Act (APA) challenge.

The Court of Appeals also found that the ORBIT Act does not unambiguously bar the FCC's decision to auction MVDDS licenses for the 12 GHz band, and the LOCAL TV Act does not unambiguously operate to bar the FCC from auctioning those licenses to MVDDS providers other than Northpoint, and that the FCC did not arbitrarily treat Northpoint differently than the NGSO-FSS applicants in violation of the APA. Hence, the Court of Appeals rejected Northpoint's challenge.

The DBS providers were represented by Richard Bress of the law firm of Latham & Watkins. He stated to TLJ that "We are pleased with the Court's decision on the auction issue, which we believe was correctly decided." With regard to terrestrial use of the spectrum, he added that "we are happy to work with the Commission to ensure that there will be no harmful interference to DBS".

Michael Kellogg of the law firm of Kellogg Huber represented Northpoint.

This case is NorthPoint Technology Ltd, et al. v. FCC, Echostar Satellite Corporation, et al., intervenors, U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 02-1194, 02-1195, 02-1209, 03-1244, 03-1245, 03-1286, 03-1297, 03-1299, and 03-1300. Judge Sentelle wrote the opinion of the Court of Appeals, in which Judge Rogers and Tatel joined.

Also, on June 21, 2005, the Court of Appeals issued  its opinion [19 pages in PDF] in Northpoint v. FCC, setting aside part of the FCC's DBS Auction Order. That case was Northpoint Technology Ltd. and Compass Systems, Inc., U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 04-1052 and No. 04-1053. See also, story titled "DC Circuit Rules in Northpoint v. FCC" in TLJ Daily E-Mail Alert No. 1,161, June 24, 2005.

7/15. The U.S. Court of Appeals (4thCir) issued its opinion [12 pages in PDF] in In Re: Grand Jury Subpoena, a case regarding application of the attorney client privilege to communications between attorneys for a corporation -- in this case AOL Time Warner -- and employees of the corporation. AOL, but not the employees, later asserted a waiver of the attorney client privilege. The Court of Appeals affirmed the District Court's denial of the three employees' motions to quash grand jury subpoenas for AOL's records regarding the communications.

This case grows out of the Securities and Exchange Commission's (SEC) and Department of Justice's (DOJ) investigation of AOL's relation with PurchasePro, a business to business (B2B) company. In house counsel for AOL, as well as outside counsel for AOL (the law firm of Wilmer Cutler) interviewed the three employees of AOL who bring the present appeals.

These attorneys stated to the employees before hand that the communications were privileged, that the privilege belonged to AOL, and that the decision to waive it belonged to AOL. They also stated that the attorneys could represent the employees. They also stated that the employees could retain their own counsel.

A grand jury of the U.S. District Court (EDVa) issued subpoenas for AOL's records regarding their communications with the three employees, including written records reflecting interviews. AOL asserted waivers of the attorney client privilege. Attorneys for the three employees asserted the attorney client privilege, and moved to quash the subpoenas. One of the three also asserted that that the information he disclosed to the investigating attorneys was privileged under the common interest doctrine.

The District Court denied the motions to quash. This appeal followed.

The Court of Appeals affirmed. It rejected that argument that the subjective understanding of the purported client is sufficient to create an attorney client relationship, with an attorney client privilege attaching to the purported client. Rather, the Court of Appeals held that the "essential touchstones for the formation of an attorney-client relationship between the investigating attorneys and the appellants were missing at the time of the interviews. There is no evidence of an objectively reasonable, mutual understanding that the appellants were seeking legal advice from the investigating attorneys or that the investigating attorneys were rendering personal legal advice."

The Court added that "An individual’s subjective belief that he is represented is not alone sufficient to create an attorney-client relationship", and that "the putative client must show that his subjective belief that an attorney-client relationship existed was reasonable under the circumstances." The Court concluded that the employees did not have a reasonable belief.

The Court opinion identifies only one of the three employees, Kent Wakeford. In January of 2005 a grand jury of the U.S. District Court (EDVa) returned an indictment of Wakeford, another former AOL employee, and three former Purchase Pro employees, alleging conspiracy, two counts of securities fraud, two counts of making false statements to PurchasePro’s auditors, and 17 counts of wire fraud. See, DOJ release [PDF].

This case is In Re: Grand Jury Subpoena, and consolidated appeals, U.S. Court of Appeals for the 4th Circuit, App. Ct. Nos. 04-4410, 04-4411, and 04-4673, appeals from the U.S. District Court for the Eastern District of Virginia, at Alexandria, Judge Gerald Bruce Lee presiding, D.C. Nos. CR-04-178-MG and CR-04-178. Judge Samuel Wilson (sitting by designation) wrote the opinion of the Court of Appeals, in which Judges Niemeyer and Wilkins joined.

