5/11. President Bush spoke briefly at the White House to defend the surveillance activities of the National Security Agency (NSA). See, transcript.

He said that "Today there are new claims about other ways we are tracking down al Qaeda to prevent attacks on America." He was speaking of an article published on May 11, 2006 by the USA Today, a daily newspaper, in both its paper edition, and in its web site.

The USA Today article, titled "NSA has massive database of Americans' phone calls", states that "The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY."

The article adds that "Customers' names, street addresses and other personal information are not being handed over as part of NSA's domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information."

Bush responded. "I want to make some important points about what the government is doing and what the government is not doing. First, our international activities strictly target al Qaeda and their known affiliates. Al Qaeda is our enemy, and we want to know their plans. Second, the government does not listen to domestic phone calls without court approval. Third, the intelligence activities I authorized are lawful and have been briefed to appropriate members of Congress, both Republican and Democrat. Fourth, the privacy of ordinary Americans is fiercely protected in all our activities."

Bush continued that "We're not mining or trolling through the personal lives of millions of innocent Americans. Our efforts are focused on links to al Qaeda and their known affiliates. So far we've been very successful in preventing another attack on our soil."

He added that "As a general matter, every time sensitive intelligence is leaked, it hurts our ability to defeat this enemy. Our most important job is to protect the American people from another attack, and we will do so within the laws of our country."

Neither President Bush, nor the USA Today story, revealed much about the nature of the program.

The article does not state who disclosed information about the program. It does not state what legal authority and arguments the NSA relies upon. It does not state whether this data is being collected in real time, whether the telephone companies are transfering data afterwards, or what. While it states that the NSA has collected "phone call records", it does not clarify whether the NSA is also collecting records regarding e-mail and other internet protocol based communications.

Sen. Bill Nelson (D-FL), a member of the Senate Commerce Committee (SCC), wrote a letter to Sen. Ted Stevens (R-AK), the Chairman of the SCC, in which he asked Sen. Stevens "to immediately schedule Commerce Committee hearings and call the chief executive officers of these companies to testify about their companies' participation in the program".

Sen. Nelson (at left) added that "federal communications law generally prohibits telecommunications companies from giving out information about their customers' calling habits. Only in narrow circumstances is law enforcement permitted to gain access to such information. I am extremely concerned about the potential implications of this program on Americans' personal privacy, and I believe immediate hearings are necessary to understand the role of the phone companies in this program".

Sen. Patrick Leahy (D-VT), the ranking Democrat on the Senate Judiciary Committee (SJC), spoke at a SJC meeting on May 11. He stated that "Despite the Attorney General's continuing refusal to answer my questions and others about the Government’s collective massive databases on ordinary Americans, we now are beginning to learn the truth." See, opening statement.

Sen. Leahy cited the USA Today story, and commented that "This secret collection of phone call records of tens of millions of Americans includes ordinary Americans not suspected of any crime or any contact with al Qaeda. The President concealed the NSA eavesdropping program when he reassured all Americans that when this Administration talks about a wiretap that requires a court-ordered search warrant. We now know that he had been having the NSA engage in warrantless wiretaps Americans since October 2001. So while the Administration has tried to reassure us about the NSA domestic spying activities by characterizing them in the most narrow and self-serving terms, as if they were merely listening to Osama bin Laden calling into the United States, I have had my doubts. We need truthful answers to the questions we asked of the Attorney General back in February."

He added that "today we learn that the Administration has shut down the Department of Justice investigation into the NSA wiretapping program that was to be conducted by the Office of Professional Responsibility. Reports are that the White House will not allow Justice Department investigators the security clearances they need to do their job. This is an internal government investigation that is being stymied by the White House. This further complicates the nomination of Steven G. Bradbury, the acting Assistant Attorney General for the Office of Legal Counsel ..."

Jim Harper (at right), Director of Information Policy Studies at the Cato Institute, said that "This can no longer be called a 'terrorist surveillance program' because the surveillance extends to every American's phone calling."

Harper stated that "It is unlikely that authorities could restrict their use of a database of all Americans' phone calls. If it hasn’t been put to new purposes yet, before long this database will be used for general investigative purposes. As we’ve seen in the past, surveillance powers given to government officials are ultimately used even for political purposes."

