5/1. Sen. Ted Stevens (R-AK), the Chairman of the Senate Commerce Committee, introduced S 2686 [135 pages in PDF], the "Communications, Consumer's Choice, and Broadband Deployment Act of 2006".

See also, statement [5 pages in PDF] by Sen. Stevens, and Sen. Stevens' section by section summary [7 pages in PDF].

Sen. Stevens (at right) said that this bill is "a working draft intended to stimulate discussion and is open for comments and suggestions for change." He also said that it would "spur innovation, encourage competition, and provide better service at a lower price for consumers."

The SCC issued a release that states that "The Committee will take up the bill during a two-step process. First, the Committee will hold two public hearings to consider the bill. Following this period of review, the Committee will hold an Executive Session after the Memorial Day recess to markup the legislation. Hearing dates and the Committee markup of the bill are to be determined."

This bill provides that IP enabled voice service providers are subject to universal service taxes, the interconnection provisions of 47 U.S.C. §§ 251 and 252, and to disability access regulation. It would further regulate state and local video franchising, but not provide for a national franchise.

It attempts to streamline the state and local franchising process for video services. However, it does not create a national franchise.

It regulates anticompetitive practices of MVPDs, and instructs the Federal Communications Commission (FCC) to revise and once again adopt it broadcast flag rule.

It permits public sector entities to provide broadband services, subject to non-discrimination principles, and a right of first refusal.

It requires the FCC to complete its broadcast white space rulemaking proceeding.

It contains further provisions regarding the transition to DTV.

It also permits the FCC to operate in greater secrecy.

It contains no network neutrality mandate. It contains almost nothing regarding electronic surveillance.

5/1. The following is a section by section summary of S 2686 [135 pages in PDF], the "Communications, Consumer's Choice, and Broadband Deployment Act of 2006", introduced by Sen. Ted Stevens (R-AK) on May 1, 2006.

Interoperability of Emergency Communications Systems. Title I is titled "War on Terrorism". However, its only significant provision addresses the interoperability of emergency communications systems.

This "War on Terrorism" title is misleading. This part of the bill contains nothing regarding wiretaps, interceps, bugs, access to stored communications, or other search, seizure or surveillance provisions. Nor does it amend the Communications Assistance for Law Enforcement Act (CALEA), mandate surveillance or data retention by service providers, or regulate the use or export of any communications, encryption, software or hardware products.

§ 103 (at page 4) calls for the FCC to "take such action as may be necessary to reduce the cost of calling home for Armed Forces personnel who are stationed outside the United States".

§ 151 (at pages 6 through 12) pertains to interoperability of emergency communications systems.

The House Commerce Committee's (HCC) COPE Act contains no war on terrorism related title. However, there is a proposal, which Rep. Joe Barton (R-TX) supports, to add a universal surveillance, or data retention, section. It is contained in an amendment [2 pages in PDF] offered, and withdrawn, at the HCC's mark up session on April 26, 2006, by Rep. Diana DeGette (D-CO).

The House bill also codifies by reference a provision regarding "the needs of law enforcement" in its Title II network neutrality provisions. The Stevens bill uses similar language in its network neutrality study provision.

Universal Service and VOIP Service. Title II of the bill is primarily directed at reforming the existing universal service tax and subsidy programs. However, it also addresses VOIP interconnection, and VOIP disability access regulation.

In contrast, HCC's COPE Act addresses neither universal service taxes nor subsidies.

Sen. Stevens said that "Our measure is based on a series of bills. The contribution mechanism we adopted is based on S. 2256, the Burns Universal Service Fund bill and S. 1583, the Smith-Dorgan measure which was also cosponsored by Senator Pryor. It authorizes the FCC to adopt a contribution mechanism based upon revenues, numbers, or connections. Such a step is necessary to stabilize this important program. It also includes Senator Smith’s concept of a separate broadband fund to address the needs of unserved areas."

He added that "We have included S. 241, the Snowe-Rockefeller ADA exemption after failing in our efforts to work this out as an issue with the Administration. While the Burns and Smith-Dorgan-Pryor bills were also the basis for our Universal Service Fund title, we also used important concepts from H.R. 5072, the Terry-Boucher bill, and we applaud them for their leadership in the House and thank them for their contribution to this effort. Lastly, we have included S. 2378, the Inouye measure which will improve the E-rate program for Native Americans. Senators McCain, Burns, Dorgan, and I have joined in cosponsoring that bill."

