11/2. The Senate Commerce Committee (SCC) amended and approved S 1063, the "IP-Enabled Voice Communications and Public Safety Act of 2005".

The SCC approved an amendment in the nature of a substitute by unanimous consent. The SCC approved three amendments. It then approved the bill as amended by unanimous consent. See, bill as reported.

This bill builds on the Federal Communications Commission's (FCC) May 2005 order that extends 911/E911 regulation to interconnected voice over internet protocol (VOIP) service providers. The bill would provide statutory authority for this regulation. The FCC's order asserted Title I authority. The bill would also require the FCC to conduct another rulemaking proceeding to modify its rules.

The FCC adopted its 911 VOIP order on May 19, 2005, and released it on June 3, 2005. See story titled "FCC Releases VOIP E911 Order" in TLJ Daily E-Mail Alert No. 1,148, June 6, 2005. See also, stories titled "FCC Adopts Order Expanding E911 Regulation to Include Some VOIP Service Providers", "Summary of the FCC's 911 VOIP Order", "Opponents of FCC 911 VOIP Order State that the FCC Exceeded Its Statutory Authority", and "More Reaction to the FCC's 911 VOIP Order", in TLJ Daily E-Mail Alert No. 1,139, May 20, 2005.

This order is FCC 05-116 in the FCC's proceedings titled "In the Matter of IP-Enabled Services" and numbered WC Docket No. 04-36, and titled "E911 Requirements for IP-Enabled Service Providers" and numbered WC Docket No. 05-196.

The rules contained in the FCC order provide that "Interconnected VoIP service providers must, as a condition of providing service to a consumer, provide that consumer with E911 service ..." These rules also require that "Interconnected VoIP service providers must transmit all 911 calls, as well as ANI and the caller’s Registered Location for each call, to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller’s Registered Location and that has been designated for telecommunications carriers pursuant to section 64.3001 of this chapter, provided that ``all 911 calls´´ is defined as ``any voice communication initiated by an interconnected VoIP user dialing 911´´." (ANI is Automatic Number Identification. PSAP is Public Safety Answering Point.)

The FCC's order addresses interconnected VOIP providers. S 1063 addresses "IP-enabled voice service". The bill defines this term as "the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with 2-way interconnection capability such that the service can originate traffic to, and terminate traffic from, the public switched telephone network." This excludes free services, private services, and services that have only one way interconnection with the PSTN.

The FCC's order did not provide that interconnected VOIP service providers shall have access to 911 components. The bill, as reported, does. It states that "Within 90 days after the date of enactment of this Act, the Commission shall issue regulations regarding access by IP-enabled voice service providers to 911 components that permit any IP-enabled voice service provider to elect to be treated as a commercial mobile service provider for the purpose of access to any 911 component, except that the regulations issued under this subsection may take into account any technical or network security issues that are specific to IP-enabled voice services."

The bill, as reported, temporarily limits the ability of the FCC to order service providers to shut off service to customers.

It provides that "(1) ... A provider of IP-enabled voice service may continue to provide service to each subscriber who subscribed to that service as of December 31, 2005, to whom notice has been given in accordance with the requirements of the Commission’s Report and Order in WC Docket Nos. 04–36 and 05–196 if (A) the provider has received an acknowledgement in writing or by electronic means by the subscriber of receipt of the notice; or (B) the provider continues to give clear and conspicuous notice of the unavailability of 911 or E–911 service, or either service, in billing statements or their equivalent sent to the subscriber."

It then provides that the FCC "may not require a provider of IP-enabled voice service to terminate service to a subscriber described in paragraph (1) as long as the provider is in compliance with the requirements of that paragraph and the regulations prescribed under this subsection."

But, for customers who sign up after December 31, 2005, the FCC may order the shut off of service pursuant to its existing order and extensions.

The bill, as reported, gives the FCC authority to delegate regulatory authority to states.

