9/15. The Senate began its consideration of HR 5684, the "United States-Oman Free Trade Agreement Implementation Act".

Sen. Byron Dorgan (D-ND) spoke at length in opposition. See, Congressional Record, September 15, 2006, at pages S9655-6. He said, "This trade agreement really needs to be defeated. It will probably not be because we don't have thoughtful debates."

One reason for opposing this FTA, said Sen. Dorgan (at right), is outsourcing of software development. "So the point is this: We have a serious trade problem. It is not just textiles, it is not just manufacturing. One-half of the Fortune 500 companies are now outsourcing software development."

He related a story about "Natasha Humphreys, a young woman I spoke to on the phone not too long ago. She did everything right. She is a young African-American woman who went to Stanford. She got her college degree and then went to work for Palm Pilot. By the way, her last job at Palm Pilot before she lost her job was to train her successor from India who would work for one-fifth of the price. So my point is, it is not just manufacturing and textiles, it is high tech, it is many other jobs as well."

Sen. Charles Grassley (R-IA) spoke in support of the bill.

The House approved HR 5684 on July 20, 2006, by a vote of 221 to 205. See, Roll Call No. 392.

9/15. The Department of Commerce's (DOC) Bureau of Economic Analysis (BEA) published a notice in the Federal Register that announces, describes, recites, and sets the comment deadline (November 14, 2006) for, its notice of proposed rulemaking (NPRM) regarding the mandatory reporting of transactions with foreign person involving services (including telecommunications, information services, and news gathering) and intangible assets (including intellectual property).

The notice contains the proposed text of the new rule. It is at Federal Register, September 15, 2006, Vol. 71, No. 179, at Pages 54448-5445. The current rule is codified at 15 C.F.R. § 801.10 [3 pages in PDF].

Both the current rule, and the proposed rule, provide for reporting every five years. Both apply to sales by U.S. persons to foreign persons. Both also apply to purchases by U.S. persons from foreign persons. Both impose mandatory reporting requirements. The current rule has a $500,000 minimum threshold for reporting purchases, and $500,000 for reporting sales, while the proposed rule has $1/$2 Million minimum thresholds. That is, the proposed rule would raise the thresholds. Both require reporting of transactions involving telecommunications, information services, data processing, and research and development.

One thing that is new about the proposed rule is that is adds a long enumeration of intellectual property (IP) related transactions. The current rule does not extent to IP.

The BEA proposes to replace its BE-20 reporting form, which is titled "Benchmark Survey of Selected Services Transactions with Unaffiliated Foreign Persons", with a new form BE-120, titled "Benchmark Survey of Transactions in Selected Services and Intangible Assets with Foreign Persons"

The BEA notice states that "If adopted the BE-120 survey would be conducted once every five years beginning with fiscal year 2006."

It adds that "A BE-120 report is required from each U.S. person that had sales to foreign persons that exceeded $2 million during the fiscal year covered of any of the types of services or intangible assets listed in paragraph (c) of this section, or had purchases from foreign persons that exceeded $1 million during the fiscal year covered of any of the types of services or intangible assets listed in paragraph (c) of this section."

Then, "paragraph (c) of this section" includes a long and expanded list of types of transactions.

It includes "telecommunications services", "research, development", "data processing services", "data base and other information services". However, all of these are covered by the current rule. Perhaps, by raising the thresholds, the new rule would make any efforts by the BEA to estimate the scope of offshore outsourcing more difficult, and less accurate.

The list also includes "disbursements to fund news-gathering costs of broadcasters; disbursements to fund news-gathering costs of print media; ... disbursements to fund production costs of broadcast program material other than news". It also includes "financial services" and "legal services".

Finally, the proposed rule adds a long list of IP related transactions. It states that "The intangible assets covered by the BE-120 survey are rights related to: Industrial processes and products; books, compact discs, audio tapes and other copyrighted material and intellectual property; trademarks, brand names, and signatures; performances and events pre-recorded on motion picture film and television tape, including digital recording; broadcast and recording of live performances and events; general use computer software; business format franchising fees; and other intangible assets, including indefeasible rights of users."

The notice also states that the BEA proposes to request "voluntary" reporting when the minimum thresholds are not met. Moreover, anyone who "receives the BE-120 survey form from BEA", but does not meet the minimum thresholds for mandatory reporting, must submit a "Basis for not reporting data" form.

9/13. Henry Paulson, the Secretary of the Treasury, gave a speech in Washington DC regarding trade between the U.S. and the People's Republic of China, and trade generally. He advocated free trade, market reforms, and protecting intellectual property rights. He said that "China cannot achieve its goal of being a modern economy if it fails to adhere to the rule of law and fair trade and encourage the innovation that is the engine of growth for developed -- and developing -- economies."