7/15. The U.S. Court of Appeals (DCCir) issued its divided opinion [84 pages in PDF] in Shays v. FEC, a judicial resolution of disagreements between the Federal Election Commission's (FEC) and four Representatives and Senators regarding rules implementing the Bipartisan Campaign Reform Act of 2002 (BCRA).

This statute, which is also known as McCain Feingold, is now Public Law No. 107-155. Sen. John McCain (R-AZ) and Sen. Russ Feingold (D-WI) were the lead sponsors of the bill in the Senate. Rep. Christopher Shays (R-CT) and Rep. Marty Meehan (D-MA) were the lead sponsors in the House.

As required by the BCRA, the FEC promulgated implementing regulations.

Rep. Shays and Rep. Meehan then filed a complaint in the U.S. District Court (DC) challenging many of these regulations. Sen. McCain and Sen. Feingold submitted an amicus curiae brief. The District Court, Judge Colleen Kotelly presiding, overturned 14 parts of the FEC's implementing regulations. The District Court also held that the Congressmen have standing. See, Shays v. FEC, 337 F.Supp.2d 28 (D.D.C. 2004).

One part of the District Court's decision is significant for technology law, and in particular, for political speech on the internet. The BCRA provides for regulation of certain "public communications"s. It includes a definition of "public communication", which is now codified at 2 U.S.C. § 431(22). It provides that "The term ``public communication´´ means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising."

The FEC promulgated a rule that provides that "The term public communication shall not include communications over the Internet." This is codified at 11 C.F.R. § 100.26. The District Court held that the FEC lacked authority to do this. Hence, certain internet communications, such as personal blogs, web sites, and e-mail, will now be subject to federal regulation under the FECA as "public communication"s.

The FEC appealed with respect to five of the fourteen overturned rules. It did not appeal the portion of the District Court ruling that threatens internet speech. The FEC voted 4-2 against appealing this part. The vote was partisan. The three Democrats on the Commission, and one of the three Republicans, voted against the appeal. Moreover, this one Republican, Brad Smith, stated on June 28 that he would have voted to appeal, if there had been a fourth vote.

The just issued opinion of the Court of Appeals has nothing to say about internet speech, political blogs, personal web sites, or e-mail lists. The Court of Appeals did, however, affirm the five challenged parts of the District Court's judgment.

As a result of the District Court's unchallenged ruling regarding regulation of internet speech, the FEC is now in the process of writing news rules regulating speech on the internet. The FEC adopted its notice of proposed rulemaking on March 24, 2005. It held two days of public hearings on June 28 and 29, 2005. It has yet to adopt and release its new rules.

Judge Karen Henderson wrote a fourteen page dissent to the just issued opinion. She raised the obvious question. How is it that Members of Congress have standing to challenge regulations? Neither Shays nor Meehan, nor McCain nor Feingold alleged any real injury from the FEC's regulations. The FEC has taken no action against them.

Rather, they essentially disagree with the regulations on policy grounds. However, they did claim injury based upon their allegation that the FEC's BCRA regulations do not sufficiently protect them from prohibited campaign practices.

The two Judges of the majority found that there is standing, based upon Shays' and Meehan's claim's of hypothetical harm to competition in elections. However, this opinion will not likely stand as precedent for the proposition that legislators have standing to challenge any regulation. The Court's finding of standing was based upon its analysis that the FEC's regulations pertain to election contests, and legislators are competitors in these contests. In contrast, many agency rules regulate commercial markets, and legislators are not economic competitors in most of these markets.

Also, the Court did not discuss the variety of legislative remedies available to legislators to influence the regulatory output of the federal agencies. The Congress can pass an another statute, including one revoking authority for the regulations, or mandating an new rulemaking proceeding. The Senate can reject the President's nominees for that agency. Finally, the Congress can withhold or limit funding for an agency.

This case is Christopher Shays and Martin Meehan v. FEC, U.S. Court of Appeals for the District of Columbia, App. Ct. No. 04-5352, an appeal from the U.S. District Court for the District of Columbia, Judge Colleen Kotelly presiding, D.C. No. 02cv01984.

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998 - 2005 David Carney, dba Tech Law Journal. All rights reserved.

The House and Senate will meet in joint session at 10:00 AM to hear Manmohan Singh, Prime Minister of India. See, Republican Whip Notice.

