8/3. The Federal Communications Commission (FCC) adopted, but did not release, a Memorandum Opinion and Order (MOO) that responds to petitions for reconsideration of the rules applicable to broadband over power line (BPL) systems.

The FCC released only a short release [PDF] describing this MOO. Also, four of the FCC's Commissioners wrote statements.

The FCC promulgated its original BPL rules in its Report and Order [86 pages in PDF] adopted on October 14, 2004, and released on October 28, 2004. That R&O is FCC 04-245 in ET Docket No. 04-37 and ET Docket No. 03-104. See also, story titled "FCC Adopts BPL Report and Order" in TLJ Daily E-Mail Alert No. 997, October 15, 2004, and story titled "FCC Adopts Broadband Over Powerline NPRM" in TLJ Daily E-Mail Alert No. 836, February 13, 2004. The FCC released the text [38 pages in PDF] of the NPRM on February 23, 2004.

The FCC release states that this MOO "Affirms its rules regarding emission limits for BPL, including its determination that the reduction of emissions to 20 dB below the normal Part 15 emissions limits will constitute adequate interference protection for mobile operations", "Denies the request by the amateur radio community to prohibit BPL operations pending further study and to exclude BPL from frequencies used for amateur radio operations", and "Denies the request by the television industry to exclude BPL from frequencies above 50 MHz".

The FCC release adds, however, that this MOO "Adopts changes regarding protection of radio astronomy stations by requiring a new exclusion zone and amending consultation requirements for these stations" and "Adopts changes to provide for continuing protection for aeronautical stations that are relocated."

The FCC release also states that this MOO "Denies the request by the aeronautical industry to exclude BPL operating on low-voltage lines from frequencies reserved for certain aeronautical operations".

FCC Chairman Kevin Martin wrote in his statement [PDF] that "we build upon our previous efforts to facilitate deployment of broadband over power line (BPL) systems while protecting existing spectrum users from harmful interference. It is my hope that our rules will allow BPL systems to flourish. This technology holds great promise as a ubiquitous broadband solution that would offer a viable alternative to cable, digital subscriber line, fiber, and wireless broadband solutions. Moreover, BPL has unique advantages for home networking because consumers can simply plug a device into their existing electrical outlets to achieve broadband connectivity."

FCC Commissioner Michael Copps wrote in his statement [PDF] that "We all have high hopes for Broadband over Power Line and I think we would all like to see some non-duopoly pipes bringing broadband access to, particularly, hard-to-reach Americans."

See also statement [PDF] of Commissioner Deborah Tate, and statement [PDF] of Commissioner Robert McDowell.

The just adopted MOO is FCC 06-113 in ET Docket Nos. 04-37 and 03-104.

8/3. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM) regarding changes to its rules governing wireless licenses in the 698-746, 747-762, and 777-792 MHz Bands. This item also contains a tentative conclusion that wireless services licensed in this 700 MHz band, including broadband internet access services, as well as other wireless services covered by Part 27 of the FCC's rules, are subject to 911/E911 regulation.

The Digital Television Transition and Public Safety Act of 2005 established a hard deadline of February 17, 2009, for the cessation of analog broadcasting in the 700 MHz band. It also established a deadline of January 28, 2008, for the FCC to begin the auction for the licenses associated with the recovered analog spectrum.

This NPRM proposes service rules for the 700 MHz commercial band.

The FCC issued a short release [PDF] that describes this NPRM. It states that the FCC tentatively concludes that "services provided by licensees in the 700 MHz Band, and in other bands subject to Part 27 of the rules, should be subject to E911 and hearing aid-compatibility requirements to the same extent that such services would be covered if provided in other bands." See, 47 C.F.R. Part 27.

FCC Commissioner Michael Copps wrote in a separate statement [PDF] that "The 700MHz spectrum that we will auction in 2008 is key to spreading the benefits of broadband across our country". He called this the "grand-daddy of all auctions".

He added that "I am also pleased with our tentative conclusion that the full range of E911 and hearing aid compatibility rules will apply to services in this band and, I might add, in the Advanced Wireless Services band whose auction is more imminent."

FCC Chairman Kevin Martin wrote in a separate statement [PDF] that this band is "well-suited for the provision of wireless broadband services", and that "We also intend to ensure that service providers in this band and other broadband bands comply with our E911 and hearing aid-compatibility rules."

FCC Commissioner Deborah Tate wrote in a separate statement [PDF] that the 700 MHz band "will bring high-speed applications like streaming video to wireless customers". She also wrote "I also would like to applaud the tentative conclusion that services in the 700 MHz Band that meet certain criteria should be subject to 911/E911" requirements.

See also, statement [PDF] by Commissioner Robert McDowell, and statement [PDF] by Commissioner Jonathan Adelstein.

The FCC release also states that the FCC seeks comment on, among other things, "the possibility of modifying the size of the geographic service areas and spectrum blocks, and on revising the performance requirements, for the portions of the 700 MHz band that have not yet been auctioned. The FCC is also seeking comment on several issues related to both auctioned and unauctioned spectrum in the 698-746, 747-762, and 777-792 MHz bands, including modifying the rules related to license renewal, license terms, and power limits."

