1/13. Sen. Harry Reid (D-NV), the Senate Democratic leader, sent a letter to Federal Communications Commission (FCC) Chairman Kevin Martin regarding the sale of phone customers' proprietary information.

He wrote that "Several major news outlets reported that anyone can obtain the cell or landline phone number of any user, or gain access to the calling record related to any cell phone number, by visiting certain Web sites and paying a fee."

Sen. Reid (at right) stated that this would be a "remarkable assault on the privacy rights of Americans", and requested the FCC to investigate.

He asked the FCC to "begin an investigation into how online data brokers are obtaining Americans' private phone records, and whether phone companies are doing enough to protect the personal and private information with which they are entrusted. The Commission should consider whether any laws have been broken or whether there are any loopholes in current law that need to be closed to stop the abuse of consumers' personal information."

On July 7, 2005, the Electronic Privacy Information Center (EPIC) filed a complaint with the Federal Trade Commission (FTC) regarding the sale of consumer phone records.

The EPIC complaint alleged that Intelligent e-Commerce, Inc. (IEI) "advertises and provides online ordering forms for its customers to obtain a variety of information about consumers in the U.S. and Canada. Such information includes detailed phone call records as well as the addresses on file for post office box and private mailbox holders.  These categories of personal information are protected by regulation or statute, and cannot be obtained without legal justification, but are nevertheless offered for sale on bestpeoplesearch.com."

The EPIC complaint asked the FTC to investigate IEI's information brokerage activities and to enjoin it from selling information collected in violation of federal law.

The EPIC asserted that there is a violation of Section 5(a) of the FTC Act, which is codified at 15 U.S.C. § 45(a). It provides that "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." The EPIC alleged in its complaint that "Several categories of information offered for sale by IEI are not available except by misrepresentation or fraud in the violation of a federal statute."

The EPIC also asserted that there is a violation of 47 U.S.C. § 222.

1/13. The U.S. Court of Appeals (9thCir) issued a pair of opinions in cases in which Qwest challenged the authority of local governments to regulate telecommunications. On January 13 a three judge panel issued its opinion [14 pages PDF] in Qwest v. Tucson, dismissing some claims, and affirming the District Court's summary judgment for the municipalities on other claims. On January 12 the same panel issued its opinion [13 pages in PDF] in Qwest v. Berkeley, affirming the District Court's summary judgment for Qwest.

In both cases Qwest argued that 47 U.S.C. § 253 preempts local ordinances. Subsection 253(a) provides that "No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service."

However, Subsection 253(c) then provides that "Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government."

Qwest has previously brought Section 253 challenges to municipal ordinances. The two just issued opinions follow, and rely upon, previous opinions of the 9th Circuit in Section 253 cases. See, for example, October 12, 2004, opinion [17 pages in PDF] of the 9th Circuit in Qwest v. Portland. This is App. Ct. No. 02-35473. It is reported at 385 F.3d 1236. See also, story titled "9th Circuit Rules in Qwest v. Portland" in TLJ Daily E-Mail Alert No. 996, October 14, 2004. See also, April 24, 2001, opinion [27 pages in PDF] of the 9th Circuit in Auburn v. Qwest. This is App. Ct. Nos. 99-36173 and 99-36219. It is reported at 260 F.3d 1160.

Qwest v. Tucson. Qwest provides telecommunications services. The defendants below, and appellees in this appeal, are municipalities located in the state of Arizona, including the City of Tucson. They all charge Qwest between 2% and 5% of its gross revenues for operating within their bounds. All money collected by each city goes into a general fund, and is not designated for rights of ways related programs. The cities also enacted ordinances that imposed licensing and franchise requirements on Qwest.

Qwest filed a complaint in U.S. District Court (DAriz) against several municipalities in the state of Arizona alleging that the defendants charged unlawful fees and imposed unlawful requirements on Qwest for use of their rights of way. It alleged violations of Section 253, as well as 18 U.S.C. § 1983.

The cities promptly amended their ordinances to exempt Qwest from the licensing and franchise requirements. (Qwest is the successor to a pre-statehood claim of territorial franchise.)

The Court of Appeals held that "Qwest is no longer subject to the Cities' licensing and franchise requirements, so its claims challenging these requirements are moot. Because the underlying claims are moot, the Court need not address Qwest's § 1983 argument."

The Court of Appeals also noted that "the old ordinances would have been preempted by state law to the extent that they required Qwest to obtain a license or franchise. See City of Auburn, 260 F.3d at 1174 (holding that licensing and franchise ordinances were preempted by state law to the extent they required a telecommunications provider asserting a territorial franchise to obtain a franchise)." (Parentheses in original.)