§ 211 (at page 12-19) addresses universal service taxes. It provides that the FCC may tax "the interstate, intrastate, or international portions of communications service". It permits service providers to inform their customers on bills that they are being taxed.

The bill also expands the tax base to include broadband service and certain VOIP services. The taxed communications service providers are any "telecommunications service, broadband service, or IP-enabled voice service (whether offered separately or as part of a bundle of services)". (Parentheses in original.)

The bill then defines "IP-enabled voice service" to mean "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." (Parentheses in original.)

§ 212 (at pages 19-21) makes some modifications to the FCC's e-rate tax and subsidy program for schools and libraries.

§ 213 (at page 21-22) pertains to modification of the rural video service exemption and interconnection.

§ 214 (at pages 22-23) provides that "IP-enabled voice service provider shall have the same rights, duties, and obligations as a requesting telecommunications carrier under sections 251 and 252, if the provider elects to assert such rights" and "shall have the same rights, duties, and obligations as a telecommunications carrier under sections 225, 255, and 710."

§ 215 (at pages 23-27) addresses universal service subsidies and broadband. It first provides that after five years, entities are not eligible for subsidies if they do not provide broadband service, or obtain an FCC waiver. The bill provides that "an eligible communications carrier may not receive universal service support under section 254 more than 60 months after the date of enactment of the Internet and Universal  Service Act of 2006 if it has not deployed broadband service within its service area before the end of that 60-month period unless it receives a waiver".

§ 252 (at page 27-32) of the bill creates a universal service account titled "Broadband for Unserved Areas Account".

§ 253 (at pages 32-33) addresses eligibility of universal service subsidies generally.

§ 254 (at page 33) provides that the FCC, in giving subsidies, "shall not limit such distribution and use to a single connection or primary line, and all residential and business lines served by an eligible telecommunications carrier shall be eligible for Federal universal service support."

§ 255 (at pages 33-34) addresses phantom traffic. § 256 (at page 35) provides for random audits. § 257 (at pages 35-37) addresses waste, fraud, and abuse of the universal service programs.

Video Franchising. Title III pertains to video franchising. The HCC's COPE Act would create a national cable franchise. In contrast, the Stevens bill would amend 47 U.S.C. § 521, et seq. It would not create a national franchise. Rather, it would further regulate the state and local franchising process.

Sen. Stevens stated that these provisions are based "largely on legislation introduced by Senator Ensign, S. 1504, cosponsored by Senators McCain, Lott, DeMint, and Vitter. Senators Smith and Rockefeller introduced a similar measure. Consistent with the Inouye/Burns Principles, the measure retains local franchise involvement, but is based upon the Alaska model which uses expedited procedures, consistent with what is called the shot clock principle in the Inouye/Burns Principles."

§ 311 (at pages 37-39) replaces the term "cable operator" with "video service provider", and requires the FCC to conduct rulemaking proceeding to implement other provisions of Title III of the bill.

§ 312 (at pages 39-42) provides that "It is the purpose of this title to establish a comprehensive Federal legal framework for the franchising of video services that use public rights-of-way."

It further provides that "a franchising authority shall grant a franchise to provide video service with in its franchise area to a video service provider within 30 calendar days after receiving a franchise application from the video service provider that is complete ...", and that franchising authorities shall use a standard application form devised by the FCC.

It also provides that "No State or local government may regulate direct broadcast satellite services".

§ 313 (at pages 42-43) sets forth the basics of the standard application form, and § 314 (at pages 44-47) provides definitions.

§ 331 (at pages 47-64) contains details regarding state and local franchising.

§ 332 (at pages 64-66) addresses revocation and renewal of franchises.

§ 333 (at pages 66-69) addresses public, educational and governmental (PEG) access and institutional network (iNet) obligations of video service providers. § 334 (at page 69) pertains to services, facilities and equipment. § 337 (at pages 69-70) pertains to shared facilities and access to programming for shared facilities. § 338 (at page 71) pertains to consumer protection. § 339 (at pages 72-73) pertains to redlining.

