9/8. The Department of Justice's (DOJ) Antitrust Division filed a civil complaint in U.S. District Court (NDIll) against the National Association of Realtors (NAR) alleging violation of federal antitrust laws in connection with its obstruction of real estate brokers who use internet tools to offer services to consumers.

The one count complaint alleges violation of Section 1 of the Sherman Act, which is codified at 15 U.S.C. § 1. The DOJ seeks to enjoin the NAR "from maintaining or enforcing a policy that restrains competition from brokers who use the Internet to more efficiently and cost effectively serve home sellers and buyers, and from adopting other related anticompetitive rules".

Section 1 provides, in partl, that "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine ..."

The complaint states that "The brokers against whom the policy discriminates operate secure, password-protected Internet sites that enable the brokers' customers to search for and receive real estate listings over the Internet. These websites thus replace or augment the traditional practice by which the broker conducts a search of properties for sale and then provides information to the customer by hand, mail, fax, or e-mail. Since these websites were first developed in the late 1990s, brokers' use of the Internet in connection with their delivery of brokerage services has become an important competitive alternative to traditional ``brick-and-mortar´´ business models."

"Defendant's members include traditional brokers who are concerned about competition from Internet-savvy brokers", the complaint continues. "In response to such concerns, defendant, through its members, adopted a policy (the ``VOW Policy´´) limiting this new competition. The VOW Policy significantly alters the rules governing multiple listing services (``MLS´´). MLSs collect detailed information about nearly all properties for sale through brokers and are indispensable tools for brokers serving buyers and sellers in each MLS's market area. Defendant's local Realtor associations (``member boards´´) control a majority of the MLSs in the United States."

The complaint adds that this "VOW Policy permits brokers to selectively or generally withhold their clients' listings from VOW operators by means of an ``opt-out´´ right. In essence, the VOW Policy allows traditional brokers to block the customers of targeted competitors from using the Internet to review the same set of MLS listings that the traditional brokers provide to their customers."

And this, states the DOJ, "restricts the manner in which brokers with efficient, Internet-based business models may provide listings to their customers, and imposes additional restrictions on brokers operating VOWs that do not apply to their traditional competitors. Defendant thus denies brokers using new technologies and business models the same benefits of MLS membership available to their competitor brokers, and it suppresses technological innovation, discourages competition on price and quality, and raises barriers to entry. Defendant -- an association of competitors -- has agreed to a policy that suppresses new competition and harms consumers."

The DOJ added in a release that "Although NAR today announced its adoption of a revised policy, the revised policy continues to discriminate against innovative brokers, and does not resolve the Department's concerns."

The NAR responded by issuing two release. One release states that the NAR has adopted a new policy titled "Internet Listing Display" or "ILD".

The NAR's second release states that "We believe the new ILD policy is fair, pro-consumer, pro-competitive and accommodates innovation. After months of negotiations, we are at a loss to understand why the Department of Justice would bring a legal action. Many of the changes incorporated in the new policy are in direct response to concerns they have raised over the course of the two year investigation."

The NAR added that "The policy will bring consumers more points of access to real estate information from multiple listing services than they have ever had before. For consumers, whether they are home buyers or sellers, this new policy is a win-win. Buyers will be able to find all the listings available for public display on the Web site of the broker of their choice and sellers will be able to work with the listing broker of their choice. The policy treats all MLS members equally yet respects the rights of property owners and their listing brokers to market a property as they see fit."

This case is U.S.A. v. National Realtors Association, U.S. District Court for the Northern District of Illinois, Eastern Division, D.C. No. 05C-5140, Judge Filip presiding.

9/8. The Federal Communications Commission (FCC) announced the agenda [PDF] for its September 15 event titled "Open Meeting". The FCC is not scheduled to consider the adoption of anything. Rather, the FCC will hear "presentations regarding the effects of Hurricane Katrina on communications services in the Gulf Coast states."

This event is scheduled for 9:30 AM on Thursday, September 15, 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 follow its published agenda. The FCC does not always start its monthly meetings at the scheduled time.

9/1. The U.S. District Court (SDNY) dismissed the complaint [PDF] in SEC v. Siebel Systems, a dispute regarding Regulation FD.