Paulson (at right) said that "There are no islands of economic stability in today's world. Globalization and interdependence are here to stay. No nation can turn back the clock. In today's interdependent world, U.S. exports and U.S. employment opportunities are affected by how well our major trading partners are doing."

For example, he noted that "Japan's economic reforms over the past five years have produced an economic recovery, and we all have benefited from the boost to global growth and the increase in Japanese import demand. Japan's reforms are not complete, and they must continue.  However, these steps demonstrate the importance of growth-enhancing reforms in major economies as an effective way to increase jobs in the United States and prosperity globally."

He said too that "The United States has a huge stake in a prosperous, stable China -- a China able and willing to play its part as a global economic leader. We are not afraid of Chinese competition. We welcome it."

He argued that "nations that reform their economies and open themselves to competition benefit their citizens greatly. They have better jobs, improved living standards, and greater opportunity. At the same time, those nations that try to close themselves off from competition, hinder free markets, and fail to invest in their people, simply get left behind."

He also argued that "Protectionist policies do not work and the collateral damage from these policies is high. By closing off competition and blocking the forces of change, protectionism reduces the losses of the present by sacrificing the opportunities of the future. Jobs saved in the short term job are off-set by more job losses and a lower standard of living in the future.

Finally, he focused on intellectual property. "Another pressing issue is greater protection for intellectual property rights. China cannot achieve its goal of being a modern economy if it fails to adhere to the rule of law and fair trade and encourage the innovation that is the engine of growth for developed -- and developing -- economies.

He added that "U.S. businesses lost billions of dollars in sales last year due to the illegal acquisition and use of their copy-righted ideas and products in China."

He concluded that "When I visit China in the coming days I will discuss these issues with the Chinese leadership, and I will use a Chinese saying indicating that it is for the good of both of our economies that they undertake these changes, for our economic fortunes are interconnected. I will say: We want you to succeed."

9/12. The Senate ratified the Investment Treaty with Uruguay (Treaty Doc. 109-9) without a roll call vote. This treaty was signed at Mar del Plata, Uruguay, on November 4, 2005. See also, Congressional Record, September 12, 2006, at pages S9446-7, and USTR release.

9/11. The Senate Finance Committee (SFC) held a hearing titled "NAFTA at Year Twelve". Sen. Charles Grassley (R-IA), the Chairman of the SFC, wrote in his opening statement [PDF] that "NAFTA resulted in the creation of the world’s largest free trade area" and "will continue to benefit the United States and its NAFTA partners in the coming years". Rep. Max Baucus (D-MT), the ranking Democrat on the SFC, wrote in his opening statement [PDF] that "Economic theory tells us that trade liberalization is beneficial for the United States, helping our economy grow and expanding the range of products and services available to our consumers. But we all know there is often a big difference between theory and practice." He added that "there are always winners and losers from trade liberalization." See also, prepared testimony in PDF of John Melle (Deputy Assistant U.S. Trade Representative for North America), Cathy Sauceda (U.S. Customs and Border Protection), Jim Magagna (Wyoming Stock Growers Association), Craig Lang (Iowa Farm Bureau Federation), Jerry Pacheco (International Business Accelerator), Sandra Polaski (Carnegie Endowment for International Peace), and Sidney Weintraub (Center for Strategic & International Studies). See, notice. Location: Room 215, Dirksen Building.

9/13. President Bush nominated Thomas Hardiman to be a Judge of the U.S. Court of Appeals for the 3rd Circuit. See, White House release. Bush previously appointed Hardiman to be a Judge of the U.S. District Court (WDPenn); the Senate confirmed him in 2003. Before that, he worked for the law firms of Reed Smith, Cindrich & Titus, and Skadden Arps.

9/5. The Senate confirmed Kimberly Moore to be a Judge of the U.S. Court of Appeals for the Federal Circuit by a vote of 92-0. See, Roll Call No. 231. See also, story titled "Bush Nominates Kimberly Moore for Federal Circuit" in TLJ Daily E-Mail Alert No. 1,374, May 19, 2006.

9/5. President Bush nominated Otis Wright to be a Judge of the U.S. District Court for the Central District of California. See, White House release.

9/5. President Bush nominated George Wu to be a Judge of the U.S. District Court for the Central District of California. See, White House release.

9/5. President Bush nominated Halil Suleyman Ozerden to be a Judge of the U.S. District Court for the Southern District of Mississippi. See, White House release.

9/15. Richard Barth was named first Assistant Secretary for Policy Development at the Department of Homeland Security (DHS). He previously worked for Motorola as corporate vice president for homeland security strategy. See, DHS notice.

