9/13. The U.S. Court of Appeals (2ndCir) issued its opinion [12 pages in PDF] in European Community v. RJR Nabisco, holding that foreign governments cannot bring civil suits in US Courts against tobacco companies under the Racketeer Influenced and Corrupt Organizations Act (RICO) to recover lost tax revenues and law enforcement costs due to alleged smuggling. This is a technology related opinion that will benefit international e-commerce.

While this case involves smuggling of cigarettes and the RICO, and the related case of Pasquantino v. United States, which the Supreme Court decided in April, involved alcohol smuggling and the wire fraud statute, both of these cases have ramifications for companies that do business internationally, especially in e-commerce.

Governments may have special policy rationales for regulating, and taxing, alcohol and cigarettes. However, nothing in these opinions limit their reach to alcohol and cigarettes. These opinions affect all tax collection efforts.

Both the present case and Pasquantino arise out of efforts by foreign governments to collect taxes on goods made in the US and sold in their countries. David and Carl Pasquantino bought alcohol legally in the state of Maryland, and paid all US taxes. They had a third person to smuggle it into Canada in car trunks, and sell it in Canada, without paying the required excise taxes, in violation of Canadian law. The venture made business sense because Canadian taxes on alcohol are much higher than those in the US.

The US revenue rule prevents US prosecutors from prosecuting for violation of foreign tax laws. Moreover, US prosecutors could not prosecute for violation of US tax laws, because none were violated. The US instead prosecuted the Pasquantinos with violation of wire fraud statute, which is codified at 18 U.S.C. § 1343.

That statute provides that "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both."

The Pasquantinos had made phone calls. The US charged that these some of their phone calls were made in furtherance of a scheme to defraud the Canadian government.

A trial jury of the U.S. District Court (DMd) returned verdicts of guilty, and the District Court entered judgment against the defendants. A divided three judge panel of the U.S. Court of Appeals (4thCir) reversed in an opinion reported at 305 F.3d 291. However, an en banc panel of the Court of Appeals then affirmed the convictions in an opinion released on July 18, 2003, and reported at 336 F.3d 321.

The Supreme Court affirmed the convictions in a 5-4 opinion [38 pages in PDF] issued on April 26, 2005. It held that the US may prosecute under the wire fraud statute for communications made in connection with efforts to violate the tax laws of other nations, without running afoul of the revenue rule. It reasoned that the US was not collecting tax revenues. It was prosecuting for violation of the wire fraud statute. The case is Sup. Ct. No. 03-725. The opinion is reported at 125 S. Ct. 1766

In the present case, the European Community, and some individual nations, filed a civil complaint in U.S. District Court against RJR Nabisco and other tobacco companies alleging violation of the RICO statute, which is codified at 18 U.S.C. §§ 1961-1968. (The District Court heard this, and two related cases, together.) That is, this is a RICO suit to collect taxes brought by the foreign nations themselves. The Supreme Court vacated an earlier opinion of the 2nd Circuit, and remanded. However, it wrote in its Pasquantino opinion that it declined to address the RICO issue. It instructed to 2nd Circuit to reconsider in light of the Pasquantino opinion.

In the present opinion, the 2nd Circuit considered the Supreme Court's opinion in Pasquantino, and reaffirmed its earlier decision (reported at 355 F.3d at 128). It held that notwithstanding Pasquantino, foreign governments cannot use the RICO to collect unpaid foreign taxes. It held that the revenue rule prevents it.

The Court reasoned that "the revenue rule is designed to address two concerns: first, that policy complications and embarassment may follow when one nation’s courts analyze the validity of another nation’s tax laws; and second, that the executive branch, not the judicial branch, should decide when our nation will aid others in enforcing their tax laws." It continued that in Pasquantino the Supreme Court "found that concerns about sovereignty and separation of powers were not implicated where the United States government brings a criminal prosecution."

"The present civil lawsuit, on the other hand, is brought by foreign governments, not by the United States. Moreover, the executive branch has given us no signal that it consents to this litigation", the Court of Appeals wrote. "In short, the factors that led the Pasquantino Court to hold the revenue rule inapplicable to § 1343 smuggling prosecutions are missing here."