The Securities and Exchange Commission (SEC) filed a civil complaint in the District Court on June 29, 2004, against Seibel Systems alleging that it violated the SEC's Regulation FD, and against Kenneth Goldman, Siebel's CFO, and Mark Hanson, another Siebel officer, alleging that they aided and abetted Siebel's violations. See, SEC release of June 29, 2004.

The SEC adopted Regulation FD on August 15, 2000. The SEC asserted in its complaint that "Regulation FD protects small investors by prohibiting issuers from selectively disclosing material nonpublic information to certain persons -- securities analysts, broker-dealers, investment advisers and institutional investors -- before disclosing the same information to the public."

Siebel wrote in a release that "the Court completely vindicated the Company and two if its executives, Mark Hanson and Ken Goldman, stating that the SEC's approach and interpretation of Regulation FD ``places an unreasonable burden on a company's management and spokespersons to become linguistic experts, or otherwise live in fear of violating Regulation FD should the words they use later be interpreted by the SEC as connoting even the slightest variance from the Company's public statements.´´"

Robin Conrad, of the National Chamber Litigation Center, which filed an amicus curiae brief [PDF], stated in a release that "The court recognized that the SEC rule would have a chilling impact on corporate speech ... Lawsuits based on vague and general observations will overly restrict corporate speech and run counter to the purpose of the regulation: to promote disclosure."

This case is Securities and Exchange Commission v. Siebel Systems, Inc., Kenneth A. Goldman and Mark D. Hanson, U.S. District Court for the Southern District of New York, D.C. No. 04-CV-5130 (GBD).

9/6. Microsoft filed a Motion for Preliminary Injunction in state court in Washington in its action against Google and Kai-Fu Lee on August 22, 2005. The court held a hearing on the motion on September 6 and 7. Microsoft released a redacted version [26 pages in PDF] of the motion on September 6.

Microsoft filed its complaint in the Superior Court, King County, Washington, on July 19, 2005, alleging that a key employee, Kai-Fu Lee, breached his employee confidentiality and non-compete agreement with Microsoft, by going to work for Google on competing projects. See also, story titled "Microsoft Sues Former Employee Who Joined Google" in TLJ Daily E-Mail Alert No. 1,178, July 20, 2005.

The agreement states that "While employed at Microsoft and for a period of one year thereafter, I will not (a) accept employment or engage in activities competitive with products, services or projects (including actual or demonstrably anticipated research or development) on which I worked or about which I learned confidential or proprietary information or trade secrets while employed at Microsoft ..." (Parentheses in original.)

Microsoft seeks to prevent Kai-Fu Lee from going to work for Google. The Court has not yet ruled on the motion.

See also, e-mail message [PDF] from Kai-Fu Lee to Eric Schmidt, Sergey Brin, and Larry Page in which he states that "I am currently a Corporate VP at Microsoft, working on areas very related to Google", and excerpts [PDF] from Kai-Fu Lee's deposition.

This case is Microsoft Corporation v. Kai-Fu Lee and Google, Inc., Superior Court for the State of Washington in and for King County, No. 05-2-23561-6 SEA, Judge Steven Gonzalez presiding.

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The House will not meet. Its next meeting is Monday, September 12.

The Senate will meet at 9:30 AM. It will begin consideration of HR 2862, the Commerce, Justice, Science Appropriations bill.

8:30 AM - 12:30 PM. Day two of a two day public workshop hosted by the Department of Homeland Security's (DHS) Privacy Office titled "Privacy and Technology: Government Use of Commercial Data for Homeland Security". See, notice in the Federal Register, August 5, 2005, Vol. 70, No. 150, at Pages 45408 - 45409. Location: auditorium at the DHS offices at the GSA Regional Headquarters Building, 7th and D Streets, SW.

1:30 - 3:30 PM. The Federal Communications Commission's (FCC) WRC-07 Advisory Committee's Informal Working Group 2: Satellite Services and HAPS will meet. See, notice [PDF] Location: Leventhal Senter & Lerman, 2000 K Street, NW, 7th Floor Conference Room.

