4/20. The Office of the U.S. Trade Representative (USTR) released a transcript of a news conference held by a "Senior U.S. Trade Official" (SUSTO) in Geneva, Switzerland, regarding the lack of progress in Doha round trade negotiations.

This SUSTO stated that "we have TPA for only so long. So we've got to get this thing done." (Trade promotion authority, which provides that the Congress can approve or reject, but not amend, trade agreements, expires June 30, 2007.)

The SUSTO continued that "To our frustration, we haven't seen countries coming forward with the types of proposals that we think are needed to achieve our mandate of having substantial reform in the negotiations", and "time is really slipping away and that this is an opportunity that could be slipping away."

This SUSTO elaborated that "I think a common complaint of other countries would be that they're at their limit in terms of what is sellable at home. For our part, we'd say when another country would ask us for a deeper cut in trade distorting support, we'd say, are you kidding? We've put a great offer down here, a very strong offer on the table, and we don't see enough coming back to justify a deeper offer. So there is just not a political viability for that and moreover we don’t think it’s fair, so we can’t sign off on something like that."

"Similarly, if we were asking the Europeans to cut their tariffs deeper, what they will cite is the protectionist sentiment in the member states, and that they couldn't carry a deal at home that calls for more market opening." The SUSTO added, "So our job is to try and figure out when they're bluffing and when they're serious. I think one of the things that we'll see here is, as the deadlines really start to crank down, if we do a good job of keeping the pressure on and framing the issues, and showing that we're not the problem here, that we're flexible, we can negotiate, then hopefully that will help drive people to their bottom lines and we'll see if the deal winds up and makes sense or not."

4/24. The European Commission's (EC) Court of First Instance began its hearing on Microsoft's appeal of the EC's March 2004 action regarding Microsoft's Media Player.

The EC announced its Commission Decision [302 pages in PDF] on March 24, 2004, and released it on April 22, 2004. The EC fined Microsoft 497,196,304 Euros, and ordered it to sell Windows without Media Player and make certain intellectual property available to competitors. See also, story titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004; and story titled "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004.

Microsoft argued in its opening statement that "There are very serious issues at stake in this case that could affect the incentives for innovation in Europe. The two fundamental questions in this case are whether companies can improve their products by developing new features that consumers want, and whether successful innovators must hand over their valuable technology and intellectual property to competitors. These questions are critical to the success of individual companies, and also to the economic vitality of any competitive market.

Microsoft continued that "The facts show that competition in the online media player market has continued to grow. The average number of media players used by consumers has risen to 2.6 in 2006, up from 2.1 in 2004. Major PC manufacturers also have increased the number of media players they pre-install on computers sold in Europe -- from an average of 1.4 media players in 2004 to 3.2 media players per computer in 2006. The rapid rise of Apple's iTunes service and Macromedia's Flash media player demonstrate the vigorous competition in the media player market."

It added that "Regarding interoperability, most large corporations in Europe operate IT systems composed of both Microsoft and non-Microsoft products. In fact, many major European companies and public administrations provided evidence that interoperability already exists between Windows server software and competitor products, and has for many years."

Hewitt Pate, who was the chief U.S. antitrust enforcer at the time that the EC made its decision, frequently criticized the EC's decision. See for example, stories titled "US Antitrust Chief Says EU's Microsoft Decision Could Harm Innovation and Consumers" in TLJ Daily E-Mail Alert No. 863, March 25, 2004; "Pate Criticizes EC Decision Regarding Microsoft" in TLJ Daily E-Mail Alert No. 869, April 5, 2004; and "Pate Addresses US EU Differences on Antitrust, Microsoft, and IPR" in TLJ Daily E-Mail Alert No. 913, June 8, 2004.

4/19. The World Trade Organization (WTO) released its Trade Policy Review (TPR) of the People's Republic of China. See, WTO release, with hyperlinks to the TPR, in MS Word format. See also, Contents and Summary Observations

Intellectual Property. Section III, titled "Trade Policies and Practices by Measure", includes the section on intellectual property rights, at pages 145 through 157. It includes a lengthy summary of the nominal intellectual property rights and enforcement regime.