The Senate will meet at 11:00 AM. It will begin consideration of begin consideration of HJRes 52, the Burma trade resolution. It will then resume resume consideration of HR 3057, the foreign operations appropriations bill.

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.

TIME CHANGE. 11:15 AM. The Senate Commerce Committee (SCC) will hold a hearing on the proposed reorganization of the Department of Homeland Security (DHS). Secretary of Homeland Security Michael Chertoff will testify. See, SCC notice. See, also DHS release, Chertoff speech and proposed organizational chart [PDF]. 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. Location: Room 253, Russell Building.

12:00 NOON. The Advisory Committee to the Congressional Internet Caucus will host a panel discussion titled "Interpreting Grokster: Protecting Copyright in the the Age of Peer-to-Peer". The speakers will be Don Verrilli (Jenner & Block, attorney for the content industry), Fred Von Lohmann (Electronic Frontier Foundation, attorney for Streamcast Networks), and Andrew Greenberg (Carlton Fields, attorney for the IEEE). See, notice. A box lunch will be served. RSVP to Danielle Yates at 202 638-4370 or dyates at netcaucus dot org. Location: Room HC-5, Capitol Building.

2:00 PM. The Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Federal Financial Management, Government Information, and International Security will hold a hearing titled "Securing Cyberspace: Efforts to Protect National Information Infrastructures Continue to Face Challenges". The witnesses will be David Powner (Government Accountability Office), Andy Purdy (acting Director of the National Cyber Security Division of the Department of Homeland Security), Paul Skare (Siemens Power Transmission & Distribution Inc.), and Thomas Jarrett (Delaware Department of Technology and Information). See, notice. Location: Room 562, Dirksen Building.

5:00 PM. The Center for Democracy and Technology (CDT) will host news conference regarding "Transatlantic Dialogue on Internet Policies and Digital Economy". The participants will include Members of Congress and Members of the European Parliament. Press contact: Danielle Yates at dyates at netcaucus dot org or 202 638-4370. Location: Room 1302, Longworth Building, Capitol Hill.

The Center for Democracy and Technology (CDT) will host a reception following its news conference regarding "Transatlantic Dialogue on Internet Policies and Digital Economy". Location: Room 1300, Longworth Building, Capitol Hill.

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

9:00 AM - 1:00 PM. The National Telecommunications and Information Administration (NTIA) will host a meeting titled "Pharmers and Spimmers, Hackers and Bluejackers: Combating Wireless Security Threats". The speakers will include Michael Gallagher (head of the NTIA), John Kneuer (NTIA), Daniel Caprio (Deputy Assistant Secretary of Commerce and Chief Privacy Officer), and Kathleen Higgins (National Institute of Standards & Technology). Press contact: Clyde Ensslin at censslin at ntia dot doc dot gov or 202 482-0019. See, NTIA notice and notice in the Federal Register, June 22, 2005, Vol. 70, No. 119, at Page 36126. Location: Department of Commerce, Auditorium, 1401 Constitution Ave., NW.

9:30 AM. The Senate Judiciary Committee (SJC) has scheduled a hearing titled "Reporters' Shield Legislation: Issues and Implications". The scheduled witnesses are James Comey (Deputy Attorney General), Matthew Cooper (Time Magazine), Norman Pearlstine (Time Inc.), Lee Levine (Levine Sullivan Koch & Schulz), Geoffrey Stone (University of Chicago Law School). See, notice. The SJC frequently cancels hearings without 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.

9:30 AM. The Senate Health, Education, Labor, and Pensions Committee will hold a business meeting. The agenda includes consideration of S 1355, the "Better Healthcare through Information Technology Act". Location: Room 430, Dirksen Building.

10:00 AM. The House Financial Services Committee will hold a hearing to receive the testimony of the Alan Greenspan, Chairman of the Federal Reserve Board, on monetary policy and the state of the economy. Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Budget Committee will hold a hearing on the federal role in, and budget implications of, health information technology. Location: Room 628, Dirksen.

12:00 NOON. The Senate Homeland Security and Governmental Affairs Committee will hold a business meeting to consider the nominations of Richard Skinner (to be Inspector General of the Department of Homeland Security), Brian David Miller (to be Inspector General of the General Services Administration), and Edmund Hawley (to be Assistant Secretary at the Department of Homeland Security). See, notice. Location: undisclosed.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Introduction To Trademark And Patent Law". The speakers will be Steven Warner (Fitzpatrick Cella Harper & Scinto) and Gary Krugman (Sughrue Mion). The price to attend ranges from $20-$30. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

1:00 - 2:00 PM. The U.S. Chamber of Commerce and Visa US will host a news conference titled "Securing Personal Data in Transactions". The participants will include Deborah Majoras (Chairman of the Federal Trade Commission), Steve Ruwe (Visa USA), and Rolf Lundberg (U.S. Chamber of Commerce). Location: Murrow Room, National Press Club, 13th Floor, 529 14th Street, NW.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Environment and Hazardous Materials will hold a hearing titled "Electronic Waste: An Examination of Current Activity, Implications for Environmental Stewardship, and the Proper Federal Role". The hearing will be webcast by the HCC. See, notice. Press contact: Larry Neal at 202 225-5735. Location: Room 2322, Rayburn Building.