The Court of Appeals then held that the Tax Injunction Act (TIA) precludes Qwest's challenges to the 2% to 5% charges. This statute, which is codified at 28 U.S.C. § 1341, provides in full that "The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State."

But first, the Court of Appeals held that the ordinances challenged by Qwest do impose taxes within the meaning of the TIA. The Court of Appeals held that where "an ordinance requires that a telecommunications provider pay a percentage of its gross revenues to the municipality, and the revenue from that charge is directed to the municipality’s general fund, the charge constitutes a tax."

Then, it held that "This type of challenge seeking to avoid paying a tax is the archetypical action that the Tax Injunction Act carves out of federal jurisdiction."

The Court of Appeals noted that Qwest's remedy is to challenge these ordinances in Arizona state courts, which are courts of general jurisdiction.

However, as a practical matter, state court judges, who are products of their state's political processes, are unlikely to overturn state or local taxes assessed against out of state corporations.

This case is Qwest Corporation v. City of Surprise, City of Tucson, et al., App. Ct. No. 04-16940, an appeal from the U.S. District Court for the District of Arizona, D.C. No. CV-01-02500-JAT, Judge James Teilborg presiding. Judge Stephen Trott wrote the opinion of the Court of Appeals in which Judges Thomas Nelson and Richard Paez joined.

Qwest v. Berkeley. In contrast, Qwest prevailed in its action against the City of Berkeley. However, in this case, the city imposed by municipal ordinance a complex and wide ranging regulatory regime that the Court of Appeals held runs afoul of 47 U.S.C. § 253(a).

In 1999 Qwest contracted with Lawrence Berkeley National Laboratory (LBNL) to provide telecommunications services. To do so it first needed to install a local loop between LBNL and Qwest's central system, which in turn meant use of the city's rights of way. Qwest applied for construction permits. Berkeley did not issue the permits. Rather, it enacted an ordinance that regulated telecommunications companies and their use of the public rights of way.

Qwest filed a complaint in the U.S. District Court (NDCal) against Berkeley, its city council, and two city employees, alleging Berkeley's ordinance was preempted by Section 253. The District Court granted temporary injunctive relief to Qwest. Berkeley then enacted a replacement ordinance, numbered 6630, which is at issue in this appeal. Qwest amended its complaint, and the District Court granted summary judgment for Qwest, holding that 6630 is preempted by Section 253. The Court of Appeals affirmed.

The Court of Appeals followed a two step analysis. First, it determined that 6630 is preempted by Section 253(a). Second, it determined that 6630 does not fall within the safe harbor language of Section 253(c).

6630 requires telecom companies to pay a fee that is not based upon the cost of maintaining the public rights of way.

The Court of Appeals held, as it did in Qwest v. Portland, that in Section 253 challenges, the challenger need not prove that the ordinance actually has the effect of prohibiting the provision of telecommunications services; it need only prove that the ordinance may have the effect of prohibiting the provision of telecommunications services.

The Court of Appeals also declined to hold that "all non-cost based fees are automatically preempted". Rather, it held that "courts must consider the substance of the particular regulation at issue".

But, the Court continued that the city "makes no attempt to assert that its non-cost based fee is not the type of regulation that prohibits or may have the effect of prohibiting the provision of telecommunications services." Instead, the city asserted that its ordinance "escapes preemption because it allows telecommunications companies protected by § 253(a) to be excluded from paying this fee by complying with the ``common carrier exemption procedure.´´"

The Court then summarized the requirements for this exemption procedure. It includes reporting requirements, disclosure of information, and production of contracts. It also requires carriers to consent to audits of its books. It also provides that the city may deny rights of way use permits, and impose fines and penalties.

The Court concluded that these requirements "are patently onerous and have the effect of prohibiting Qwest and other telecommunications companies from providing telecommunications services."

The Court then analyzed whether 6630 falls within the 253(c) safe harbor, which allows cities to "manage the public rights-of-way". The Court again reviewed the ordinance, and concluded that Berkeley ordinance regulates carriers, not rights of way.

In conclusion, the Court of Appeals held that "Section 253(a) preempts Ordinance 6630 because the enactment contains regulations and requirements that have the effect of prohibiting telecommunications companies from providing telecommunications services in the City of Berkeley. Furthermore, the offending provisions are not saved by the ``safe harbor´´ clause found in § 253(c) because they are not regulations that manage the public rights-of-way, but regulations that allow the City to manage the telecommunications companies themselves by requiring the companies to certify and document their legal and technical qualifications. We also determine that Ordinance 6630 is not severable."