However, it also makes brief mention of complaints that theft is widespread, and that the enforcement procedures are illusory. It states that "The main problems identified by China's major trading partners include: lack of coordination among the main enforcement agencies; local protectionism and corruption; inadequate deterrence provided by the system of administrative, civil, and criminal penalties; and a lack of sufficient training of personnel."

It also states that " it appears that enforcement remains weak and infringement of intellectual property rights widespread. In addition to inadequate deterrents provided through the prosecution system, it is also claimed that ``local protectionism´´ is a major cause of IPR infringement. Local protectionism may be the result of discretionary actions that give preference to local traders and producers, and of local corruption, which may provide local manufacturers or traders of counterfeit goods advance notice of police raids; there is also concern that regional administrative agencies lack sufficient knowledge and training in IPR enforcement."

Deputy U.S. Trade Representative Peter Allgeier gave a speech in Geneva, Switzerland, regarding the WTO China TPR on April 19. He commented on intellectual property rights. He stated that "Another area that continues to generate significant problems for the United States is China’s inadequate enforcement of laws, particularly in the area of intellectual property rights. As the Secretariat’s Report explains, enforcement remains weak and infringement of intellectual property rights remains widespread in China. A number of factors contribute to this situation, including lack of coordination among the main enforcement agencies, local protectionism and corruption, inadequate deterrence provided by China’s system of administrative, civil and criminal penalties, and a lack of sufficient training of enforcement personnel."

Telecommunications. Section IV, titled "Trade Policies by Selected Sectors", includes a section titled "Electronics and communications industry equipment", at pages 204 through 207, and another section titled "Telecommunications services", at pages 229 through 236.

Allgeier commented on telecommunications services. "The service sector is another area that has generated concerns. The Secretariat’s Report only selected two sectors to examine -- financial services and telecommunications services -- but they are representative of problems that the United States has encountered in other areas. In these sectors, we have seen protectionist and non-transparent policies, delays in the issuance of regulatory measures and the use of entry threshold requirements -- particularly capital requirements -- that exceed international norms. In the questions that we submitted, we seek clarification of several of China's policies."

4/19. Hu Jintao, President of the Peoples Republic of China, visited the offices of Microsoft. Bill Gates gave a speech in which he said that "Both the United States and China will prosper in an environment of open trade and mutual respect for international norms. And China and the United States will flourish in an environment that encourages the exchange of people and ideas." He added that "we are encouraged by the efforts of the Chinese government to strengthen intellectual property protection." Gates also said that "This new era of an Internet-based economy also presents new challenges to all of us. It is my belief that industry and government around the world should work even more closely to protect the privacy and security of Internet users, and promote the exchange of ideas, while respecting legitimate government considerations."

4/20. Sen. Charles Grassley (R-IA), Chairman of the Senate Finance Committee, commented in a release [PDF] about Chinese President Hu Jintao's visit to the U.S. "As he himself said, China needs to take positive steps to reform its currency, to expand market access in China and increase imports, and to strengthen the protection of intellectual property rights. Now we'll see what comes of those remarks. Good words need to be followed by concrete action. If not, that’ll only increase the frustration in Congress that China’s not living up to its commitments."

4/20. Sen. Max Baucus (D-MT), the ranking Democrat on the Senate Finance Committee, stated in a release [PDF] that "I am pleased that China agreed to take verifiable action to reduce software piracy", but that "I am extremely disappointed that President Hu did not today commit to take concrete steps to allow China’s currency to reflect market forces".

4/21. President Bush gave another in a series of speeches promoting his "American Competitiveness Agenda", or ACA. He participated in a panel discussion at Cisco Systems' offices in San Jose, California. Other participants included California Governor Arnold Schwarzenegger, and Cisco P/CEO John Chambers.

He again advocated increasing federal spending on basic research, making the research and development tax credit permanent, and improving science, technology, engineering and math (STEM) education. See, White House press office transcript. See also, Cisco web page with photographs, webcast, and related information.

Bush said that "I do believe it is as proper use of federal taxpayer money to double the R&D commitment in the physical sciences at the federal level."