EXTENDED TO SEPTEMBER 23. Extended 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, original notice in the Federal Register, June 8, 2005, Vol. 70, No. 109, at Pages 33679 - 33687. See also, notice of extension of deadlines, in the Federal Register, July 6, 2005, Vol. 70, No. 128, at Pages 38848 - 38849. See, notice [PDF] of further extension.

Day one of a three day conference hosted by the Future of Music Coalition (FMC) titled "Future of Music Policy Summit". See, conference web site. The agenda lists, at 4:00 PM, a "Special Interview with FCC Commissioner Jonathan Adelstein". At 4:30 PM there will be a panel discussion titled "Music Policy 101". The speakers will include Johanna Shelton, Democratic Counsel to the House Commerce Committee. Location: Lisner Auditorium, George Washington University, 730 21st St., NW.

9:00 - 10:15 AM. The Chamber of Commerce and the Business Software Alliance (BSA) will host an event titled "Intellectual Property Business Forum". The speakers will include Carlos Gutierrez, the Secretary of Commerce. See, notice. The price to attend range from free to $95. Location: 1615 H St., NW.

12:00 NOON. The Senate Judiciary Committee will begin its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Location: Room 325, Russell Building.

12:00 NOON. The Center for Democracy and Technology (CDT) will host a panel discussion titled "Global Internet Governance: Should There be an Enhanced Role for the U.N.?" The speakers will be David Gross (Department of State) and Michael Gallagher (head of the National Telecommunications and Information Administration). See, notice. RSVP to Danielle Yates at 202 638-4370 or dyates at netcaucus dot org. Lunch will be served. Location: Room B-339, Rayburn House Office Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Cable and Broadband Rules for an Evolving Landscape: IPTV, Municipal Competition, and Local Video Regulation". No RSVP requested. For more information, contact Chris Fedeli at cfedeli at crblaw dot com or 202-828-9874 or Jason Friedrich at jason dot friedrich at dbr dot com or 202-354-1340. Location: Cole Raywid & Braverman, 1919 Pennsylvania Ave., NW, second floor.

Day two of a three day conference hosted by the Future of Music Coalition (FMC) titled "Future of Music Policy Summit". See, conference web site. At 9:15 AM there will be a panel titled "State of the Union". The speakers will be Marybeth Peters (Register of Copyrights), Mitch Bainwol (Ch/CEO of the RIAA), Shawn Fanning (Snocap), Jim Griffin (Cherry Lane Digital), Joe Henry (songwriter and producer), Andrew Moss (Microsoft), and Gary Shapiro (P/CEO of the Consumer Electronics Association). At 12:45 PM, there will be a panel titled "License to Cover: Section 115". The speakers will include David Jones (Counsel to the Senate Judiciary Committee's Subcommittee on Intellectual Property). Location: Lisner Auditorium, 730 21st St., NW, George Washington University, and other sites at or near GWU.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the notice of proposed rulemaking (NPRM) portion of its order and NPRM regarding the extension of 911/E911 regulation to interconnected voice over internet protocol (VOIP) service providers. The FCC adopted, but did not release, this order and NPRM on May 19, 2005. The FCC released the text [90 pages in PDF] of this order and NPRM on June 3, 2005. See, story titled "FCC Releases VOIP E911 Order" in TLJ Daily E-Mail Alert No. 1,148, June 6, 2005, and story titled "FCC Sets Deadlines for Comments on VOIP NPRM" in TLJ Daily E-Mail Alert No. 1,167, July 5, 2005. See, FCC notice (DA 05-1905) [3 pages in PDF].

EXTENDED TO SEPTEMBER 22. Deadline to submit reply comments to the Copyright Office regarding its first report to the Congress required by the Satellite Home Viewer Extension and Reauthorization Act of 2004. See, original notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39343 - 39345. See also, notice extending deadlines in the Federal Register, August 15, 2005, Vol. 70, No. 156, at Page 47857.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its draft [52 pages in PDF] Special Publication 800-18, Revision 1, titled "Guide for Developing Security Plans for Federal Information Systems".