This case is Qwest Communications, Inc. v. City of Berkeley, et al., App. Ct. No. 03-15852, an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-01-00663-SI, Judge Susan Illston presiding. Judge Stephen Trott wrote the opinion of the Court of Appeals in which Judges Thomas Nelson and Richard Paez joined.

1/13. Federal Communications Commission (FCC) Commissioner Deborah Tate was named Federal Chair of the Federal-State Joint Board on Universal Service and the Federal-State Joint Board on Jurisdictional Separations. See, FCC order [PDF]. Tate wrote in a statement [PDF] that she will endeavor to "ensure that all consumers -- especially those in rural and high-cost areas -- are able to obtain services at reasonable rates."

1/12. A grand jury of the U.S. District Court (CDCal) returned a five count indictment that charges Jason Jones, Jonathan Bryant, and Pei "Patrick" Cai with conspiring to traffic in a technology used to circumvent a copyright protection system, conspiring to infringe on a valid copyright for financial gain, and conspiring to willfully infringe a copyrighted work by reproducing and distributing pirated works worth more than $1,000. The U.S. Attorneys Office stated in a release that the three defendants pirated video games by pre-installing games on specially modified Xbox game consoles.

1/6. I-Che Lai waived indictment and pled guilty in U.S. District Court (DNev) to one count of conspiracy to commit criminal copyright infringement in connection with his acting as a site administrator for several warez web sites that contained a library of copyright protected software, including movies, music, games and business software. See, Department of Justice (DOJ) release.

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The House will not meet. It will convene for the 2nd Session of the 109th Congress on Tuesday, January 31, 2006. See, Majority Whip's calendar.

The Senate will not meet. It will convene for the 2nd Session of the 109th Congress on Wednesday, January 18, 2006. See, 2006 Senate calendar.

10:30 AM. Michael Chertoff (Secretary of Homeland Security) and Condoleezza Rice (Secretary of State) will announce a "Joint Vision: Secure Borders and Open Doors in the Information Age". The DHS notice states that "Media should enter from the 23rd Street Entrance. ... Final access time for all media is 9:45 a.m. ... For more information please contact the DHS Press Office at 202-282-8010 or Department of State Public Affairs at 202-647-0001. Location: Dean Acheson Auditorium, Department of State’s Truman Building, 2201 C St., NW.

POSTPONED TO JANUARY 24. 11:00 AM. The Senate Judiciary Committee (SJC) has scheduled an executive business meeting. The sole item on the agenda is consideration of the nomination of Judge Sam Alito to be a Justice of the Supreme Court. See, notice. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch titled "The Top Ten Technological Trends Everybody Should Know About". The speakers will be John Wong and the staff of the Federal Communications Commission's (FCC) Media Bureau's Engineering Division. RSVP to Ben Golant at ben dot golant at fcc dot gov. Location: Willkie Farr & Gallagher, 1875 K St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the notice of proposed rulemaking (NPRM) portion of its Report and Order (R&O) and NPRM of August 5, 2005 regarding regulation of information services. The R&O classified wireline broadband internet access services as information services. The NPRM proposes to impose new regulatory burdens on information services. This item is FCC 05-150 in WC Docket No. 05-271, CC Docket No. 02-33, CC Docket No. 01-337, CC Docket Nos. 95-20 and 98-10, and WC Docket No. 04-242. See, story titled "FCC Classifies DSL as Information Service" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005. The FCC released the text [133 pages in PDF] of this item on September 23, 2005. See, notice in the Federal Register, October 17, 2005, Vol. 70, No. 199, at Pages 60259 - 60271.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking regarding its rules affecting Wireless Radio Services. This item is FCC 05-144 in WT Docket Nos. 03-264. The FCC adopted this item on July 22, 2005. It released the text [67 pages in PDF] on August 9, 2005. See, notice in the Federal Register, October 19, 2005, Vol. 70, No. 201, at Pages 60770 - 60781.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding a petition for rulemaking of 13 hearing impairment related entities. Their petition requests that the FCC initiate a rulemaking proceeding to mandate captioned telephone relay service and to approve internet protocol captioned telephone relay service. The FCC's Public Notice [PDF] states that "Captioned telephone service is a form of telecommunications relay service (TRS) that permits persons to simultaneously both listen to what the other party is saying and read captions of what the other party is saying on the same device. Presently the service is eligible for compensation from the Interstate TRS Fund (Fund), but is not mandatory. The petition asks the Commission to initiate a rulemaking for the purpose of making captioned telephone service a mandatory form of TRS and approving Internet Protocol (IP) captioned telephone service as eligible for compensation from the Fund." (Footnotes omitted). This notice is DA 05-2961 in CG Docket No. 03-123. See also, notice in the November 30, 2005, Vol. 70, No. 229, at Pages 71849 - 71850.