It also provides that "Nothing in this Act, the Communications Act of 1934, or any Commission regulation or order shall prevent" state and local government from taxing VOIP service providers, when tax revenues are "obligated or expended in support of 911 and E–911 services, or enhancements of such services, or other emergency communications services".

The bill, as reported, provides for FCC waivers of 911 and E–911 requirements where the "the provider demonstrates that it is not technically or operationally feasible for its IP-enabled voice service to comply with those 911 and E–911 requirements", and where the subscribers have been given notice, and acknowledged that notice.

The FCC's rules did not extend any kind of immunity to interconnected VOIP providers. The bill, as reported, extends certain immunities to VOIP providers, PSAPs, and others.

For example, Section 4 of the Wireless Communications and Public Safety Act of 1999 enumerates several grants of protection from liability for various entities, including communications carriers. Section 4 is codified at 47 U.S.C. § 615a. The 1999 Act is Public Law No. 106-81. Various provisions of the Act are now codified in various sections of the U.S. Code, including 47 U.S.C. § 222, 47 U.S.C. §251(e), 47 U.S.C. § 615, and 47 U.S.C. § 615a. This Act was S 800, sponsored by Sen. Conrad Burns (R-MT).

The bill, as reported, provides that "A provider or user of IP-enabled voice services, a PSAP, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or PSAP, shall have the same scope and extent of immunity and other protection from liability under Federal and State law with respect to---
   (1) the release of subscriber information related to emergency calls or emergency services,
   (2) the use or provision of 911 and E–911 services, and
   (3) other matters related to 911 and E–911 services, as section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) provides to wireless carriers, PSAPs, and users of wireless 9–1–1 service (as defined in paragraphs (4), (3), and (6), respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect to such release, use, and other matters."

Finally, the bill, as reported, contains a technology neutrality requirement. It provides that "Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard." This language was in an amendment offered by Sen. John Sununu (R-NH) (at right) which was approved on a role call vote of 13-9.

Sen. Bill Nelson (D-FL) introduced S 1063 on May 18, 2005. There is a related bill in the House, HR 2418, which bears the same title. Rep. Bart Gordon (D-TN) introduced this bill on June 3, 2005. It has 32 cosponsors, most of whom are Democrats.

See also, opening statement by Sen. Ted Stevens (R-AK), the Chairman of the SCC, and SCC release.

11/3. The Federal Election Commission (FEC) announced, following the House rejection of HR 1606, the "Online Freedom of Speech Act", that the FEC is "committed to completing action on all of the affected regulations by the end of February". See, FEC release.

The FEC is engaged in the process of drafting rules implementing the Federal Election Campaign Act (FECA), as amended by the 2002 McCain Feingold act. The FEC previously adopted rules that provided that "The term public communication shall not include communications over the Internet." The FEC thus exempted the political expression of bloggers and other internet speakers from being prohibited or regulated by the FEC.

The sponsors of the 2002 act challenged this rule in court. The U.S. District Court (DC) overturned this rule on the grounds that it was inconsistent with the statute. HR 1606 would have amended the FECA to provide that a "public communication" "shall not include communications over the Internet". Now, the FEC must write rules that regulate and inhibit online speech.

See also, stories titled "House Rejects Online Freedom of Speech Act" and "Commentary: Analysis of the Vote on HR 1606" in TLJ Daily E-Mail Alert No. 1,246, November 3, 2005.

The FEC did not announce an effective date for these regulations. Unless the FEC were to set an effective date beyond Tuesday, November 7, 2006, then its rules would affect political speech related to the 2006 Congressional elections.

11/2. Amazon announced two programs, named Amazon Pages and Amazon Upgrade. Amazon stated in a release that its Pages program will allow consumers to "purchase and read online just the pages they need" out of books.

The Upgrade program will allow consumers who have purchased from Amazon a physical book, to then upgrade their purchase to include complete online access.

Amazon added that it is working in "collaboration with our publishing partners". In contrast, Google's Library program, which involves scanning of library books, does not involve permission from authors, publishers, or other copyright holders.