He next discussed the R&D tax credit. "I think it makes sense to encourage the private sector to spend the $200 billion a year we do total -- $3 billion right out of Cisco. One way to do so is through the tax code. The research and development tax credit makes a lot of sense. Interestingly enough, the research and development tax credit expires on a regular basis. And, therefore, people have to come, hat in hand, to Congress and say, oh, save us., Unfortunately, it is difficult to plan for some companies if you're worried about whether or not the research and development tax credit exists. Therefore, to keep us on the leading edge of change, to make sure we're the innovative capital of the world, Congress needs to make the research and development tax credit a permanent part of the tax code."

Bush also addressed STEM education. He said that "if we don't educate our children in math and science, jobs are going to go to other countries. ... Math and science are going to be vital to make sure that this country educates the engineers, the chemists, the physicists".

He added that "the federal government is going to make supplemental service money available for students who are falling behind in math right before they get into high school. That's one way to correct the problem, is to measure, to identify and to solve. And that's what we intend to do through the new math initiative."

He also said that "we've got to make sure that we understand what works. So I put together a national math panel with math experts that will help develop curriculum and teaching tools so that we can say to the states and local school districts, here's what the experts think. Instead of kind of grasping for what might be relevant and might work, we're actually calling people together who know what they're talking about -- just like we did in reading -- and say, here, here's what you need to try in order to meet the standards."

On April 18, President Bush created, by executive order, a National Mathematics Advisory Panel within the Department of Education. See, story titled "Bush Creates National Mathematics Advisory Panel" in TLJ Daily E-Mail Alert No. 1,353, April 19, 2006.

He also discussed the "Advanced Placement program. It's a program that sets high standards and has classroom rigor. One of the problems we have is not enough teachers know how to teach AP. I'm going to ask the Congress to fund enough money to help train 70,000 teachers so they can become prepared to teach Advanced Placement."

President Bush also gave two other major speeches on his ACA during the same week. On April 19, 2006, Bush gave a similar speech at Tuskegee University in Alabama. See, story titled "Bush Discusses Research Funding, R&D Tax Credit, and STEM Education" in TLJ Daily E-Mail Alert No. 1,355, April 21, 2006. On April 18, 2006, Bush gave a similar speech at a public school in the Maryland suburbs of Washington DC. See, story titled "Bush Discusses His American Competitiveness Initiative" in TLJ Daily E-Mail Alert No. 1,353, April 19, 2006.

On April 20, 2006, William Archey, head of the American Electronics Association (AeA), spoke at a luncheon on Capitol Hill. He praised Bush's ACA, and compared it with two other proposals advanced by House Democrats and House Republicans. He said that the three proposals are basically the same, with some differences in the numbers. He commented that this could present an obstacle to enactment, since no group would be able to claim credit.

See also, House Democrats' Innovation Agenda and story titled "House Democrats Promote Their Innovation Agenda" in TLJ Daily E-Mail Alert No. 1,312, February 17, 2006.

4/20. The Department of Justice (DOJ) announced two developments in criminal prosecutions related to the Federal Communications Commission's (FCC) fraud and waste ridden e-rate subsidy program.

On April 20, 2006, the U.S. District Court (DSDak) sentenced NextiraOne LLC, a subsidiary of Platinum Equity LLC, for wire fraud in connection with e-rate fraud. The DOJ stated in a release that the defendant was sentenced "to pay a $4.6 million criminal fine and restitution for defrauding" the FCC and schools located on the Pine Ridge Reservation in the state of South Dakota. The DOJ added that "NextiraOne has cooperated in the investigation, and under the plea agreement, has agreed to continue to do so. NextiraOne will pay a $1.9 million criminal fine. A civil settlement filed today requires NextiraOne to forfeit more than $2.6 million in reimbursement for uncompensated work previously performed at other school districts."

On April 20, 2006, a grand jury of the U.S. District Court (DSCar) returned a 12 count indictment that charges Cynthia K. Ayer with mail and wire fraud in connection with her alleged scheme to defraud the e-rate program. The DOJ stated in a release that "from April 1, 1999, until Feb. 1, 2003, Ayer used her position as the technology director of the school district to award technology contracts to her company, Go Between Communications, by submitting fraudulent applications for E-Rate funding of more than $3.5 million".

The e-rate program is a tax and subsidy program administered by the FCC and its Universal Service Company (USAC).