"It flies in the face of Fourth Amendment principles that call for reasonableness or probable cause. It is not reasonable to monitor every American’s phone calling in a search for terrorists." Harper added that "The program was not authorized by Congress and it flies in the face of Congress’ intent when it defunded the Total Information Awareness program because of concerns about the privacy consequences of 'data mining.' "

The Center for Democracy and Technology (CDT) released a report titled "Illegal NSA Data Mining Highlights Need for Congressional Oversight". The CDT wrote that "It is not clear whether the government acquired the massive stream of data involved by tapping into the systems of telephone companies in real-time or whether the information was obtained retrospectively from records logged by the carriers."

But, "If the program involved real-time interception, it probably violated both the Foreign Intelligence Surveillance Act (FISA) and the statute on interception of call detail information in criminal cases. Both statutes require a court order for interception of information about calling patterns, even if the content of communications is not collected."

On the other hand, the CDT wrote, "If the government acquired the information not in real-time, but from the records of the communications companies, two separate provisions of law seem to prohibit the conduct at issue here." The CDT cited 47 U.S.C. § 222 and 18 U.S.C. § 2702.

Anthony Romero, Executive Director of the ACLU, stated in a release that "The NSA spying program is not only focused on terrorists or international calls. The government is clearly tracking the calls and communications of millions of ordinary Americans and that's just plain wrong. This news serves only as further proof of how far we have slid into an abuse of power that undercuts the values Americans hold dear."

The story published by the USA Today comes at an inopportune time for the three telephone companies identified in the story, AT&T, BellSouth and Verizon.

They are currently endeavoring to convince Representatives and Senators to pass major legislation that would create a national video franchise, and not include any meaningful network neutrality mandate. The telephone companies, and cable companies, have essentially asked the Congress to trust that they will not discriminate in the build out and offering of video services, and to trust that they will not discriminate in providing access to their broadband access facilities. The disclosure by USA Today might diminish that trust, as to AT&T, BellSouth and Verizon.

There is also the matter of the FCC's CALEA proceeding. There is a pending challenge to the FCC's August 5, 2005, order that announced that facilities based broadband service providers and interconnected voice over internet protocol (VOIP) providers are subject to requirements under the Communications Assistance for Law Enforcement Act (CALEA).

On May 5, 2006, a three judge panel of the U.S. Court of Appeals (DCCir) heard oral argument. Two judges indicated that they might overturn the FCC's order as to broadband service providers. See, story titled "Court of Appeals Hears Oral Argument in Challenge to FCC's August 5 CALEA Order" in TLJ Daily E-Mail Alert No. 1,365, May 8, 2006.

If the Court of Appeals were to vacate the FCC's order, in full or in part, and the DOJ were to seek Congressional amendment of the CALEA, then the present disclosure regarding NSA activities could undermine that legislative effort.

In addition, AT&T and BellSouth have announced their plans  to merge, but have not yet received regulatory approval. This requires approvals from the FCC and DOJ, which recently approved the mergers of AT&T and SBC, and Verizon and MCI. (The open FCC proceeding is Docket No. 06-74.) AT&T's and BellSouth's cooperation with the NSA may have enhanced their ability to win regulatory approval.

5/8. The U.S. Court of Appeals (7thCir) issued its opinion [PDF] in Peeler v. MCI, affirming the judgment of the District Court. Sallie Peeler filed a complaint in state court in Illinois against MCI regarding its installation of fiber optic cable along an abandoned railroad right of way in which Peeler claims an interest as the owner of an adjacent parcel. MCI removed the action to federal court.

She sought to enjoin the installation. MCI has already installed the cable. The Court of Appeals ruled that her request to enjoin the installation is now moot.

MCI also filed a bankruptcy petition. Peeler did not file a claim. MCI obtained a general discharge. The Court of Appeals held that this extinguished her state law claims. It wrote that "Claims based on the existence of the underground conduit, and the cable's use to transmit photons that carry voice and data traffic, have been discharged."

However, the Court of Appeals affirmed and remanded, holding that there is one item that remains open. MCI also installed a fiber box on the land in which Peeler asserts an interest. The Court of Appeals wrote that "This structure, which permits workers to access the cable should it need repair or replacement, occupies about 15 square feet of the surface. Any obligation to pay compensation on account of the box's existence has been discharged; but if MCI should use the box in the future to access the underground cable then the repair teams would re-enter Peeler’s land. MCI lacks Peeler’s consent to do this." The Court concluded that "Because the possibility of future entries to repair existing cable was not the basis of Peeler's motion for equitable relief in 2001, it does not provide any basis for disturbing the district court’s decision. But it does show that the case is not moot."