Amazon stated thate its existing Search Inside the Book program, includes "hundreds of thousands of books".

See also, story titled "Google, Publishers and Authors Debate Google's Print for Libraries Program" in TLJ Daily E-Mail Alert No. 1,239, October 25, 2005.

11/3. The Federal Communications Commission (FCC) adopted, but did not release, a Second Report and Order regarding requirements for new television receivers to include the capability to receive digital television signals. The FCC released only a short release [1 page in PDF] describing this item.

The FCC releaset states that the R&O provides that "Beginning March 1, 2006, DTV tuners will be required in all mid-size sets as well. With the change adopted in this Second Report and Order, the final step in the phase-in plan will now require that all new TV sets in all size ranges and other TV receivers include a DTV tuner beginning March 1, 2007. (Previously, the deadline for small sets (13”- 24”) and for other TV receivers was July 1, 2007). The Commission also extended the DTV tuner requirement to new TV receivers screen sizes less than 13” on the same schedule as other TV receivers. (Previously, the tuner requirement did not apply to very small sets (smaller than 13”)." (Parentheses in original.)

On June 9, 2005, the FCC adopted and released a Report and Order and Further Notice of Proposed Rule Making [25 pages in PDF]. The FNPRM portion proposed to advance the date for receivers with screen sizes of 13-25 inches, and other devices that receive television signals, including VCRs and DVD players and recorders, from July 1, 2007 to December 31, 2006. The FNPRM also sought comment on whether the requirement to include a DTV tuner in new receivers should be extended to receivers with screen sizes less than 13 inches. See, story titled "FCC Adopts Order and NPRM Regarding Its Digital Tuner Rules" in TLJ Daily E-Mail Alert No. 1,153, June 14, 2005. This R&O and FNPRM is FCC 05-121 in ET Docket No. 05-24.

The just adopted item is FCC 05-190 in ET Docket No. 05-24.

11/4. The Federal Communications Commission (FCC) adopted and released an item [32 pages in PDF] titled "Clarification Order and Notice of Proposed Rulemaking" pertaining to the distributed transmission systems (DTS) by digital television stations. This initiates a new proceeding titled "In the Matter of Digital Television Distributed Transmission System Technologies". This item is FCC 05-192 in MB Docket No. 05-312. See also, FCC release [2 pages in PDF] describing this item. The FCC has not yet set deadlines for submitting comments.

11/4. The Federal Communications Commission (FCC) released a report [18 pages in PDF] titled "Report on Information Consumer Inquiries and Complaints: 3rd Quarter Calendar Year 2005".

11/3. The Federal Communications Commission (FCC) adopted and released a Report and Order [65 pages in PDF] in its proceeding titled "In the Matter of Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004 Implementation of Section 340 of the Communications Act". This R&O adopts rules pertaining to satellite carriage of significantly viewed television stations pursuant to the SHVERA. This item is FCC 05-187 in MB Docket No. 05-49.

10/28. The U.S. Court of Appeals (DCCir) issued its opinion [13 pages in PDF] in ICO Global v. FCC, affirming Federal Communications Commission (FCC) orders that Constellation Communications Holdings, Inc., and Mobile Communications Holdings, Inc. did not satisfy the first of several milestone requirements on which their 2 GHz band mobile satellite services licenses had been conditioned. This case is ICO Global Communications (Holdings) Limited, Constellation Communications Holdings, Inc., and Mobile Communications Holdings, Inc. v. FCC, U.S. Court of Appeals for the District of Columbia, App. Ct. No. 04-1248, an appeal from final orders of the FCC.

10/27. Walter Ricciardi and Peter Bresnan were named Deputy Directors of the Securities and Exchange Commission's (SEC) Division of Enforcement. Linda Thomsen remains the Director of the SEC's Division of Enforcement. See, SEC release.

11/4. The Securities and Exchange Commission (SEC) announced that Deputy Chief Accountant Andrew Bailey will leave the SEC in December 2005. See, SEC release.