4/19. John Kneuer, acting Assistant Secretary for Communications and Information, gave a speech titled "E-num: The View from Washington". See, presentation slides [PDF]. Kneuer is the head of the National Telecommunications and Information Administration (NTIA).

4/21. The Federal Communications Commission (FCC) released the text [89 pages in PDF] Ninth Report and Order establishing procedures by which new AWS licensees may relocate incumbent BRS and FS operations in spectrum that has been allocated for AWS. This order states that it establishes "procedures for the relocation of Broadband Radio Service (BRS) operations from the 2150-2160/62 MHz band. We also establish procedures for the relocation of Fixed Microwave Service (FS) operations from the 2160-2175 MHz band and modify existing relocation procedures for the 2110-2150 MHz and 2175-2180 MHz bands. In addition, we adopt cost-sharing rules to identify the reimbursement obligations for Advanced Wireless Service (AWS) and Mobile Satellite Service (MSS) entrants benefiting from the relocation of incumbent FS operations in the 2110-2150 MHz and 2160-2200 MHz bands and AWS entrants benefiting from the relocation of BRS incumbents in the 2150-2160/62 MHz band." (Footnote omitted.) The FCC adopted this order on April 12, 2006. This order is FCC 06-45 in in ET Docket No. 00-258 and WT Docket No. 02-353.

4/20. The Federal Communications Commission (FCC) sent letters of inquiry to Clear Channel Communications Inc., CBS Radio Inc., Entercom Communications Corp. and Citadel Broadcasting. FCC Commissioner Jonathan Adelstein wrote in a statement [PDF] that "I am pleased that we have launched this formal phase of the payola investigation. This should put to rest any question about the FCC's commitment to enforce the law. Our investigation will be a thorough and complete review of the industry's alleged payola practices."

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Notices & Disclaimers
Copyright 1998 - 2006 David Carney, dba Tech Law Journal. All rights reserved.

The House will not meet. See, Republican Whip Notice.

The Senate will return from its spring recess. It will meet at 2:00 PM. See, 2006 Senate calendar.

7:30 AM - 3:30 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, March 10, 2006, Vol. 71, No. 47, at Page 12403, and notice in the Federal Register, April 10, 2006, Vol. 71, No. 68, at Page 18118. Location: 4201 Wilson Blvd., Room 1235, Arlington, VA.

1:00 PM. The Public Knowledge, Save the Internet Coalition, and others groups will host a telephonic news conference regarding the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act, which the House Commerce Committee is scheduled to mark up this week. The speakers will be Vinton Cerf (Google), Craig Fields (Gun Owners of America), Gigi Sohn (Public Knowledge), Mark Cooper (Consumer Federation of America), and a representative of the American Library Association. RSVP for the call to Alex at Fenton dot com. The call-in number is 800-362-0571. The conference ID is "Save the Web".

Deadline to submit comments to the U.S. Patent and Trademark Office's (USPTO) regarding its interim rule revising the rules of practice relating to the filing date requirements for ex parte and inter partes reexamination proceedings. See, notice in the Federal Register, February 23, 2006, Vol. 71, No. 36, at Pages 9260-9262.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its second further notice of proposed rulemaking (2ndFNPRM) regarding the obligation of television licensees to provide educational programming for children and the requirement that television licensees protect children from excessive and inappropriate commercial messages. See, text [14 pages in PDF] of this 2ndFNPRM. The FCC adopted this item at its meeting of March 17, 2006. See, notice in the Federal Register, March 27, 2006, Vol. 71, No. 58, at Pages 15145-15147; and story titled "FCC Adopts Further NPRM Re Children's Programming Obligations" in TLJ Daily E-Mail Alert No. 1,332, March 20, 2006. This item is FCC 06-33 in MM Docket No. 00-167.

5:00 PM. Deadline to submit applications to the National Institute of Standards and Technology's (NIST) Electron and Optical Physics Division for financial assistance for FY 2006 by the Center for Nanoscale Science and Technology (CNST) Financial Assistance Program. See, notice in the Federal Register, March 31, 2006, Vol. 71, No. 62, at Pages 16285-16288.

The House will return from its "Spring District Work Period". It will meet at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider several items under suspension of the rules, including HR 4709, the "Law Enforcement and Phone Privacy Protection Act of 2006". See, Republican Whip Notice.