The Court of Appeals added that "Before the district court takes up whether Indiana law entitles Peeler to either an injunction against future entry or compensation for an easement, it must decide whether Peeler has the ownership interest she asserts. MCI denies that she has any legal interest in the land on which the fiber box sits. If Peeler does have a property interest -- and if MCI has not secured an easement through condemnation proceedings in state court, ... the district court must decide whether to certify the proceeding as a class action, as Peeler has proposed."

This case is Sallie Peeler v. MCI, Inc. and MCI WorldCom Network Services, Inc., App. Ct. No. 01-3019, an appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, D.C. No. IP 01-983-C-Y/G, Judge Richard Young presiding. The Court of Appeals issued a per curiam opinion in which Judges Easterbrook and Wood joined.

5/11. The U.S. Court of Appeals (FedCir) issued its opinion [PDF] in Inpro II Licensing v. T-Mobile, a patent case involving personal digital assistants (PDAs) in which the Court of Appeals affirmed the District Court's judgment of noninfringement. This case is Inpro II Licensing S.A.R.L. v. T-Mobile USA, Inc., Research in Motion, Ltd, and Research in Motion Corporation, App. Ct. No. 05-1233, an appeal from the U.S. District Court for the District of Delaware, D.C. No. 03-1074. Judge Pauline Newman wrote the opinion of the Court of Appeals, in which Judges Dyk and Prost joined.

5/11. The Progress and Freedom Foundation (PFF) released a paper [5 pages in PDF] titled "The DMCA Dialectic: Towards Constructive Criticism". The author is Solveig Singleton of the PFF.

5/11. The Federal Communications Commission (FCC) released an Order [8 pages in PDF] that adopts a consent decree affecting Pilot Travel Centers LLC. The consent decree, which is attached to the order, states that pertains to marketing of Amateur Radio Service (ARS) devices products that can easily be converted by consumers into Citizens Band (CB) devices. ARS devices are not subject to the FCC's equipment authorization rules, while CB devices are. Pilot agreed to get FCC approvals, and pay a $90,000 fine (identified in the consent decree as a "voluntary contribution"). The FCC adopted this order on May 1, and released it on May 11. It is FCC 06-53 in File No. EB-03-DL-099.

5/9. Federal Communications Commission (FCC) Commissioner Deborah Tate gave a video recorded speech [4 pages in PDF] to the Rural Wireless Association.

5/9. The Federal Communications Commission (FCC) released an item [37 pages in PDF] titled "Declaratory Ruling and Notice of Proposed Rulemaking" in its proceeding titled "In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities". This item declares that "a Video Relay Service (VRS) provider may not receive compensation from the Interstate TRS Fund (Fund) if it blocks calls to competing VRS providers". The FCC adopted this item at its meeting of May 3, 2006. It is FCC 06-57 in CG Docket No. 03-123.

5/8. The Federal Communications Commission (FCC) released a Further Notice of Proposed Rulemaking (NPRM) [14 pages in PDF] in its proceeding titled "In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities [;] Misuse of Internet Protocol (IP) Relay Service And Video Relay Service". The FCC adopted this item at its meeting of May 3, 2006. It is FCC 06-58 in CG Docket No. 03-123.

5/2. The U.S. Court of Appeals (9thCir) issued its opinion [5 pages in PDF] in Mattel v. Carter Bryant, a dispute involving intellectual property rights. However, the issue on appeal involved the effect of a non-indispensible intervenor upon the diversity jurisdiction of the federal court. Mattel (a Delaware corporation headquartered in California) filed a complaint in state court in California against Carter Bryant (a resident of Missouri) alleging breach of contract and various torts, all state law claims. Bryant removed the action to U.S. District Court, based upon diversity of citizenship. MGA Entertainment (also a California corporation) intervened to protect its intellectual property rights. The District Court held, and the Court of Appeals affirmed, that MGA is not an indispensible party, and hence, its intervention does not defeat diversity of citizenship. The Court wrote that "Intervention destroys diversity if the intervening party is indispensable". Mattel, which began the litigation by filing in state court, argued that MGA was an indispensible party. MGA argued it was not. The Court of Appeals quipped that "Mattel's solicitude for the rights of MGA appears to be driven by its desire to have the litigation proceed in a California court". This case is Mattel, Inc. v. Carter Bryant and MGA Entertainment, Inc., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-55696, an appeal from the U.S. District Court for the Central District of California, D.C. No. CV 04-09059 NMM/RNB.