The FCC release adds that "Regarding the portions of the 700 MHz Band that have not yet been auctioned, today’s Notice seeks comment on whether there is a need to revise the size of the geographic service areas for the remaining unauctioned spectrum in the band, including the possibility of using smaller areas - such as the 734 Cellular Market Areas composed of Metropolitan Statistical Areas and Rural Service Areas. The Notice also seeks comment on whether to modify the size of certain spectrum blocks, including the possibility of dividing Block D in the Upper 700 MHz Band into smaller blocks. The Notice also requests input on whether to add or revise performance requirements for unauctioned spectrum, including such alternatives as specific construction benchmarks."

This NPRM is FCC 06-114 WT Docket No. 06-150, CC Docket No. 94-102, and WT Docket No. 01-309.

7/28. The Government Accountability Office (GAO) released a report [30 pages in PDF] titled "Defense Technologies: DOD's Critical Technologies Lists Rarely Inform Export Control and Other Policy Decisions".

The report states that "Technological advantage is fundamental to U.S. military dominance in 21st-century warfare. Major acquisitions in the Department of Defense's (DOD) ongoing force transformation -- including ... networkcentric communications systems ... rely on maintaining technological superiority. Failure to identify and protect critical technologies makes U.S. military assets vulnerable to cloning, neutralization, or other action that degrades current and anticipated capabilities."

The report elaborates that "To help minimize these risks, DOD’s Militarily Critical Technologies Program developed and periodically updates two lists of technologies -- the Militarily Critical Technologies List (MCTL) and the Developing Science and Technologies List (DSTL) -- each consisting of 20 sections. These lists are primarily intended to inform U.S. export control decisions, but can also help inform counterintelligence activities, research plans, and technology protection programs."

However, the report finds that the "updates of the MCTL and DSTL have generated lists that are of limited value because they are not appropriately validated and are largely out of date."

It adds that "9 of the 20 MCTL sections -- including technologies related to weapons, communications, and biological warfare -- have not been updated for 10 years, although a stated program goal calls for these lists to be completely updated at least every 4 years."

The report also provides the date of the most recent update for each of 20 MCTL sections. The dates for the information technology related fields are as follows:

8/2. The Federal Communications Commission (FCC) deleted one item for the agenda for its August 3 meeting that it released on July 27. It announced that it will not consider adoption of a Memorandum Opinion and Order (MOO) concerning the regulatory classification of broadband over power line (BPL) internet access service. On December 23, 2005, the United Power Line Council (UPLC) filed a Petition for Declaratory Ruling [16 pages in PDF] with the FCC requesting that the FCC "declare that BPL-enabled Internet access service is an interstate information service, consistent with the Cable Modem Declaratory Ruling and the DSL Order." This proceeding is WC Docket No. 06-10. See, FCC release [PDF].

7/28. The Government Accountability Office (GAO) released a report [78 pages in PDF] titled "Information Technology: Immigration and Customs Enforcement Is Beginning to Address Infrastructure Modernization Program Weaknesses but Key Improvements Still Needed".

The House will not meet from Monday, July 31, through Tuesday, September 5. The House will next meet at 2:00 PM on Wednesday, September 6. See, Republican Whip Notice.

The Senate will meet at 9:30 AM. It will resume its consideration of HR 5631, the Department of Defense FY 2006 Appropriations bill.

8:30 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold a hearing titled "China's Role in the World: Is China a Responsible Stakeholder?". See, notice in the Federal Register, July 20, 2006, Vol. 71, No. 139, at Pages 41316-41317. Location: Room 385, Russell Building, Capitol Hill.

9:30 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 2453, the "National Security Surveillance Act of 2006", S 2455, the "Terrorist Surveillance Act of 2006", S 2468, a bill to provide standing for civil actions for declaratory and injunctive relief to persons who refrain from electronic communications through fear of being subject to warrantless electronic surveillance for foreign intelligence purposes, S 3001, the "Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006", S 2831, the "Free Flow of Information Act of 2006", and S 1845, the "Circuit Court of Appeals Restructuring and Modernization Act of 2005". See, notice. The SJC frequently cancels or postpones meetings without notice. The SJC rarely follows its published agenda. All of the above listed items have been on previous agendas, but held over. Press contact: Courtney Boone at 202-224-5225. Location: Room 226, Dirksen Building.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. See, agenda [PDF], and story titled "FCC Releases Agenda for August 3 Meeting" in TLJ Daily E-Mail Alert No. 1,420, July 28, 2006. The event will be webcast by the FCC. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM. The Center for Democracy & Technology (CDT) will hold a news briefing on pending bills that would mandate internet filtering and web site labeling. The speakers will be Leslie Harris and John Morris of the CDT. Breakfast will be served. For more information, contact David McGuire at 202-637-9800 x106. The event will also be telecast. The call in number is 800-377-8846; the participant code is 19400583#. Location: CDT, 11th Floor, 1634 I St., NW.