11/1. The Securities and Exchange Commission (SEC) announced that David Smith, Associate Director (Public Utility and Investment Company Regulation) of the Division of Investment Management at the SEC will leave the SEC in November. He will work for the Mutual Fund Directors Forum. See, SEC release.

11/3. President Bush named Matthew Scott Robinson to be Special Assistant to the President for Speechwriting. He previously worked in the Department of Justice's Office of Legal Policy (OLP). See, White House release.

11/3. President Bush named Rudy Fernandez to be Special Assistant to the President for Intergovernmental Affairs. He previously was Deputy Assistant Secretary for Governmental Affairs at the Department of Transportation. See, White House release.

11/3. President Bush named Stephen McMillin to be Deputy Assistant to the President and Advisor to the Chief of Staff. See, White House release.

11/3. The Securities and Exchange Commission (SEC) published a guide titled "Online Brokerage Accounts: What You Can Do to Safeguard Your Money and Your Personal Information".

10/25. Lori Richards, Director of the Securities and Exchange Commission's (SEC) Office of Compliance Inspections and Examinations gave a speech in Washington DC in which she discussed, among other topics, the use of information technology at the SEC. She stated that "we've been working internally to develop better technological systems to enhance our ability to share workpapers amongst the staff. When those new systems go into production, hopefully next year, we should be much better able to use records collected in one examination in other, subsequent examinations, thus further reducing any burden or inconvenience to firms."

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider several non-technology related items under suspension of the rules. See, Republican Whip Notice.

The Senate will meet at 1:00 PM. It will resume consideration of S 1042, the "National Defense Authorization Act for Fiscal Year 2006".

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate a Trademark Case". The speakers will be Shauna Wertheim (Roberts Abokhair & Mardula) and Steven Hollman (Hogan & Hartson). The price to attend ranges from $70-$125. For more information, call 202 626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

7:30 AM - 5:30 PM. The Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee will hold a partially closed meeting. The meeting will be closed from 7:30 AM to 4:00 PM. See, notice in the Federal Register, October 24, 2005, Vol. 70, No. 204, at Pages 61465 - 61466. Location: 3811 N. Fairfax Drive, 6th Floor, Conference Room, Arlington, VA.

8:00 - 9:15 AM. The U.S. Chamber of Commerce will host a breakfast. The speaker will be Sen. Charles Grassley (R-IA), the Chairman of the Senate Finance Committee. See, notice. For more information, contact Matt Haller at mhaller at uschamber dot com or 202 463-3176. Location: U.S. Chamber, 1615 H Street, NW.

9:00 AM - 4:45 PM. The Securities and Exchange Commission (SEC) will host an event titled "CCOutreach Program National Seminar". This event is for Chief Compliance Officers (CCOs) of mutual fund and investment advisers. See, SEC notice and registration pages. Location: SEC, 100 F Street, NW.

9:30 AM. The Antitrust Modernization Commission (AMC) will meet. The topic will be "Antitrust and the New Economy". The morning panel, from 9:30 to 11:30 AM, will include Richard Gilbert, Howard Morse, James O'Connell, John Osborn, and Carl Shapiro. The afternoon panel, from 12:45 to 2:45 PM, will include Susan DeSanti, Peter Detkin, Mark Lemley, Stephen Merrill, Stephen Pinkos, and Stephen Stack. See, AMC notice and notice in the Federal Register, October 21, 2005, Vol. 70, No. 203, at Page 61247. Location: Federal Trade Commission, Conference Center, 601 New Jersey Ave., NW.

2:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing on the nominations of Carol Dinkens and Alan Charles Raul to be Chairman and Vice Chairman of the Privacy and Civil Liberties Oversight Board. See, story titled "Bush Names Members of Privacy and Civil Liberties Oversight Board" in TLJ Daily E-Mail Alert No. 1,151, June 10, 2005. The SJC frequently cancels of postpones 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.