10:00 AM. The Senate will convene for the 2nd Session of the 109th Congress. See, 2006 Senate calendar.

8:30 AM - 5:30 PM. The Cyber Security Industry Alliance (CSIA) will host a conference titled "The Legal Implications of Data Integrity". See, agenda. The price to attend ranges from $95 to $195. Location: Jack Morton Auditorium, Media and Public Affairs Building, George Washington University, 805 21st St., NW.

11:30 AM. Representatives of three groups will release and discuss the results of a public opinion poll pertaining to "the potential for discriminatory practices of broadband network owners, and support for legislation ensuring open access to the high-speed Internet". FCC Commissioner Michael Copps will also speak. The group representatives will be Mark Cooper (Consumer Federation of America), Jeannine Kenney (Consumers Union), and Ben Scott (Free Press). For more information, contact Jennifer Fuson at 202 719-5921 or Daniel Kohns 202 294-5888. The CFA's notice also states "Call-in and Q&A for out-of-town media: 1.888.243.0814, Reference Conference Name: Consumer Internet". Location: Consumers Union, 1666 Connecticut Ave., NW, Suite 310.

12:00 NOON - 1:15 PM. The DC Bar Association's Intellectual Property Law Section and Patent Section will host a panel discussion titled "Current Topics in Patent Law: Patent Pools and Standards Bodies". The speakers will include James Kulbaski (Oblon Spivak). 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.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will hold the second in a series of weekly meetings to prepare for the International Telecommunications Union's (ITU) 2006 ITU Plenipotentiary Conference, to be held November 6-24, 2006, in Antalya, Turkey. See, notice in the Federal Register, December 21, 2005, Vol. 70, No. 244, at Page 75854. This notice incorrectly states that these meetings will be held on Tuesdays; they are on Wednesdays. For more information, contact Julian Minard at 202 647-2593 or minardje at state dot gov. Location: AT&T, 1120 20th St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "50 Tips For Ethical and Effective Web Sites for Lawyers and Law Firms". The speakers will include Walter Effross (American University law school). 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [24 pages in PDF] regarding amendments to its unsolicited facsimile advertising rules and the established business relationship (EBR) exception to the rules. This NPRM was adopted by the FCC on December 9, 2005, and released on December 9, 2005. It is FCC 05-206 in CG Docket No. 02-278. See, notice in the Federal Register, December 19, 2005, Vol. 70, No. 242, at Pages 75102 - 75110.

8:00 - 9:30 AM. The U.S. Chamber of Commerce will host an event titled "Policy Insiders with FBI Director Robert Mueller". See, notice. The price to attend ranges from $55 to $75. For more information, contact Matt Haller at mhaller at uschamber dot com or 202 463-3176. Location: U.S. Chamber 1615 H St., NW.

TIME CHANGE. 8:00 AM - 2:45 PM. The Information Technology Association of America (ITAA) will host an event titled "Base Realignment and Closure: Moving Forward with Information Technology". The speakers will include Linton Wells (Principal Deputy Assistant Secretary of Defense, Networks and Information Integration), Anthony Principi (Chairman 2005 BRAC Commission), Philip Grone (Deputy Undersecretary of Defense, Installations and Environment), Robert Carey (Deputy CIO Officer for Policy and Integration, Department of the Navy), and Gary Winkler (Director, Governance, Acquisition and Chief Knowledge Center, G-6/Department of the Army). See, notice. Press contact: Bob Cohen at 703 284-5301 or Charlie Greenwald at 703 284-5305. Location: Ritz Carlton, Pentagon City, VA.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Decency". The scheduled witnesses are Jack Valenti (MPAA), Charles Ergen (EchoStar), David Cohen (Comcast), Bruce Reese (National Association of Broadcasters), Brent Bozell (Parents Television Council), Martin Franks (CBS), Alan Rosenberg (Screen Actors Guild), and Jeff McIntyre (American Psychological Association). See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

10:00 AM. Rep. Nancy Pelosi (D-CA), members of the House Democratic Caucus, and others will host a panel discussion titled "House Democrats' New Innovation Agenda". For more information, contact Brendan Daly or Jennifer Crider at 202 226-7616. Location: Room 345, Cannon Building.