The House is scheduled to meet at 2:00 PM. The Republican Whip Notice states that "there are no votes expected in the House".

The Senate will meet at 9:30 AM for morning hour.

10:00 AM. The Federal Communications Commission's (FCC) entity titled "Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks" will hold a meeting. See, notice in the Federal Register, April 26, 2006, Vol. 71, No. 80, at Pages 24708-24709. Location: FCC Commission Meeting Room, Room TW-C305,FCC, 445 12th Street, SW.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding the proposed free trade agreement (FTA) between the U.S. and Malaysia. The USTR seeks comments 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.

12:00 NOON - 1:15 PM. The DC Bar Association will host a panel discussion titled "Software and Business Method Patentability: A Changing Landscape?". The speakers will include Scott Alter (Wilmer Hale). 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.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch. The topic will be former FCC Bureau Chief's perspectives on the wireless industry. The speakers will be John Muleta, Michele Farquhar, Regina Keeney, and Dan Phythyon. The price to attend is $15. Reservations and cancellations are due by May 9 at 5:00 PM. See, registration form [PDF]. Location: Sidley Austin, 1501 K Street, 6th Floor.

Recommended deadline to submit comments to the Office of the U.S. Trade Representative (USTR) and the Department of Labor regarding the proposed free trade agreement (FTA) between the United States and Malaysia on U.S. employment, including labor markets. See, notice in the Federal Register, March 31, 2006, Vol. 71, No. 62, at Pages 16349-16350.

Deadline to submit reply 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.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Complx Covad Comm v. FCC, App. Ct. No. 05-1095. Judges Ginsburg, Tatel and Garland will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) IP-Based Communications Practice Committee will host a brown bag lunch. The topic will be the Communications Assistance for Law Enforcement Act (CALEA). The speakers will include Matt Brill (Latham & Watkins), Chris Bubb (AOL), Samir Jain (Wilmer Cutler Pickering Hale & Dorr). Location: Pillsbury Winthrop, 2300 N St., NW.

EXTENDED TO MAY 19. Deadline to submit reply 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. 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding mandatory thousands-block number pooling. See, notice in the Federal Register, March 15, 2006, Vol. 71, No. 50, at Pages 13323-13328. This NPRM is FCC 06-14 in CC Docket No. 99-200.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to various petitions for reconsideration of the FCC's Report and Order regarding the equipment authorization requirements for Unlicensed National Information Infrastructure (U-NII) devices employing dynamic frequency selection (DFS). See, notice in the Federal Register, May 3, 2006, Vol. 71, No. 85, at Pages 26004-26006. This proceeding is ET Docket No. 03-122.

8:00 AM - 4:45 PM. The National Science Board will hold a meeting titled "Workshop on Fostering Transformative Research -- Views From Industry and Private Foundations". See, notice in the Federal Register: May 11, 2006, Vol. 71, No. 91, at Page 27521. Location: Room 1235, National Science Foundation, Arlington, VA.

10:00 AM. The Senate Finance Committee will hold a hearing on the nomination of Susan Schwab to be the U.S. Trade Representative (USTR). See, notice. Location: Room 215, Dirksen Building.

11:30 AM - 1:00 PM. The American Bar Association (ABA) will host a continuing legal education (CLE) program titled "International Licensing: When Technology Crosses Borders". See, notice. Location: teleconference  and audio webcast only.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR __, the "Music Licensing for the Digital Age Act". 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.

6:00 - 8:15 PM. The DC Bar Association will host a panel discussion titled "Intellectual Property Primer". The speakers will include Joy Butler (Law Office of Joy Butler), Diana Michelle Sobo (Westerman Hattori Daniels & Adrian), Cathy Futrowsky (Gallop Johnson & Neuman), and Melinda Sossamon (Manning & Sossamon). The price to attend ranges from $10-$20. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) seminar titled "Communications Law 202". It will cover the broadcast and cable industries. Reservations and cancellations are due by May 12 at 12:00 NOON. Prices vary. See, registration form [PDF]. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

10:00 AM. The Senate Commerce Committee's Subcommittee on Technology, Innovation, and Competitiveness will hold a hearing titled "Accelerating the Adoption of Health Information Technology". See, notice. Press contact: Aaron Saunders (Stevens) at 202-224-3991 or Andy Davis (Inouye) at 202-224-4546. Location: Room 562, 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 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: __.