The Court of Appeals, quoting an earlier opinion, concluded that "Here, the substance of the claim is that the defendants violated foreign tax laws. ``When a foreign nation appears as a plaintiff in our courts seeking enforcement of its revenue laws, the judiciary risks being drawn into issues and disputes of foreign relations policy that are assigned to -- and better handled by -- the political branches of government.´´"

"In Pasquantino, this concern was alleviated by the direct participation of the political branches in the litigation. ... Here we have no such assurance. We therefore see no reason why Pasquantino’s analysis should disturb our conclusion that the revenue rule bars civil RICO suits by foreign governments against smugglers." (Citation and footnote omitted.)

It may also be noteworthy that the European Community was able to bring this action, in part, because the US Congress, in enacting the USA PATRIOT Act in 2001, added certain smuggling or export control violations to the list of RICO predicate acts under 18 U.S.C. § 1956(c)(7).

The present case and Pasquantino are significant because they concern not just alcohol and cigarettes, but the law regarding collection efforts, in the US, by foreign tax collectors, of any kind of tax. These cases affect any businesses that have some connection to other countries, and might be sued in the US. These cases are of particular importance to e-commerce businesses, in part, because such entities may have some connection to countries all over the world.

An e-commerce company may be incorporated in one country, have its headquarters in another, production facilities in many countries, and call centers in still others. It may sell to buyers all over the world. In the case of online sales of software, it may known were all of its buyers are. The servers and communications facilities used in transactions may involve even more countries. Thus, even a small enterprise may find that there are a potential multitude of countries that may claim that taxes are owing to it.

Tax laws tend to be immensely complicated, even when applied only intranationally. Companies have difficulty understanding their own nation's laws. Moreover, tax collectors have political incentives to impose taxes on foreign entities, rather than their own subjects, and sometimes seek to collect abusive taxes from entities with only tenuous connections to the taxing jurisdiction.

Until recently the rule was clear. The US will not collect taxes for foreign governments or enforce foreign tax laws. It is their own responsibility. Pasquantino created a significant exception, and consequential uncertainty. While the US did not technically collect taxes for Canada, the threat of a criminal prosecution, at the behest of a foreign tax collector, if taxes are not paid, has many attributes of a collection action. Although, five members of the Supreme Court opined otherwise.

Pasquantino has a limiting attribute. It concerns prosecutions for violation of the wire fraud statute. Foreign governments cannot bring such actions. Thus, under Pasquantino, foreign tax collectors must win the cooperation of US prosecutors.

In the present case, the foreign governments sought to collect the taxes themselves, without assistance of US prosecutors, by pleading the RICO statute.

Moreover, if foreign governments were allowed to use US RICO suits to collect claimed taxes, the US District Courts could become the court of choice for forum shopping tax collectors from around the world. It should be observed that in one of the three cases heard along with the RJR Nabisco case the lead defendant is Japan Tobacco, Inc. Thus, European nations are attempting to use US courts to collect taxes from a Japanese company.

E-commerce companies, as well as many other business sectors, should take some comfort in the just released opinion.

Justice Thomas wrote the opinion of the Supreme Court in Pasquantino. Justices Rehnquist, O'Connor, Stevens and Kennedy joined. Justices Ginsburg, Breyer, Scalia and Souter dissented. The breakdown may be notable. Should the present case be heard by the Supreme Court, two of the five members of the Pasquantino majority will not be present -- Rehnquist and O'Connor.

The present case is European Community, et al. v. RJR Nabisco, et al., and consolidated cases, U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 02-7325 (L), 02-7330 (CON), and 02-7323, appeals from the U.S. District Court. Judge Sotomayor wrote the opinion of the Court of Appeals, in which Judges Oakes and Calebresi joined.

9/13. The Government Accountability Office (GAO) released a report [59 pages in PDF] titled "Defense Logistics: Better Strategic Planning Can Help Ensure DOD's Successful Implementation of Passive Radio Frequency Identification".

The report pertains to the Department of Defense's (DOD) use of passive radio frequency identification (RFID) technology to track and manage inventory. While the DOD has been using active RFID technology for over a decade, it has only just recently begun to use passive RFID technology. The report addresses the status of RFID technology implementation, the DOD's strategic approach for implementation, and challenges that the DOD faces in implementation.

The report finds that "While DOD has taken a number of actions to guide and direct the implementation of passive RFID, it has not yet developed a comprehensive strategic management approach that incorporates sound management principles and could ensure that passive RFID is efficiently and effectively implemented. Existing passive RFID implementation policy and operational guidance for both DOD and its military components lack or only partially incorporate several key management principles, such as those used by leading organizations and embodied in the Government Performance and Results Act of 1993 (GPRA), that are needed to effectively guide, monitor, and assess implementation."