12:00 NOON - 1:30 PM. The DC Bar Association's Intellectual Property Law Section and Trademark Committee will host a panel discussion titled "Trademark Policing And Enforcement". The speakers will include Melise Blakeslee (McDermott Will & Emery) and Alan Cooper (Howery & Simon). The price to attend ranges from $20-$40. For more information, call 202 626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

1:00 - 4:00 PM. The Antitrust Modernization Commission (AMC) will hold a hearing titled "Economists' Roundtable on U.S. Merger Enforcement". See, notice in the Federal Register, December 29, 2005, Vol. 70, No. 249, at Page 77121. Location: Federal Trade Commission, Conference Center, 601 New Jersey Ave., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Internet Pornography". See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

7:30 - 10:30 AM. The National Venture Capital Association (NVCA) will host an event titled "Personal Liability of Private Company Directors & Officers: How to Protect Yourself in Today's Environment". The NVCA notice states that "Attendance at this event is by invitation only". Location: Ritz Carlton, 1700 Tysons Blvd., McLean, VA.

Deadline to submit oppositions to the U.S. Telecom Association's petition [PDF] seeking reconsideration and clarification of the Federal Communications Commission's (FCC) CALEA order. This is the FCC's order 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). 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. The USTelecom argues that the FCC "should reconsider its decision to start the 18-month CALEA compliance clock on November 14, 2005, and instead should start that clock on the effective date of its forthcoming order on CALEA capability requirements for broadband and VoIP providers". It also argues that the FCC should "clarify and delineate the specific broadband access services that qualify as ``newly covered services´´ under the CALEA Applicability Order." See, notice in the Federal Register.January 4, 2006, Vol. 71, No. 2, at Pages 345 - 346.

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

9:30 - 11:00 AM. The Progressive Policy Institute (PPI) will host an event titled "Investing in Innovation -- The UK Model". The speaker will be Jonathan Kestenbaum, CEO of the U.K.'s National Endowment for Science, Technology and the Arts (NESTA). For more information, contact Austin Bonner at 202 547-0001 or abonner at dlc dot org. Location: PPI, 600 Pennsylvania Avenue, SE, Suite 400.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host an luncheon titled "70th Anniversary Luncheon: Looking Forward, Looking Back". The speakers will be former Chairmen of the Federal Communications Commission (FCC), including William Kennard, Michael Powell, James Quello, Alfred Sikes, and Richard Wiley. Location: J.W. Marriott Hotel.

Advanced effective date of the Federal Communications Commission's (FCC) rule requiring certain new television receivers and other TV receiving devices such as VCRs and digital video recorders to be capable of receiving digital television signals. See, FCC's Second Report and Order adopted on November 3, 2005, and released on November 8, 2005. It is FCC 05-190 in ET Docket No. 05-24. See also, notice in the Federal Register, December 21, 2005, Vol. 70, No. 244, at Pages 75739 - 75743.

9:30 AM. The Senate Judiciary Committee (SJC) has scheduled an executive business meeting. The sole item on the agenda is consideration of the nomination of Judge Sam Alito to be a Justice of the Supreme Court. See, notice. Location: Room 226, Dirksen Building.

9:30 AM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will hold a meeting. See, notice in the Federal Register, December 29, 2005, Vol. 70, No. 249, at Pages 77156 - 77157. Location: FCC, 445 12th St., SW., Suite 5-A420.

RESCHEDULED FROM JANUARY 31. 10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Broadcast and Audio Flag". See, notice. Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

RESCHEDULED FOR JANUARY 31. 10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Video Franchising". Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Location: Room 562, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch titled "Meet the Wireline Competition Bureau". The speakers will include Tom Navin, Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau. RSVP to Wendy Parish wendy at fcba dot org. Location: __.

RESCHEDULED FOR JANUARY 31. 2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Video Content". Press contact: Melanie Alvord (Stevens) at 202 224-8456, Aaron Saunders (Stevens) at 202 224-3991, or Andy Davis (Inouye) at 202 224-4546. The hearing will be webcast by the SCC. Room 562, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding the rules for expanding the scope of the Emergency Alert System (EAS) to cover certain digital services. The FCC adopted a report and order (R&O) and further NPRM on November 3, 2005. The R&O expanded the categories of service providers that are subject to the FCC's EAS mandates to include providers of digital broadcast and cable TV, digital audio broadcasting, satellite radio, and direct broadcast satellite (DBS) services. The NPRM asks for comments how the FCC should plan this "next-generation alert and warning system". See, story titled "FCC Requires DBS, Satellite Radio, Digital Broadcasters, and Others to Carry AES Communications" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005. The R&O and NPRM is FCC 05-191 in EB Docket No. 04-296. It was released on November 10, 2005. See, notice in the November 25, 2005, Vol. 70, No. 226, at Pages 71072 - 71077.