§ 351 (at pages 73-75) contains miscellaneous provisions regarding video services. In particular, this section provides that "No provision of this title shall be construed to prohibit a local or municipal authority that is also, or is affiliated with, a franchising authority from operating as a multichannel video programming distributor in the franchise area, notwithstanding the granting of one or more franchises by the franchising authority."

§ 381 (at pages 76-79) provides for effective dates, and the phase in, of the provisions of the video franchising provisions of this bill.

Video Content, Anticompetitive Conduct by MVPDs, and Broadcast Flags. Title IV pertains to regulation of video content. There is no parallel provision or set of provisions in the HCC's COPE Act.

Sen. Stevens said that "While satellite companies are barred from hoarding exclusive sports programs, the so-called terrestrial loophole does not impose the same mandate on cable companies. As a result, through the acquisition of regional sports networks by cable operators, competition with satellite providers has been stymied. The Sports Freedom Act included in this bill is patterned after a provision in the Ensign Bill which is cosponsored by Senators McCain, Lott, DeMint, and Vitter."

§§ 401-403 are named the "Sports Freedom Act of 2006". It gives the FCC authority to adjudicate complaints against multichannel video programming distributors (MVPDs) for violations of competition law principles to be articulated by the FCC in regulations.

§ 402 (at pages 79-96) provides, in part, that "It is unlawful for an MVPD, an MVPD programming vendor in which an MVPD has an attributable interest, or a satellite broadcast programming vendor to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any MVPD from providing MVPD programming or satellite broadcast programming to subscribers or consumers."

It further requires the FCC to write implementing regulations, and provides detailed guidance to the FCC on how to write these regulations. It also provides that aggrieved parties have the remedy of an adjudicatory proceeding at the FCC. It sets forth procedures and remedies in these proceedings. It also provides exemptions for certain existing contracts.

Finally, it provides that "Any provision that applies to an MVPD under this section shall apply to a common carrier or its affiliate that provides video programming by any means directly to subscribers."

§ 431 (at page 96) is a provision designed to benefit the states of Alaska and Hawaii, which are represented by the Chairman and ranking Democrat on the Committee. It provides that "Notwithstanding any other provision of law, before the Federal Communications Commission grants a license under the Communications Act of 1934 (47 U.S.C. 151 et seq.) to a satellite carrier (as defined in section 338(k)(5) of that Act (47 U.S.C. 338(k)(5))), it shall ensure that, to the greatest extent technically feasible, if the license is granted the service provided by that carrier pursuant to the license will be available to subscribers in the noncontiguous States to the same extent as that service is available to subscribers in the contiguous States." (Parentheses in original.)

§§ 451-454 are named the "Digital Content Protection Act of 2006"

§ 452 (at page 97-99) requires the FCC "to implement its Report and Order in the matter of Digital Broadcast Content Protection, FCC 03-273 and its Report and Order in the matter of Digital Output Protection Technology and Recording Method Certifications, FCC 04-193". FCC 03-273 is better known as the FCC's broadcast flag rule. On May 6, 2005, the U.S.Court of Appeals (DCCir) issued its opinion [34 pages in PDF] in American Library Association v. FCC, overturning these broadcast flag rules, for lack of statutory authority. See, story titled "DC Circuit Reverses FCC's Broadcast Flag Rules" in TLJ Daily E-Mail Alert No. 1,131, May 9, 2005. This bill would give the FCC authority, and instructions, to rewrite its broadcast flag rule.

§ 453 (at pages 99-100) then authorizes the FCC to promulgate digital audio broadcast flag rules. And finally, § 454 (at pages 100-105) would set up a Digital Audio Review Board.

Municipal Broadband, Non-Discrimination, and Right of First Refusal. Title V pertains to municipal provision of services. There is a related provision in the HCC's COPE Act. However, the COPE Act does not contain the same degree of specificity in the non-discrimination provisions; nor does it contain a right of first refusal provision, as does Sen. Stevens' bill.