10:00 AM. The Senate Banking Committee will hold a hearing titled "A Review of Current Securities Issues". See, notice. The witness will be Chris Cox, Chairman of the Securities and Exchange Commission (SEC). Press contact: John Heine (SEC) at 202-551-4120. Location: Room 538, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the CITEL PCC.II (Radiocommunication including Broadcasting) meetings on June 20-23, 2006, in Lima, Peru, and on October 17-20, 2006, in San Salvador, El Salvador. See, notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page 15798. Location: __.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet to consider "new rules that could change the Commission's implementation of Section 309(j) of the Communications Act, which requires the Commission to ensure, inter alia, that small businesses and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrum-based services". (Emphasis added.) See, FCC notice [PDF] and notice in the Federal Register, April 20, 2006, Vol. 71, No. 76, at Page 20401. The public may attend telephonically on a listen only basis. Telephone 800-347-3350 and identify Diego Ruiz as the conference call's chairman. Location: undisclosed.

2:00 - 4:00 PM. The U.S. Patent and Trademark Office (USPTO) will host an event "to educate the public on USPTO's plans to streamline the application review process". See, USPTO release. Press contact: Brigid Quinn or Ruth Nyblod at 571-272-8400, brigid dot quinn at uspto dot gov or Ruth dot nyblod at uspto dot gov. Location: USPTO, Madison Auditorium, 600 Dulany Street, Alexandria, VA.

2:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Emergency Preparedness, Science, and Technology will hold a hearing titled "The State of Interoperable Communications: Perspectives on Federal Coordination of Grants, Standards, and Technology". Location: Room 311, Rayburn Building.

2:00 PM. The House Judiciary Committee's (HJC) Task Force on Telecom and Antitrust will hold an oversight hearing titled "Network Neutrality: Competition, Innovation and Nondiscriminatory Access". The witnesses will be Paul Misener (Amazon.com), Earl Comstock (CompTel), Walter McCormick (U.S. Telecom Association), and Timothy Wu (Columbia Law School). See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

5:00 PM. The House Commerce Committee (HCC) will meet to begin its mark up of HR __, the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act. See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202 225-5735 or Terry Lane (Barton) at 202 225-5735. Location: Room 2123 Rayburn Building.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the request contained in the Twelfth Annual Report on the status of competition in the market for the delivery of video programming for comments on the best methodologies and data for measuring the 70-percent thresholds and, if the thresholds have been met, what action might be warranted to achieve the statutory goals. See, notice of extension [PDF].

The House will meet at 10:00 AM for legislative business. The House may consider HR  5020, the "Intelligence Authorization Act for Fiscal Year 2007", subject to a rule. See, Republican Whip Notice.

8:00 AM. The Federal Communications Bar Association (FCBA) will host a breakfast. The speakers will be Sen. John Sununu (R-NH) and Rep. Rick Boucher (D-VA). Registrations and cancellations are due by 5:00 PM on April 20. The price to attend ranges from $30 to $55. See, registration form [PDF]. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

9:00 AM - 12:45 PM. The Cato Institute will host a conference titled "Copyright Controversies Freedom, Property, Content Creation, and the DMCA". Lunch will follow the program. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

SHORTENED TO ONE DAY. 9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee will meet. The BIS regulates exports. The agenda includes "VOIP Networks". See, original notice in the Federal Register, April 13, 2006, Vol. 71, No. 71, at Page 19164, and revised notice in the Federal Register, April 20, 2006, Vol. 71, No. 76, at Page 20389. For more information, contact Yvette Springer at 202-482-4814. Location: Hoover Building, Room 3884, 14th and Pennsylvania Ave., NW.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Parity, Platforms and Protection: The Future of the Music Industry in the Digital Radio Revolution". See, notice. The SJC frequently cancels or postpones hearings without notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee (HCC) will continue its mark up of HR __, the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act. See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735 or Terry Lane (Barton) at 202 225-5735. Location: Room 2123 Rayburn Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Technology will hold a hearing titled "Fostering Innovation in Math and Science Education". This hearing will address "the importance of science and mathematics education from kindergarten through graduate school in fueling future developments in the 21st Century’s high-tech innovation economy". Sen. John Ensign (R-NV) will preside. The witnesses will be Mary Ann Rankin (University of Texas at Austin), Paul Dugan (Washoe County School District), Thomas McCausland (Siemens Medical Solutions), and Ioannis Miaoulis (Museum of Science, Boston). 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. Location: Room 562, Dirksen Building.