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, August 23, 2005, Vol. 70, No. 162, at Page 49257. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

8:30 AM - 5:00 PM. The National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology will meet. Some of the meeting will be closed to the public. See, notice in the Federal Register, August 23, 2005, Vol. 70, No. 162, at Pages 49256-49257. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM. The Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee will hold a meeting, part of which will be closed to the public. The agenda includes "Update on Encryption controls" and "Update on proposed rule on deemed export related regulatory requirements". See, notice in the Federal Register, September 6, 2005, Vol. 70, No. 171, at Pages 52982 - 52983. Location: Department of Commerce, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Location: Room 216, Hart Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in ICO Global Communications v. FCC, No. 04-1248. Judges Randolph, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

RESCHEDULED FOR SEPTEMBER 22. 10:00 AM. The Senate Banking Committee will hold a hearing on "the financial services industry's responsibilities and role in preventing identity theft and protecting sensitive financial information". See, notice. Location: Room 538, Dirksen Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate a Copyright Infringement Case". The speaker will be Kenneth Kaufman (Skadden Arps). The price to attend ranges from $80-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Day three of a three day conference hosted by the Future of Music Coalition (FMC) titled "Future of Music Policy Summit".At 9:15 AM, there will be a panel titled "IP in a Post Grokster World". The speakers will be Chris Amenita (ASCAP Enterprises Group), Preeta Bansal (Skadden Arps), Mia Garlick (Creative Commons), Cary Sherman (President of the RIAA), Siva Vaidhyanathan (NYU), Don Verrilli (Jenner & Block), and Fred von Lohmann (EFF). At 12:00 NOON, Sen. Maria Cantwell (D-WA) is scheduled to speak. At 12:45 PM, there will be a panel titled "Ethics of Innovation". It will address "how do attorneys counsel clients who have a business model or technology that could be used to infringe copyrights?" The speakers will be Jim Burger (Dow Lohnes), Jonathan Band (attorney), Chris Castle (Snocap), and Marty Lafferty (Distributed Computing Industry Association). See, conference web site. Location: Lisner Auditorium, 730 21st St., NW, George Washington University, and other sites at or near GWU.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rule Making (NPRM), adopted on December 20, 2004, regarding whether to defer or eliminate the requirement in the rules that certain applications for equipment authorization received on or after January 1, 2005, specify 6.24 kHz capability. This item is FCC 04-292 in WT Docket No. 99-87 and RM-9332; See, notice in the Federal Register, June 15, 2005, Vol. 70, No. 114, at Pages 34726 - 34729.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] requesting comments on Continental Airlines' Petition for a Declaratory Ruling regarding the state Massachusetts' attempt to regulate Wi-Fi hotspots. Continental has installed a Wi-Fi hotspot for internet access and telecommunications at its frequent flyer lounge at Boston Logan Airport (Logan). An issue is whether the demands of the Massachusetts Port Authority for removal of the antenna are prohibited under the FCC's Over the Air Reception Devices (OTARD) rules. This public notice is DA 05-2213 in ET Docket No. 05-247.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, August 23, 2005, Vol. 70, No. 162, at Page 49257. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

9:30 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Location: Room 216, Hart Building.

RESCHEDULED FOR SEPTEMBER 21? 9:30 AM. The Senate Judiciary Committee may hold a hearing titled "Able Danger and Intelligence Information Sharing". This involves data mining. 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 U.S. Court of Appeals (DCCir) will hear oral argument in SBC Internet Service v. Recording Industry Association of America, No. 04-5325. This is an appeal from the U.S. District Court for the District of Columbia regarding DMCA subpoenas provided for by 17 U.S.C. § 512(h). See, SBC's brief [PDF]. Judges Sentelle, Randolph and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

11:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference will meet. See, FCC notice [PDF] and notice in the Federal Register, August 10, 2005, Vol. 70, No. 153, at Pages 46524. Location: FCC, Commission Meeting Room (TW-C305), 445 12th Street, SW.

TIME? The U.S. Trade Representative (USTR) will hold a public hearing on the People's Republic of China's compliance with its World Trade Organization (WTO) commitments to assist it in preparing an annual report to the Congress. See, notice in the Federal Register, August 3, 2005, Vol. 70, No. 148, at Pages 44714 - 44715. Location: Room 1, 1724 F Street, NW.

The Federal Communications Commission (FCC) will hold its Low Power Television Auction, Auction No. 81. See, Public Notice [PDF] numbered DA 05-1624, and dated June 9, 2005.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its green paper describing and evaluating four options to reform restriction practice. See, notice of extension in the Federal Register, August 5, 2005, Vol. 70, No. 150, at Page 45370.