Sen. Stevens stated that "the bill we introduce today will allow local governments to offer their own broadband service, so long as they do not compete unfairly with the private sector. The provision is based largely on Senator McCain’s and Lautenberg’s bill, S. 1294 cosponsored by Senator Kerry, but includes elements to protect the private sector from unfair government competition from Senator Ensign’s bill, S. 1504 which is also cosponsored by McCain, Lott, DeMint, and Vitter."

§ 502 (at pages 105-111) provides that "No State or local government statute, regulation, or other State or  local government legal requirement may prohibit or have the effect of prohibiting any public provider from providing, to any person or any public or private entity, advanced communications capability or any service that utilizes the advanced communications capability provided by such provider."

However, it goes on to set forth in detail that state and local governments cannot discriminate in favor of their own services. For example, it provides that "To the extent any public provider regulates competing providers of advanced communications capability, it shall apply its ordinances and rules and policies, including those relating to the use of public rights-of-way, permitting, performance bonding and reporting, without discrimination in favor of itself or any advanced communications capability provider that it owns or is affiliated with, as compared to other providers of such capability or services."

It also provides that "If a public provider initiates a project to provide advanced communications capability to the public, it shall grant to a requesting non-governmental entity the right to place similar facilities in the same conduit, trenches, and locations as the public provider for concurrent or future use under the same conditions as the public provider. A public provider may limit, or refuse to grant, such a right to a requesting non-governmental entity with respect to any such conduit, trench, or location for public safety reasons."

It also provides that the same laws must apply to both the public sector provider and the private sector competitor.

The bill also includes a right of first refusal.

Broadcast White Space. Title VI pertains to the use of broadcast white space for wireless broadband services.

§§ 601 and 602 are named the "Wireless Innovation Act of 2006" or the "WIN Act of 2006". § 602 (at pages 111-114) requires the FCC to complete its broadcast white space rulemaking proceeding, to permit unlicensed, non-exclusive use of unassigned, non-licensed television broadcast channels.

This is based upon a bill sponsored by Sen. George Allen (R-VA) and others. On February 17, 2006, Sen. Allen introduced S 2327, the "Wireless Innovation Act of 2006". See, story titled "Sen. Allen Introduces Bill to Allow Unlicensed Wireless Use of Broadcast White Space" in TLJ Daily E-Mail Alert No. 1,314, February 21, 2006.

Sen. Stevens commented that his bill "adds some protections that broadcasters requested to prevent harmful interference by requiring any new device to be tested in an FCC certified lab before deployment." He added that "The concept of using vacant TV channels for broadband deployment through Wi-Fi, Wi-Max and other technologies is strongly endorsed by consumer groups and the technology community."

DTV Transition. Title VII pertains to digital television. § 701 (at pages 111-128) pertains to the DTV transition.

Sen. Stevens stated that "This legislation includes guidance on the DTV transition that was not possible in the Reconciliation bill because, again, of the Byrd Rule. Much of the language we included is based on a provision Senator Inouye worked on to address consumer education issues. It also includes an international coordination element requested by Senator Hutchison to address interference on the U.S.-Mexico border that will also benefit other border states, such as our home State of Alaska, Washington, Montana, North Dakota, and Maine."

§ 702 (at pages 129-130) contains a digital stream requirement for the blind.

Sen. Stevens said that "we have included S. 900, Senator McCain’s Television Information Enhancement for the Visually Impaired Act which Senator Inouye and I cosponsored, along with Senator Smith. That bill authorizes an existing FCC rule requiring TV stations to offer some video description of television shows so blind listeners may be able to follow the action. The existing rule was struck down by the courts on the grounds that the FCC lacked authority for such a rule. Today this bill will provide them the authority they need. As the son of a father who was blind for a period of time, this is an issue of personal importance to me."

Finally, § 703 (at pages 130) pertains to international coordination.

Child Porn (CP). Title VIII pertains to CP. § 801 (at pages 130-131) provides that the FCC shall "promulgate regulations to require a video service to prevent the distribution" of CP.

Network Neutrality. Title IX pertains to network neutrality. There is no network neutrality mandate. The bill only requires the FCC to study, report, and make recommendations.