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

8:00 - 11:30 AM. The U.S. Patent and Trademark Office's (USPTO) Deputy Commissioner for Patent Examination Policy (DCPEP) and Office of Patent Legal Administration (OPLA) will host an event titled "Rules Customer Partnership Meeting". See, notice [PDF] Location: Madison Auditorium, 600 Dulany Street, Alexandria, VA.

9:00 AM. Day one of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The agenda of the public portion of the meeting includes "1. Microprocessor Roadmap Update. 2. Update on BIS programs and activities. 3. Quantum Computing. 4. First Annual HPC Review. 5. InfiniBand Technology and the EAR. 6. Industry proposal to change 4A3g. 7. Network Performance discussions. 8. China ``catch all´´ August 9, 2005 Regulation." See, notice in the Federal Register, October 25, 2005, Vol. 70, No. 205, at Page 61601. The BIS did not disclose the agenda of the closed portion of the meeting. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Cameras in the Courtroom". The SJC frequently cancels of postpones meetings 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.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Staff discussion draft of legislation to create a statutory framework for Internet Protocol and Broadband Services". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202 225-5735, Terry Lane (Barton) at 202 225-5735, or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2123, Rayburn Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Financial Institutions will hold a hearing on HR 3997, the "Financial Data Protection Act of 2005". See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IP Innovation v. eCollege.com, No. 04-1571. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Computervision Corp. v. US, No. 05-5014. Location: Courtroom 201, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Enforcement Committee will host a brown bag lunch titled "Meet the Enforcement Bureau Chief, Kris Monteith". RSVP to Margaret Davis at margaret dot davis at wilmerhale dot com. Location: Wilmer Hale, 1801 Pennsylvania Ave., NW.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on the Constitution, Civil Rights & Property Rights may hold an executive business meeting. See, notice. The SJC frequently cancels of postpones meetings 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.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Secrets of the Uniform Trade Secrets Act". The speaker will be Milton Babirak (Babirak Vangellow & Carr). The price to attend ranges from $70-$125. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

9:00 AM - 6:00 PM. Pulver.com will host a one day conference titled "Peripheral Visionaries' IP-Based Communications Summit". See, conference web site. Location: Washington Plaza Hotel.

9:00 AM - 2:00 PM. The U.S. Chamber of Commerce will host an event titled "Anti-Counterfeiting and Piracy Summit: STOPing the Fakes". The scheduled speakers include Attorney General Alberto Gonzales (Attorney General), Carlos Gutierrez (Secretary of Commerce), Thomas Donohue (Chamber), Suzanne Clark (Chamber), Edward DeGraan (Gillette Company), Mitch Bainwol ( Recording Industry Association of America), David Israelite (National Music Publishers Association), Robert Holleyman (Business Software Alliance), and Dan Glickman (Motion Picture Association of America). The Chamber states that "Credentialed members of the media are invited to attend." See, notice. For more information, contact Scott Eisner at 202 463-5500 or ncfevents at uschamber dot com. The price to attend ranges from free to $195. Location: Grand Hyatt Hotel, 1000 H St., NW.

9:00 AM. Day two of a two day partially closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The agenda of the public portion of the meeting includes "1. Microprocessor Roadmap Update. 2. Update on BIS programs and activities. 3. Quantum Computing. 4. First Annual HPC Review. 5. InfiniBand Technology and the EAR. 6. Industry proposal to change 4A3g. 7. Network Performance discussions. 8. China ``catch all´´ August 9, 2005 Regulation." See, notice in the Federal Register, October 25, 2005, Vol. 70, No. 205, at Page 61601. The BIS did not disclose the agenda of the closed portion of the meeting. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The SJC frequently cancels of postpones meetings 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.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Right to Repair: Industry Discussions and Legislative Options". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. Location: Room 2123, Rayburn Building.

10:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in SightSound Technologies v. Rozio, No. 05-1277. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for meetings of the ITU-D Telecommunication Development Advisory Group (TDAG). See, notice in the Federal Register, October 26, 2005, Vol. 70, No. 206, at Page 61876. Location: DOS, Harry Truman Building, Room 2533A.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Managing Your Information Technology Needs". The speakers will include Marc Mayerson (Spriggs & Hollingsworth) and Conrad Jacoby (Potomac Consulting Group). 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 PM. The Federal Communications Bar Association's (FCBA) Professional Responsibility Committee will host a brown bag lunch to consider a recommendation to the FCBA Executive Committee. RSVP to Tina Screven at escreven at wbklaw dot com. Location: Wilkinson Barker Knauer, 2400 N Street, NW, 7th Floor.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Practical Tips for Appellate Litigation and FCC Advocacy". Location: Wiley Rein & Fielding, 1776 K Street, NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding closed captioning rules for video programming. See, notice in the Federal Register, September 26, 2005, Vol. 70, No. 185, at Pages 56150-56157. This NPRM is FCC 05-142 in CG Docket No. 05-231.

Veterans' Day.

There will be no issue of the TLJ Daily E-Mail Alert.

The House may meet. See, Republican Whip Notice.

The Federal Communications Commission (FCC) and other federal offices will be closed for Veterans' Day. See, Office of Personnel Management's (OPM) list of federal holidays.

9:00 AM - 5:30 PM. Day one of a four day closed meeting of the National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award. See, notice in the Federal Register, October 25, 2005, Vol. 70, No. 205, at Page 61606. Location: NIST, Administration Building, Room A1038, Gaithersburg, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Virgin Islands Telephone Corporation v. FCC, No. 04-1352. Judges Sentelle, Randolph and Rogers will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:00 NOON. Peter Swire (Ohio State University law school) will deliver a paper titled "Security Market: Competitive and Security Incentives for Disclosure of Data". This event is a part of the George Washington University Law School's (GWULS) intellectual property workshop series. RSVP by Tuesday, November 8, to Rosalie Kouassi at rkouassi at law dot gwu dot edu. Location: GWULS, Faculty Conference Center, 5th Floor Burns, 716 20th St., NW.

Effective date of the order portion of the Federal Communications Commission's (FCC) Order and Further Notice of Proposed Rulemaking (FNPRM) that provides that facilities based broadband service providers and interconnected VOIP providers are subject to requirements under the 1994 Communications Assistance for Law Enforcement Act (CALEA). See, notice in the Federal Register, October 13, 2005, Vol. 70, No. 197, at Pages 59664 - 59675. The FCC adopted, but did not release, this item at its August 5, 2005, meeting. See, story titled "FCC Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005. The FCC released the text [59 pages in PDF] of this item on September 23, 2005. It is FCC 05-153 in ET Docket No. 04-295 and RM-10865.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the notice of proposed rulemaking (NPRM) portion of the Order and FNPRM that provides that facilities based broadband service providers and interconnected VOIP providers are subject to requirements under the 1994 Communications Assistance for Law Enforcement Act (CALEA). See, public notice [2 pages in PDF] and notice in the Federal Register, October 13, 2005, Vol. 70, No. 197, at Pages 59704 - 59710. The FCC adopted, but did not release, this item at its August 5, 2005, meeting. See, story titled "FCC Amends CALEA Statute" in TLJ Daily E-Mail Alert No. 1,191, August 9, 2005. The FCC released the text [59 pages in PDF] of this item on September 23, 2005. It is FCC 05-153 in ET Docket No. 04-295 and RM-10865.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding amending the FCC's amateur radio service rules to eliminate the requirement that individuals pass a telegraphy examination in order to qualify for any amateur radio operator license. This NPRM is FCC 05-143 in WT Docket No. 05-235. See, notice in the Federal Register, August 31, 2005, Vol. 70, No. 168, at Pages 51705 - 51707.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding eliminating Part 23 of the FCC's rules governing International Fixed Public Radiocommunication Services (IFPRS), and instead regulate IFPRS pursuant to Part 101. This NPRM is FCC 05-130 in IB Docket No. 05-216. See, notice in the Federal Register, September 28, 2005, Vol. 70, No. 187, at Pages 56620 - 56621.

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