8:30 AM - 12:30 PM. The U.S.-China Economic and Security Review Commission will hold a hearing titled "China's Energy Security". See, notice in the Federal Register, July 20, 2006, Vol. 71, No. 139, at Pages 41316-41317. Location: Room 385, Russell Building, Capitol Hill.

TENTATIVE. The Senate will not meet from Monday, August 7, through Monday, September 4. See, 2006 Senate calendar.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Overstock.com, Inc. v. Furnace Brook, LLC, a patent case involving personal jurisdiction. Furnace Brook bought a patent at a bankruptcy auction. It did not practice it. It sent cease and desist letters to other companies, alleging infringement, and seeking licensing fees. One recipient, Overstock.com, filed a complaint in U.S. District Court (DUtah) seeking a declaration that it did not infringe the patent. The Federal Circuit has held that sending a cease and desist letter into a state does not give rise to personal jurisdiction over the sender in that state. The District Court dismissed for lack of personal jurisdiction. However, the District Court also held that Furnace Brook is a "patent troll". See, opinion [PDF]. This is App. Ct. No. 2006-1121, and D.C. No. 2:05-CV-00679 PGC. Location: Courtroom 201, 717 Madison Place, NW.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will host a discussion of the book titled "Spoiling for a Fight: The Rise of Eliot Spitzer" [Amazon]. The speakers will be Brooke Masters (author), Michael Greve (AEI), and Judge William Pryor (U.S. Court of Appeals for the 11th Circuit). See, notice. Location: 12th floor, 1150 17th St., NW.

The Federal Communications Commission (FCC) will conduct a mock auction for Auction 66. This is the auction of Advance Wireless Services (AWS) licenses in the 1710-1755 MHz and 2110-2155 MHz (AWS-1) bands. See also, notice in the Federal Register, June 2, 2006, Vol. 71, No. 106, at Pages 32089-32091.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its Draft Special Publication 800-100 [huge Zipped PDF] titled "Information Security Handbook: A Guide for Managers".

10:00 AM. Federal Communications Commission (FCC) Commissioner Robert McDowell will host an event titled "briefing for members of the media". RSVP to Clyde Enslin at clyde dot ensslin at fcc dot gov or 202-418-0506. Location: Conference Room 5, 8th Floor, FCC Headquarters, 445 12th St., SW.

Deadline to submit to the Internal Revenue Service (IRS) outlines of topics to be discussed at the IRS's public hearing on August 29, 2006, regarding its notice of proposed rule making pertaining to the application of 26 U.S.C. § 199, which provides a deduction for income attributable to domestic production activities, to certain transactions involving computer software. See, notice in the Federal Register, June 1, 2006, Vol. 71, No. 105, at Pages 31128-31129.

The Federal Communications Commission (FCC) will commence Auction 66. This is the auction of Advance Wireless Services (AWS) licenses in the 1710-1755 MHz and 2110-2155 MHz (AWS-1) bands. See also, notice in the Federal Register, June 2, 2006, Vol. 71, No. 106, at Pages 32089-32091.

Day one of a three day continuing legal education (CLE) seminar hosted by the American Intellectual Property Law Association (AIPLA) titled "Practical Patent Prosecution for New Lawyers". See, notice [PDF]. For more information, call 703-415-0780. Location: Hilton Crystal City, 2399 Jefferson Davis Highway, Arlington, VA.

Day two of a three day continuing legal education (CLE) seminar hosted by the American Intellectual Property Law Association (AIPLA) titled "Practical Patent Prosecution for New Lawyers". See, notice [PDF]. For more information, call 703-415-0780. Location: Hilton Crystal City, 2399 Jefferson Davis Highway, Arlington, VA.

8/3. President Bush announced his intent to nominate John Veroneau to be Deputy U.S. Trade Representative. He is currently a partner in the law firm of DLA Piper Rudnick Gray Cary. He was previously General Counsel in the Office of the USTR. He has also worked for former Sen. Bill Cohen (R-ME), former Secretary of Defense Cohen, Sen. Susan Collins (R-ME), and Sen. Bill Frist (R-TN). See, White House release.

8/3. President Bush announced his intent to nominate Cynthia Glassman (at right) to be Undersecretary of Commerce for Economic Affairs. She was until recently a Commissioner of the Securities and Exchange Commission (SEC). She has also worked at Ernst and Young and the Federal Reserve System. See, White House release.

8/3. John Grant will join the staff of the Senate Committee on Homeland Security and Governmental Affairs, which is chaired by Sen. Susan Collins (R-ME). He is currently FCC Commissioner Deborah Tate's Special Advisor for Policy. See, FCC release.

8/3. Chris Robbins was "detailed" to the office of FCC Commission Deborah Tate to handle media issues. He is currently an Attorney Advisor in the FCC's Media Bureau's (MB) Audio Division. He was previously an attorney in the media practice group at the law firm of Wiley Rein & Fielding. See, FCC release.

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