§ 901 (at pages 131-132) provides that the FCC shall report annually on "(1) the developments in Internet traffic processing, routing, peering, transport, and interconnection; (2) how such developments impact the free flow of information over the public Internet and the consumer experience using the public Internet (3) business relationships between broadband service providers and applications and online user services; and (4) the development of and services available over public and private Internet offerings." It also allows the FCC to make recommendations.

It also includes an extraneous reference to the "needs of law enforcement agencies". The FCC policy statement incorporated into the HCC COPE Act has similar language.

FCC Secrecy. Title X is is titled "Miscellaneous".

§ 1001 (at pages 132-134) pertains to FCC transparency. The FCC currently conducts many of its activities and operations with a lack of transparency. The FCC evades, and sometimes violates, various provisions of Title 5 of the U.S. Code intended to promote transparency. This section of Sen. Stevens' bill relaxes some Title 5 requirements regarding public meetings so that the FCC may more conveniently act in secrecy.

§ 1002 (at pages 134-135) is a standard severability clause.

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 numerous items under suspension of the rules, including HR 4943, the "Prevention of Fraudulent Access to Phone Records Act". See, Republican Whip Notice.

The Senate will meet at 9:45 AM. It will resume consideration of HR 4939, the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006".

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in All Computers v. Intel. This case is App. Ct. No. 2005-1271. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The Institute for Policy Innovation (IPI) will host a lunch titled "How States Have Succeeded With Video Franchise Reform". The speakers will be Meredith Attwell (NTIA), Brandt Hershman (Indiana State Senate), Stephen Shannon (Virginia House of Delegates), Barry Aarons (IPI), and Bartlett Cleland (IPI). RSVP (media) to Sonia Blumstein at soniab at ipi dot org or 703- 912-5742, or to Vikki Trantham at vtrantham at ipi dot org or 972-874-5139 Location: Charlie Palmer Steak Restaurant, 101 Constitution Ave., NW.

1:30 - 5:30 PM. The National Commission on Libraries and Information Science (NCLIS) will hold a closed meeting. See, notice in the Federal Register, April 21, 2006, Vol. 71, No. 77, at Page 20732. Location: National Library of Medicine, Conference Room B, NIH Building 38, Room 2S04, 8600 Rockville Pike, Bethesda, MD.

2:30 AM. The Senate Commerce Committee's (SCC) Subcommittee on Science and Space will hold a hearing on the National Science Foundation (NSF). Sen. Kay Hutchison (R-TX) will preside. The witnesses will be Arden Bement (NSF Director), Warren Washington (NSF Chairman), Alan Leshner (American Association for the Advancement of Science), Jerome Odom (former Provost of the University of South Carolina). See, notice. Press contact: Melanie Alvord (Stevens) at 202-24-8456, Aaron Saunders (Stevens) at 202-224-3991, or Andy Davis (Inouye) at 202-224-4546. Location: Room 562, Dirksen Building.

Day one of a four day conference hosted by the Association for Computing Machinery titled "16th Annual Conference on Computer, Freedom and Privacy". See, conference web site. Location: L'Enfant Plaza Hotel.

Deadline to submit comments to the President's National Security Telecommunications Advisory Committee (NSTAC) regarding its May 10, 2006, meeting. See, notice in the Federal Register, April 27, 2006, Vol. 71, No. 81, at Page 24859.

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

9:30 AM - 2:00 PM. The Federal Society will host an event titled "Telecommunications Federalism Conference". RSVP to 202- 822-8138 to RSVP. Attendance if free. However, CLE participation costs $25. Lunch will be served. See, notice and registration page. Location: Capitol Hill Club, 300 1st Street, SE.

9:30 AM. The Federal Communications Commission (FCC) will hold an event titled "Open Meeting". The agenda [3 pages in PDF] includes consideration of further administrative amendments to the 1994 Communications Assistance for Law Enforcement Act (CALEA). Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will meet to mark up two bills, including HR 4777, the "Internet Gambling Prohibition Act". The meeting will be webcast by the HJC. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The House Financial Services Committee will hold a hearing titled "Protecting Investors and Fostering Efficient Markets: A Review of the S.E.C. Agenda". Location: Room 2128, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "The Role of the National Science Foundation in K-12 Science and Math Education". The witnesses will be Dennis Bartels, Joseph Heppert, Rebecca Pringle, and Judy Snyder. The hearing will be webcast by the HSC. Location: Room 2318, Rayburn Building.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the ITU Plenipotentiary Conference 2006 on November 6-24, 2006, in Ankara, Turkey. See, notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page 15798. Location: __.