11:30 AM - 1:30 PM. The U.S. Chamber of Commerce will host an event titled "Microsoft Cyber Security Forum". See, notice. Location: Sheraton National Hotel, 900 S. Orme Street, Arlington, VA.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch to elect officers. E-mail nominations to Jason Friedrich at jason dot friedrich at dbr dot com or Natalie Roisman at natalie dot roisman at fcc dot gov by May 10. Location: Drinker Biddle & Reath, 1500 K Street, 11th floor.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for the CITEL PCC.I (Telecommunication) meetings on May 23-26, 2006 in San Domingo, Dominican Republic, and on September 12-15, 2006, in Washington DC. See, notice in the Federal Register, March 29, 2006, Vol. 71, No. 60, at Page 15798. Location: __.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing titled "Privacy in the Hands of the Government: The Privacy Officer for the Department of Homeland Security and the Privacy Officer for the Department of Justice". 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.

2:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will meet to mark up HR 2840, the "Federal Agency Protection of Privacy Act of 2005". See, notice. The meeting will be webcast by the HJC. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

The National Institute of Standards and Technology (NIST) will host a conference titled "CLIX-COTS Logging Information Exchange". See, notice. Location: NIST, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

10:00 AM. The Senate Commerce Committee (SCC) will hold the first of two hearings on S 2686 [135 pages in PDF], the "Communications, Consumer's Choice, and Broadband Deployment Act of 2006". See, notice of hearing, statement [5 pages in PDF] by Sen. Stevens, and Sen. Stevens' section by section summary [7 pages in PDF]. See also, stories titled "Stevens Introduces Telecom Reform Bill" and "Section by Section Summary of Sen. Stevens' Telecom Reform Bill" in TLJ Daily E-Mail Alert No. 1,362, May 2, 2006. Press contact: 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 216, Hart Building.

TIME? The Council on Competitiveness's (COC) Forum on Technology and Innovation may host an event titled "Moving Ideas from the Lab to the Marketplace - the Role of Tech Transfer in an Innovative Economy". A box lunch will be served. See, registration web page. Location?

12:00 NOON. The Federal Communications Bar Association's (FCBA) will host a lunch featuring general counsels. Reservations and cancellations are due by May 15 at 5:00 PM. Prices vary. See, registration form [PDF]. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

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.

Day one of a two day closed meeting of the Defense Science Board 2006 Summer Study on Information Management for Net-Centric Operations. See, notice in the Federal Register, April 11, 2006, Vol. 71, No. 69, Page 18292. Location: 3601 Wilson Boulevard, 3rd Floor, Arlington, VA.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to various petitions for reconsideration of the FCC's Report and Order regarding the equipment authorization requirements for Unlicensed National Information Infrastructure (U-NII) devices employing dynamic frequency selection (DFS). See, notice in the Federal Register, May 3, 2006, Vol. 71, No. 85, at Pages 26004-26006. This proceeding is ET Docket No. 03-122.

8:30 AM - 4:30 PM. The U.S. Court of Appeals for the Federal Circuit will host the Federal Circuit Judicial Conference. See, conference web site. The general registration fee is $225; government employee fee is $175; the late registration (after May 5) fee is $245. Location: Grand Hyatt Washington, 1000 H Street, NW.

Day two of a two day closed meeting of the Defense Science Board 2006 Summer Study on Information Management for Net-Centric Operations. See, notice in the Federal Register, April 11, 2006, Vol. 71, No. 69, Page 18292. Location: 3601 Wilson Boulevard, 3rd Floor, Arlington, VA.

Extended deadline to submit reply 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.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the petition of the Georgia Public Service Commission (GPSC) for a declaratory ruling that the GPSC is not preempted by federal law from regulating rates under 47 U.S.C. § 271 for local switching, high capacity loops and transport, and line sharing. See, FCC notice [PDF]. This is WC Docket No. 06-90.

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