It adds that "Among the key management principles that are missing or are only partially present are (1) general and long-term goals and objectives, (2) a description of specific actions to support goals and objectives, (3) performance measures to evaluate specific actions, (4) schedules and milestones for meeting deadlines, (5) identification of total resources needed and annual cost estimates for passive RFID implementation into the supply chain, and (6) evaluation of the overall program with specific processes to allow for adjustments and changes."

9/13. President Bush announced his intent to name Karan Bhatia to be Deputy U.S. Trade Representative. He is currently Assistant Secretary for Aviation and International Affairs at the Department of Transportation. Before that he worked the Department of Commerce (DOC), first as Chief Counsel for the Bureau of Industry and Security (BIS), which was previously known as the Bureau of Export Administration (BXA), and then as Deputy Under Secretary of Commerce for Industry and Security. The mission of the Office of the USTR is to promote trade and economic development. The mission of the BIS/BXA is the opposite, to restrict trade. He was previously a partner at the law firm of Wilmer Cutler & Pickering. See, White House release. USTR Robert Portman stated in a release that "Karan Bhatia will bring to USTR a rich background in the government, the private sector and academia. His proven skill in negotiating agreements around the world will be crucial in advancing the President's trade agenda to help open foreign markets to U.S. exports and level the playing field. Bhatia also has extensive legal experience which will be invaluable in his new position."

9/13. President Bush announced his intent to nominate several people, including Linnet Deily, to be members of the J. William Fulbright Foreign Scholarship Board for the remainder of three year terms expiring on September 22, 2008. Deily was until recently a Deputy U.S. Trade Representative (USTR). Before that, she worked for the Charles Schwab Corporation. And before that, she was P/Ch/CEO of First Interstate Bank of Texas. See, White House release.

9/13. President Bush nominated Gregory Van Tatenhove to be a Judge of the U.S. District Court for the Eastern District of Kentucky. See, White House release.

9/13. Stephen Pinkos, Deputy Under Secretary of Commerce for Intellectual Property, gave a speech at the Gattis Elementary School in Round Rock, Texas, in which he urged students not to illegally copy copyrighted music, movies, software and computer games. See, USPTO release.

9/13. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) updated its Denied Persons List.

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The House will meet at 10:00 AM for legislative business. The agenda includes no technology related items. See, Republican Whip Notice.

The Senate will meet at 9:30 AM for morning business. It will then resume consideration of HR 2862, the Commerce, Justice, Science Appropriations bill.

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.

TIME CHANGE. 9:00 AM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. The agenda provides for a second round of questioning by Committee members, with each member allowed 20 minutes. 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.

11:15 AM. The U.S. District Court (DC) will hold an initial conference in ITC Deltacom Communications v. AT&T (No. 1:2005-cv-01360-ESH), Granite Telecommunications v. AT&T (No. 1:2005-cv-01416-ESH), and RCN Telecom Services v. AT&T (No. 1:2005-cv-01432-ESH). Location: Prettyman Courthouse, Courtroom 18, 333 Constitution Ave., NW.

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.

The House will meet at 10:00 AM for legislative business. The agenda includes no technology related items. See, Republican Whip Notice.

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.

8:30 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: US Chamber, 1615 H Street, NW.

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.

9:00 AM - 1:00 PM. The High Tech DTV Coalition will host a demonstration of digital to analog converter boxes. The participating companies will be Zoran, Motorola, Thomson-RCA, Alcatel, Aloha Partners, AT&T, Cisco Systems, Dell, IBM, Intel, Microsoft, Qualcomm, Texas Instruments, and T-Mobile. For more information, contact Mary Greczyn at 202 371-2997 or John Alden at 202 371-6793. Location: Room 2322, Rayburn Building, Capitol Hill.

9:30 AM - 5:30 PM. The Senate Judiciary Committee will continue its hearing on the nomination of Judge John Roberts to be Chief Justice of the United States. The agenda provides for hearing all six of the panels outside witnesses in one day. If the Committee follows its agenda, then the fifth panel, which includes technology law professors Christopher Yoo and Patricia Bellia, would begin at about 3:00 PM. See, witness list, and story titled "Tech Lawyers Scheduled to Testify at Roberts Confirmation Hearing" in TLJ Daily E-Mail Alert No. 1,206, September 2, 2005. 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. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "The Amendment in the Nature of a Substitute to H.R. 2795, the `Patent Act of 2005´". See, HR 2795. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

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.