10:00 AM. The Senate Finance Committee will hold a hearing titled "Authorizations of Customs and Trade Functions". See, notice. Location: Room 215, Dirksen Building.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Capitol Markets will hold a hearing titled "America’s Capital Markets: Maintaining Our Lead in the 21st Century". Location: Room 2128, Rayburn Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold an oversight hearing titled "The Department of Justice: Executive Office for United States Attorneys, Civil Division, Environment and Natural Resources Division, Executive Office for United States Trustees, and Office of the Solicitor General". The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141, Rayburn Building.

2:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominations. The SJC frequently cancels or postpones hearings without notice. The SJC frequently cancels or postpones hearings without notice. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Key Court Rulings Affecting Information Technology Practices and Stategies". It will cover "key recent court decisions affecting the protection, licensing and distribution of computer software, databases and other information content. It will also examine decisions on liability relating to the creation, use, procurement, security and support of information technology and information systems, the Internet and e-commerce". The speakers will include J.T. Westermeier (DLA Piper Rudnick Gray Cary). 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 National Institute of Standards and Technology (NIST) will host an event titled "FISMA Phase II Workshop on a Program for Accreditation of Information Security Assessment Services". See, notice. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

The House will meet at 10:45 AM for legislative business. The House may consider HR  5020, the "Intelligence Authorization Act for Fiscal Year 2007", subject to a rule. See, Republican Whip Notice.

SHORTENED TO ONE DAY. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee. The BIS regulates exports. The agenda includes "VOIP Networks". See, notice in the Federal Register, April 13, 2006, Vol. 71, No. 71, at Page 19164. For more information, contact Yvette Springer at 202-482-4814. Location: Hoover Building, Room 3884, 14th and Pennsylvania Ave., NW.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing titled "Patent Harmonization". The witnesses will be Todd Dickinson (General Electric Company), Robert Armitage (Eli Lilly and Company), Gary Mueller (Digital Now, Inc.), and Pat Choate (author of Hot Property: The Stealing of Ideas in an Age of Globalization). See, notice. The hearing will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

9:30 - 11:30 AM. The House Science Committee will hold a hearing on HR 5143, the "H-Prize Act of 2006". The purpose of this bill is to incent technological innovation by providing for the government to give monetary awards to businesses, universities, and individuals that innovate. It would apply only to hydrogen energy technologies. Location: Room 2318, Rayburn Building.

11:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) Advisory Committee for the 2007 World Radiocommunication Conference (WRC-07 Advisory Committee) will meet. See, notice in the Federal Register, March 1, 2006, Vol. 71, No. 40, at Page 10530. Location: FCC, 445 12th Street, SW., Room TW-C305.

2:15 PM. Day one of a two day conference hosted by the American Enterprise Institute (AEI) titled "Federal Preemption: Law, Economics, and Politics". See, notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org. Location: AEI, 12th floor, 1150 17th St., NW.

3:00 - 4:00 PM. The National Science Foundation's (NSF) National Science Board will hold a closed meeting to discuss vacancies. See, notice in the Federal Register, April 12, 2006, Vol. 71, No. 70, at Page 18779.

5:15 PM. Deadline to submit to the U.S. International Trade Commission (USITC) post-hearing statements and briefs regarding the probable economic effects of the proposed U.S.-Republic of Korea Free Trade Agreement. (The hearing is scheduled for April 20.) See, notice in the Federal Register, February 28, 2006, Vol. 71, No. 39, at Pages 10066-10067.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Protect and Promote Your Client's Artwork and Commercial Images". The speakers will include Allison Cohen (attorney) and Laura Possessky (Gura & Possessky). 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 comments to the Library of Congress's Copyright Office regarding its proposed fee increases, to take effect on July 1, 2006. See, notice in the Federal Register, March 28, 2006, Vol. 71, No. 59, at Pages 15368-15371.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding pulver.com's and Evslin's petition [18 pages in PDF] for a rulemaking regarding number porting in emergencies. See, FCC notice [PDF] and story titled "Pulver Asks FCC to Require Greater Number Porting in Emergencies" in TLJ Daily E-Mail Alert No. 1,329, March 14, 2006.