2:00 PM. Sen. John Ensign (R-NV), Sen. Joe Lieberman (D-CT), and representatives of the Council on Competitiveness (COC) will hold a news conference to discuss forthcoming legislation. The COC states that this bill will implement some of the recommendations in its report [26 pages in PDF] titled "Innovate America". Location: Room 562, Dirksen Building.

2:30 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 3199, the "USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005". Location: Room H-312, Capitol Building.

2:30 PM. The Senate Intelligence Committee will hold a hearing on the nomination of Benjamin Powell to be General Counsel of the Office of the Director of National Intelligence. Location: Room SDG-50, Dirksen Building.

3:00 PM. The Senate Appropriations Committee's Subcommittee on Transportation, Treasury, the Judiciary, and Housing and Urban Development, and Related Agencies will meet to consider HR 3058, the appropriations bill for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and some independent agencies. Location: Room 116, Dirksen Building.

4:00 - 5:00 PM. The Consumer Electronics Association (CEA) will host a webcast event titled "Recognizing Economic Benefit From the R&D Tax Credit Through Innovation, New Products and New Technology". See, notice. For more information, contact Deb Kassoff at 703 907-7655 or dkassoff at ce dot org.

The Federal Communications Commission (FCC) will hold Auction 60, the auction of five licenses in the Lower 700 MHz band C block (710-716/740-746 MHz). See, FCC's Public Notice [PDF] numbered DA 05-171, and FCC's Public Notice [63 pages in PDF] titled "Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures" and numbered DA 05-737. See also, notice in the Federal Register, June 1, 2005, Vol. 70, No. 104, at Page 31469.

Extended deadline to submit reply comments to Federal Communications Commission (FCC) in response to its FNPRM in its proceeding titled "In the Matter of Developing a Unified Intercarrier Compensation Regime". See, order [2 pages in PDF] extending deadline from June 22 to July 20. See also, notice in the Federal Register, June 15, 2005, Vol. 70, No. 114, at Pages 34724 - 34725. See also, story titled "FCC Adopts FNPRM in Intercarrier Compensation Proceeding" in TLJ Daily E-Mail Alert No. 1,076, February 14, 2005. This proceeding is CC Docket No. 01-92.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Satellite Industry Association's (SIA) petition for reconsideration of the FCC's Second Report and Order and Second Memorandum Opinion and Order in its proceeding titled "Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems", ET Docket No. 98-153. See, extension order.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding reserve prices or minimum opening bids and other auction procedures for Auction No. 63, the auction of multichannel video distribution and data service licenses. See, notice in the Federal Register, July 11, 2005, Vol. 70, No. 131, at Page 39775.

The House will meet at 9:00 AM for legislative business. The House may take up HR 3199, the "USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005". See, Republican Whip Notice.

8:30 AM - 1:00 PM. The Information Technology Association of America (ITAA) will host a conference titled "Public Trust on the Line: Security, Safety and VoIP". The price to attend ranges from $50 to $250. See, notice. Location: National Press Club, 529 14th St. NW, 13th Floor.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The SJC frequently cancels meetings without notice. The agenda includes S 1389, the "USA PATRIOT Improvement and Reauthorization Act of 2005", S __, the "Personal Data Privacy and Security Act of 2005", S 751, the "Notification of Risk to Personal Data Act", and S  1326, the "Notification of Risk to Personal Data Act". The SJC rarely follows its published 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.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Credit Card Data Processing: How Secure Is It?" Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing to receive testimony from Alan Greenspan, Chairman of the Federal Reserve Board. See, notice. Location: Room 538, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "U.S. Competitiveness: The Innovation Challenge". The witnesses will be Nicholas Donofrio (SVP, IBM), John Morgridge (Chairman, Cisco Systems), and William Brody (President, Johns Hopkins University). Location: Room 2318, Rayburn Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Americas Regional Preparatory Meeting for the World Telecommunication Development Conference (WTDC-06) in Lima, Peru, from August 9-11, 2005. See, notice in the Federal Register, June 22, 2005, Vol. 70, No. 119, Page 36224. Location: DOS, Room 2533A.