10:00 AM. The House Homeland Security Committee's Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment will host an event titled "Open Source Intelligence Technology and Policy Fair". Location: Rayburn Foyer.

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.

12:30 - 2:00 PM. The Forum on Technology and Innovation will host a luncheon briefing titled "Basic Research -- The Foundation of the Innovation Economy". See, notice. Location: Room 902, Hart Building, Capitol Hill.

POSTPONED. 1:30 PM. The House International Relations Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Broadcasting Board of Governors and the Middle East Broadcasting Network". See, notice. Location: Room 2172, Rayburn Building.

1:00 PM. 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". The hearing will be closed from 1:00 - 1:30 PM. The remainder will be open to the public. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:00 - 5:00 PM. The Department of State (DOS) will host a meeting to hear public comment on the possible expansion of the mandate of the International Mobile Satellite Organization (IMSO) to include new oversight and regulatory responsibilities. See, notice in the Federal Register, September 7, 2005, Vol. 70, No. 172, at Page 53267. See also, the DOS's IMSO web page. Location: DOS, 2201 C St. NW.

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

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.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Protecting Property Rights After Kelo". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal at 202 225-5735. Location: Room 2123, Rayburn Building.

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.)

No events listed.

9:00 AM. The President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda includes an update on nanotechnology. See, notice in the Federal Register, September 6, 2005, Vol. 70, No. 171, at Pages 53029 - 53030. Location: Room 100, National Academies Keck Center, 500 5th St., NW.

9:30 AM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, notice in the Federal Register, August 31, 2005, Vol. 70, No. 168, at Page 51814. Location: FCC, 445 12th St., SW., Room TW-305.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Ten Ways to Protect Intellectual Property When Drafting E-Commerce Agreements". The speaker will be Walter Effross (American University law school). 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.

RESCHEDULED FROM SEPTEMBER 14? 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.

10:00 AM - 1:00 PM. The Federal Communications Commission's (FCC) Network Reliability and Interoperability Council (NRIC) will meet. See, notice in the Federal Register, August 31, 2005, Vol. 70, No. 168, at Page 51814. Location: FCC, 445 12th St., SW., Room TW-305.

10:30 AM - 1:30 PM. The Progress and Freedom Foundation (PFF) will host an event titled "Net Neutrality or Net Neutering in a Post- Brand X World: Self-Regulation, Policy Principles, and Legal Mandates in the Broadband Marketplace". The speakers will include Tom Tauke (Verizon), Randolph May (PFF), Peter Pitsch (Intel), Dan Brenner (National Cable and Telecommunications Association), Gigi Sohn (Public Knowledge), David McClure (U.S. Internet Industry Association), and Adam Thierer (PFF). Lunch will be served. See, notice and registration pages. Location: Capital Hilton, 1001 16th Street, NW.

12:00 NOON -1:30 PM. The Federal Communications Bar Association's (FCBA) International Practice Committee will host a brown bag lunch. The topic will be Mobile Satellite Services/Ancillary Terrestial Component (MSS/ATC). The speakers will be Anna Gomez (Deputy Chief of the FCC's International Bureau), Howard Griboff (FCC International Bureau), Jennifer Manner (VP Regulatory Affairs of Mobile Satellite Ventures), and Tim Farrar (Telecom, Media and Finance Associates, Inc.). No RSVP requested. Location: Hogan & Hartson, 555 13th St., NW, 13th Floor.

12:00 NOON - 1:15 PM. The DC Bar Association will host a seminar titled "Current Topics in Patent Law: Interference Practice and Patent Reform". The speaker will be Charles Gholz (Oblon Spivak McClelland Maier & Neustadt). The price to attend ranges from $10-$30. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

6:30 - 8:30 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Happy Hour". Location: 14K Restaurant at the Hamilton Crowne Plaza Hotel, 14th and K Streets, NW.

EXTENDED FROM AUGUST 22. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to it notice of proposed rulemaking (NPRM) regarding low power FM rules. The FCC adopted its order and NPRM on March 16, 2005, and released it on March 17, 2005. It is FCC 05-75 in MM Docket No. 99-25. See, original notice in the Federal Register, July 7, 2005, Vol. 70, No. 129, at Pages 39217 - 39227. See also, FCC notice [PDF] extending the deadlines.