The Republican Whip Notice states that "there are no votes expected in the House".

9:00 AM. Day two of a two day conference hosted by the American Enterprise Institute (AEI) titled "Federal Preemption: Law, Economics, and Politics". At 9:00 AM, there will be a panel titled "Modern Preemption Regimes: Financial and Network Industries". The speakers will be Randy Picker (University of Chicago law school), Richard Epstein (University of Chicago law school), and Judge Douglas Ginsburg (U.S. Court of Appeals for the District of Columbia). Picker focuses on technology and network industries (see, SSRN author page), while Macey focuses on financial industries. See, notice. Press contact: Veronique Rodman at 202-862-4870 or VRodman at aei dot org. Location: AEI, 12th floor, 1150 17th St., NW.

10:00 AM. The Center for Democracy & Technology (CDT) will host an event. The CDT notice states that this is a "press-only breakfast briefing" regarding "prospects for technology-related legislation", including "privacy, electronic copyright, data security, government wiretapping and ``network neutrality,´´" and other topics. The speakers, all from the CDT, will be Jerry Berman, Leslie Harris, Jim Dempsey, Ari Schwartz, Nancy Libin, John Morris, Paula Bruening, and David Sohn. Breakfast will be served. RSVP to David McGuire at dmcguire at cdt dot org or 202- 637 9800 x106. Location: CDT, 1634 I Street, NW, 11th floor.

Extended deadline to submit comments to the Library of Congress's (LOC) Section 108 Study Group in response to the LOC's notice in the Federal Register regarding, among other topics, expanding the scope of 17 U.S.C. § 108. See, notice in the Federal Register, February 15, 2006, Vol. 71, No. 31, at Pages 7999-8002.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its draft [33 pages in PDF] of its "Special Publication (SP) 800-89: Recommendation for Obtaining Assurances for Digital Signature Applications".

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to ENUM LLC's petition for limited waiver to allow it to obtain North American Numbering Plan (NANP) numbering resources. See, FCC notice [PDF].

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to AT&T's April 7 petition for a limited waiver of section 61.42(g) of the FCC's rules so that it may exclude True IP to PSTN (TIPToP) service from any price cap basket in the upcoming 2006 annual access tariff filing. See, FCC notice [PDF].

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding privacy of consumer phone records. See, notice in the Federal Register, March 15, 2006, Vol. 71, No. 50, at Pages 13317-13323. See also, notice of extension [PDF]. The FCC adopted this NPRM on February 10, 2006, and released the text [34 pages in PDF] on February 14, 2006. See, story titled "FCC Adopts NPRM Regarding Privacy of Consumer Phone Records" in TLJ Daily E-Mail Alert No. 1,308, February 13, 2006, and story titled "FCC Rulemaking Proceeding on CPNI May Extend to Internet Protocol Services" in TLJ Daily E-Mail alert No. 1,310, February 15, 2006. This NPRM is FCC 06-10 in CC Docket No. 96-115 and RM-11277.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Tegic Communications, Inc. v. Board of Regents of the University of Texas. The U.S. District Court (WDWash) dismissed Tegic's complaint seeking a declaration that its software for hand held devices does not infringe the UT's U.S. Patent No. 4,674,112. The Court held that ii lacks subject matter jurisdiction because of 11th Amendment Immunity. See, Order Granting Motion to Dismiss [PDF]. See also, collection of pleadings and other documents. This case is App. Ct. No. 2005-1553 and D.C. No. C05-0723L. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "An Overview of Health Information Technology: Challenges and Opportunities". The speakers will include Mark Mantooth (Department of Health and Human Services), William Braithwaite (eHealth Initiative), Benjamin Butler (Crowell & Moring), and Robyn Diaz (MedStar Health). 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.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Competitive Technologies v. Fujitsu. This case is App. Ct. No. 2005-1237. Location: Courtroom 201, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Technology Licensing v. Thomson. This case is App. Ct. No. 2005-1562. Location: Courtroom 201, 717 Madison Place, NW.