10:30 AM. The House Education and Workforce Committee will hold a hearing titled "Building American Competitiveness: Examining the Scope and Success of Existing Federal Math and Science Programs". Location: Room 2175, Rayburn Building.

TIME CHANGE. 2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Digital Content and Enabling Technology: Satisfying the 21st Century Consumer". The witnesses will be Gary Parsons (Chairman of XM Satellite Radio), Michael Ostroff (Universal Music Group), Dan Halyburton (Susquehanna Radio, on behalf of the NAB), Robert Regan (Nashville Songwriters Association International), and Jeffery Lawrence (Intel). See, notice. Press contact: Larry Neal (Barton) at 202 225-5735 or Paul Flusche (Stearns) at 202 225-5744. The hearing will be webcast by the HCC. Location: Room 2322, Rayburn Building.

2:00 PM. The House Commerce Committee's (HCC) Subcommittee on Subcommittee on Oversight and Investigations will hold a hearing titled "Sexual Exploitation of Children Over the Internet: What Parents, Kids and Congress Need to Know About Child Predators". This hearing may address proposals to mandate data retention. See, notice. Press contact: Larry Neal (Barton) at 202 225-5735. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

TIME? The Office of the U.S. Trade Representative (USTR) will hold a hearing on the proposed free trade agreement (FTA) between the U.S. and Malaysia. The USTR seeks comments and testimony on "electronic commerce issues", "trade-related intellectual property rights issues", "barriers to trade in services", and other topics. See, notice in the Federal Register, March 22, 2006, Vol. 71, No. 55, at Pages 14558-14559. Location: __.

Day two of a four day conference hosted by the Association for Computing Machinery titled "16th Annual Conference on Computer, Freedom and Privacy". See, conference web site. Location: L'Enfant Plaza Hotel.

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

9:30 AM. The Senate Judiciary Committee's (SJC) may hold an executive business meeting. See, notice. The SJC frequently cancels or postpones hearings without notice. Press contact: 202-224-5225. Location: Room 226, Dirksen Building.

1:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on the Constitution, Civil Rights & Property Rights will hold an executive business meeting. See, notice. Press contact: 202-224-5225. Location: Room 226, Dirksen Building.

2:00 PM. The House International Relations Committee's (HIRC) Subcommittee on Oversight and Investigations will hold a hearing titled "Technology and Counterproliferation". See, notice. Location: Room 2172, Rayburn Building.

2:00 - 4:00 PM. The Department of State's International Telecommunication Advisory Committee will meet to prepare for meetings of the Organization for Economic Co-operation and Development (OECD) WPIE and CISP committee meetings of May 29-31, 2006. See, notice in the Federal Register, April 19, 2006, Vol. 71, No. 75, at Pages 20153-20154. Location: Room 2533, Harry Truman Building, 2201 C Street, NW.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Trade, Tourism, and Economic Development Hearing will hold a hearing titled "Promoting Economic Development Opportunities Through Nano Commercialization". Sen. Gordon Smith (R-OR) will preside. The hearing will be webcast by the SCC. 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.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of proposed rulemaking (NPRM) regarding changes to certain rules affecting practice before the Trademark Trial and Appeal Board. See, notice in the Federal Register, March 27, 2006, Vol. 71, No. 58, at Pages 15097-15098.

Day three of a four day conference hosted by the Association for Computing Machinery titled "16th Annual Conference on Computer, Freedom and Privacy". See, conference web site. Location: L'Enfant Plaza Hotel.