12:00 NOON. The Cato Institute will host a panel discussion titled "The USA Patriot Act: Renew, Revise, or Repeal?". The speakers will be Rep. Jeff Flake (R-AZ), former Rep. Bob Barr (R-GA), and Tim Lynch (Cato). See, notice and registration page. Location: Room B-369, Rayburn Building.

RESCHEDULED FROM JUNE 9. 12:15 PM - 2:00 PM. The Forum on Technology will host a luncheon panel discussion titled "Basic Research - The Foundation of the Innovation Economy". See, notice. Location: Room 902, Hart Building, Capitol Hill.

2:00 PM. The Senate Appropriations Committee will meet to consider HR 3058, the appropriations bill for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and some independent agencies. Location: Room 116, Dirksen Building.

2:30 PM. The House Armed Services Committee's (HASC) Subcommittee on Terrorism, Unconventional Threats and Capabilities and the House Homeland Security Committee's Subcommittee on Emergency Preparedness, Science and Technology Subcommittee will hold a joint hearing on counter terrorism technology sharing. The witnesses will include Tony Tether (Director of the Defense Advanced Research Projects Agency), Sue Payton (Deputy Under Secretary of Defense for Advanced Systems and Concepts), and John Kubricky, Acting Director, Homeland Security Advanced Research Projects Agency). Location: Room 2118, Rayburn Building.

2:30 PM. The Senate Intelligence Committee will hold a hearing on the nomination of John Redd to be Director of the National Counterterrorism Center, in the Office of the Director of National Intelligence. Location: Room 216, Hart Building.

Deadline to submit reply comments to the Copyright Office's Copyright Royalty Board regarding its interim regulations governing the organization, administration, and procedures of the Copyright Royalty Board. See, notice in the Federal Register, May 31, 2005, Vol. 70, No. 103, at Pages 30901 - 30916.

The House will meet at 9:00 AM for legislative business. The House may continue its consideration of HR 3199, the "USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005". See, Republican Whip Notice.

10:00 AM. The Senate Foreign Relations Committee will hold a hearing on several nominations, including that of Josette Shiner to be Under Secretary of State for Economic, Business, and Agricultural Affairs. Location: Room 419, Dirksen Building.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a panel discussion titled "Data Security and Privacy Protection: What is the Public Sector's Role?". The speakers will include Orson Swindle (former Federal Trade Commission (FTC) Commissioner), Howard Beales (former Director of the FTC's Consumer Protection Bureau), and Paul Rubin (Emory University). See, notice and registration page. Lunch will be served. Location: Room B-369, Rayburn Building, Capitol Hill.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [10 pages in PDF] regarding video news releases (VNRs). This notice is FCC 05-84 in MB Docket No. 05-171.

12:00 NOON. The Senate Judiciary Committee (SJC) may hold a hearing on the nomination of Timothy Flanigan to be the Deputy Attorney General. The SJC frequently cancels hearings without 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.

EXTENDED TO SEPTEMBER 9. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of second further proposed rulemaking regarding horizontal and vertical cable ownership limits. The FCC adopted this Second Further NPRM on May 13, 2005, and released it on May 17, 2005. This item is FCC 05-96 in MM Docket No. 92-264. See, notice in the Federal Register, June 8, 2005, Vol. 70, No. 109, at Pages 33679 - 33687. See, notice of extension of deadlines, in the Federal Register, July 6, 2005, Vol. 70, No. 128, at Pages 38848 - 38849.

9:00 AM - 5:00 PM. Day one of a two day roundtable hosted by the Copyright Office on orphan works. See, notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39341 - 39343. Location: Room 188, Russell Building, Capitol Hill.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the ITU-D's meetings of Study Group 1 and Study Group 2, which will take place in September, Geneva, on September 6-9 and 12-15, 2005. See, notice in the Federal Register, July 8, 2005, Vol. 70, No. 130, at Pages 39544 - 39545. Location: Room 2533A, State Department.

12:15 - 1:30 PM. The Chamber of Commerce will host a luncheon program titled "The Wireless Revolution: Enriching the Global Economy with Mobile Broadband and Smart Devices". The speaker will be Irwin Mark Jacobs, Chairman of Qualcomm. The price to attend ranges from free to $145. For more information, contact Natalie Safertal at 202-463-5500. See, notice. Location: Chamber of Commerce, 1615 H Street, NW.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Intellectual Property has scheduled another hearing titled "Perspective on Patents: Harmonization and Other Matters". The SJC frequently cancels hearings without 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.