8:30 AM - 12:00 NOON. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, August 23, 2005, Vol. 70, No. 162, at Page 49257. Location: Doubletree Hotel and Executive Meeting Center, 1750 Rockville Pike, Rockville, MD.

9:00 AM - 3:00 PM. The Chamber of Commerce will host an event titled "No More Excuses: Business and Health Information Technology". The speakers will include for Rep. Newt Gingrich (R-GA) and Rep. Patrick Kennedy (D-RI). See, notice. The price to attend range from free to $145. Location: undisclosed.

9:00 AM. The National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will meet. This meeting is closed to the public. See, notice in the August 23, 2005, Vol. 70, No. 162, at Pages 49257 - 49258. Location: NIST, Administration Building, Lecture Room D, Gaithersburg, MD.

9:30 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Location: Room 216, Hart Building.

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

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Cybersecurity: How Can the Government Help Address Vulnerabilities in Critical Industries?" The witnesses will be Donald "Andy" Purdy (Acting Director of the Department of Homeland Security's National Cyber Security Division), David Kepler (Dow Chemical), John Leggate (BP), and Gerald Freese (American Electric Power). The hearing will be webcast by the HSC. Press contacts: Elizabeth Grossman (Republicans) at 202 225-7858 and Jim Wilson (Democrats) at 202 225-6375. Location: Room 2318 Rayburn Building.

10:00 AM. The House Judiciary Committee's Subcommittee on Immigration, Border Security, and Claims will hold a partially closed hearing titled "Sources and Methods of Foreign Nationals Engaged in Economic and Military Espionage". Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing on numerous pending nominations, including those of David McCormick (to be Under Secretary of Commerce for Export Administration), Darryl Jackson (to be Assistant Secretary of Commerce), and Franklin Lavin (to be Under Secretary of Commerce for International Trade). See, notice. See also, story titled "Bush Nominates McCormick and Jackson for Export Control Office" in TLJ Daily E-Mail Alert No. 1,165, June 30, 2005. Location: Room 538, Dirksen Building.

10:30 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nominations of Stewart Baker and Julie Myers to be an Assistant Secretaries of Homeland Security. See, notice. See also, story titled "Bush Picks Stewart Baker for DHS Policy Position" in TLJ Daily E-Mail Alert No. 1,174, July 14, 2005. Location: Room 342, Dirksen Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a brown bag lunch titled "50 Hot Technology Tips And Web Sites: What Lawyers Should Know". The price to attend ranges from $15-$25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

9:30 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. Location: Room 216, Hart Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Kidd Communications v. FCC, No. 04-1274. Judges Garland, Silberman and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 12:45 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Supreme Court Review and Preview 2005". The speakers will be Judge Richard Roberts (U.S. District Court for the District of Columbia), Beth Brinkmann (Morrison & Foerster), Michael Dreeben (Office of the Solicitor General), and Thomas Goldstein (Goldstein Howe). The price to attend ranges from $80-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline to submit comments to the Office of Federal Financial Management (OFFM) in the Office of Management and Budget (OMB) regarding the use of multiple principal investigators (PIs) on awards made under federal research and research related programs. See, notice in the Federal Register, July 18, 2005, Vol. 70, No. 136, at Page 41220 - 41222.

Deadline to submit reply comments to the Interim Chief Copyright Royalty Judge in response to the request for further comments regarding rules for the delivery and format of records of use of sound recordings for statutory licenses under 17 U.S.C. § 112 and 17 U.S.C. § 114. The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board, issued the notice of proposed rulemaking (NPRM) on April 27, 2005. The Board has received comments, which reflected sharp divisions among the parties. It now poses further questions. See, notice in the Federal Register, Vol. 70, No. 143, at Pages 43364 - 43368.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the Public Notice [27 pages in PDF] of August 17, 2005, regarding four proposals (which are attached to the Public Notice) submitted to the FCC by members and staff of the FCC's Federal-State Joint Board on Universal Service regarding universal service subsidies for rural carriers. One of these proposals also proposes expanding the services that are taxed to support universal service subsidies. (See, Public Notice, at page 18.)