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

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in ACE v. FCC. This is a challenge to the Federal Communications Commission's (FCC) 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 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. See also, story titled "FCC CALEA Order Challenged" in TLJ Daily E-Mail Alert No. 1,240, Wednesday, October 26, 2005. See also, ACE brief [71 pages in PDF] and FCC brief [52 pages in PDF]. This case is American Council on Education, et al. v. FCC and USA, U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 05-1404, 1408, 1438, 1451 and 1453, Judges Sentelle, Brown and Edwards presiding. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:00 NOON. The Cato Institute will host a program titled "Cato Scholars Square Off: Resolved: The Bush NSA Surveillance Program Is Illegal". The speakers will be the Cato Institute's Robert Levy and Roger Pilon. Lunch will follow the program. See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

Day four of a four day conference hosted by the Association for Computing Machinery titled "16th Annual Conference on Computer, Freedom and Privacy". See, conference web site. Location: L'Enfant Plaza Hotel.

? May 5 may be the deadline to submit reply 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. The FCC's notice [PDF] states that this deadline both May 5 and May 9.

9:30 AM - 5:00 PM. The Antitrust Modernization Commission (AMC) will hold another in a series of hearings. This one will address criminal remedies and civil remedies. See, notice in the Federal Register, April 21, 2006, Vol. 71, No. 77, at Page 20643. Location: Federal Trade Commission (FTC), Conference Center, 601 New Jersey Ave., NW.

Day one of a two day conference hosted by the American Cable Association (ACA) titled "Washington Summit". See, event brochure [PDF]. Location: __.

Deadline to submit reply 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.

Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for three members of the Patent Public Advisory Committee and for three members of the Trademark Public Advisory Committee. See, notice in the Federal Register, March 15, 2006, Vol. 71, No. 50, at Pages 13358-13359.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of proposed rulemaking (NPRM) that proposes to eliminate the Disclosure Document Program. See, notice in the Federal Register, April 6, 2006, Vol. 71, No. 66, at Pages 17399-17401.

9:00 AM - 3:00 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, April 26, 2006, Vol. 71, No. 80, at Pages 24645-24646. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Earthlink v. FCC, App. Ct. No. 05-1087. This is a petition for review of Federal Communications Commission (FCC) orders granting petitions for forbearance from the obligations of 47 U.S.C. § 271 to provide unbundled access to certain broadband elements. See, FCC brief [50 pages in PDF]. Judges Sentelle, Brown and Edwards will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

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: __.

Day two of a two day conference hosted by the American Cable Association (ACA) titled "Washington Summit". See, event brochure [PDF]. Location: __.

? May 9 may be the deadline to submit reply 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. The FCC's notice [PDF] states that this deadline both May 5 and May 9.

5/1. President Bush nominated John Kneuer to be Assistant Secretary of Commerce for Communications and Information. That is, Bush picked Kneuer to be the head of the National Telecommunications and Information Administration (NTIA). He has been the acting head since Mike Gallagher's departure. Kneuer previous worked for the law firm of DLA Piper Rudnick. See, White House release and release.

5/1. Tiffany Moore was named Assistant U.S. Trade Representative (USTR) for Intergovernmental Affairs and Public Liaison. She previously worked for the Kellogg Company. Before that, she worked for Rep. Fred Upton (R-MI). See, USTR release.

5/1. The Supreme Court denied certiorari in Charter Communications v. Broadcast Innovation, a patent case involving a distributed database system with applicability to data broadcasting and data casting communications media. See, Order List [10 pages in PDF] at page 2, and Supreme Court docket. This case is Charter Communications, Inc. v. Broadcast Innovation, et al., Sup. Ct. No. 05-1162, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 05-1008. The Court of Appeals heard an appeal from the U.S. District Court for the District of Colorado, Judge Alan Johnson presiding.

5/1. The Center for Democracy and Technology (CDT) released a memorandum [4 pages in PDF] titled "Mandatory Data Retention -- Invasive, Risky, Unnecessary, Ineffective". It responds to, and criticizes, proposals by Attorney General Alberto Gonzales and Rep. Diana DeGette (D-CO) to require ISPs, IP communications services providers, and other IP based service providers to surveil their users, and store communications and records for future government retrieval. The CDT wrote that "These proposals raise serious concerns about privacy, security, cost, and effectiveness."

5/1. The Government Accountability Office (GAO) released a report [29 pages in PDF] titled "Information Technology: Near--Term Effort to Automate Paper-Based Immigration Files Needs Planning Improvements".

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