9/14. President Bush announced his intent to nominate Michele Davis to be Assistant Secretary of the Treasury (Public Affairs). She is currently Deputy National Security Advisor and Deputy Assistant to the President for Communications for the National Security Council (NSC). See, White House release.

9/14. President Bush named Jeremy Katz to be Special Assistant to the President for Policy. A White House release states that "Katz recently served as Special Assistant to the Chief of Staff for Policy at the White House".

9/14. President Bush named Myriah Jordan to be Special Assistant to the President for Policy. A White House release states that Jordan recently served as Special Assistant to the Chief of Staff for Policy at the White House.

9/13. The Senate confirmed George Holding to the the U.S. Attorney for the Eastern District of North Carolina for the term of four years. See, Congressional Record, September 13, 2006, at page S9575.

9/13. The Senate confirmed Mary Ourisman to be Ambassador to Barbados and other small Caribbean nations. See, Congressional Record, September 13, 2006, at page S9575. See also, column titled "People and Appointments" in TLJ Daily E-Mail Alert No. 1,415, July 21, 2006.

9/7. President Bush nominated Dean Pinkert to be a member of the U.S. International Trade Commission (USITC) for the term expiring December 16, 2015. He is a Senior Attorney at the Department of Commerce (DOC). Previously, he was Trade and Judiciary Counsel for Sen. Robert Byrd (D-WV). Before that, he worked for the law firm of King & Spalding. See White House release and release.

9/7. President Bush nominated Irving Williamson to be a member of the U.S. International Trade Commission (USITC) for the term expiring June 16, 2014. He is President of Williamson International Trade Strategies. Before that, he was Deputy General Counsel in the Office of the U.S. Trade Representative (USTR). See White House release and release.

9/6. President Bush nominated Robert Steel to be an Under Secretary of the Treasury. He is a Senior Director of The Goldman Sachs Group. See, White House release and release.

9/5. President Bush nominated William Mercer to be Associate Attorney General. Bush also designated him acting Associate Attorney General. Mercer is currently the U.S. Attorney for the District of Montana. See, White House release and release.

9/5. President Bush announced his intent to appoint Dennis Brown and Martin Feldstein to be members of the President's Foreign Intelligence Advisory Board (PFIAB). See, White House release

9/15. The Government Accountability Office (GAO) released a report [51 pages in PDF] titled "E-Government Travel: Participation by Small Businesses and Estimated Program Savings".

9/15. Janes Ginsburg (Columbia Law School) wrote a paper titled "'Une Chose Publique'? The Author's Domain and the Public Domain in Early British, French and US Copyright Law". The Social Science Research Network (SSRN) has published an abstract. SSRN provides access to the entire paper to its subscribers. See also, Cambridge Law Journal, November 2006.

9/14. The National Institute of Standards and Technology (NIST) released its Draft Special Publication 800-76-1 [33 pages in PDF] titled "Biometric Data Specification for Personal Identity Verification". The deadline to submit comments is 5:00 PM on October 5, 2006.

9/14. Thomas Barnett, the Assistant Attorney General in charge of the USDOJ's Antitrust Division, gave a speech titled "Criminal Enforcement Of Antitrust Laws: The U.S. Model" in New York, New York.

9/12. John White, Director of the Securities and Exchange Commission's (SEC), Division of Corporation Finance gave a speech in New York, New York, titled "SOX 404 -- Moving Forward". He said that "Compliance with the reporting requirements of Section 404 has been more costly than anticipated and has generated extensive controversy, but in my opinion it's also fair to say that it's proven to have a high value to investors and has shown a vast potential for improving the reliability of financial reporting." White also gave a speech on May 25, 2006, titled "Section 404: The Need for Input". Small public companies, and especially high tech companies, have argued that the SEC's implementation of Section 404 imposes considerable burdens on smaller companies, without benefiting investors. See also, stories titled "Atkins Says SEC Seeks More Rational Approach to Section 404" in TLJ Daily E-Mail Alert No. 1,395, June 20, 2006, and "GAO Reports that Section 404 of Sarbanes Oxley Burdens Small Public Companies" in TLJ Daily E-Mail Alert No. 1,366, May 9, 2006. The "Sarbanes-Oxley Act of 2002" was HR 3763 in the 107th Congress. It is now Public Law No. 107-204.

9/6. The Progress and Freedom Foundation (PFF) released a paper [7 pages in PDF] titled "Do's and Don'ts for Global Media Regulation: Empowering Expression, Consumers and Innovation". The author is the PFF's Patrick Ross. See also, PFF release. The paper warns that "democracies around the world are demonstrating a desire to impose restrictions on the nature and distribution of online content", and reviews recent developments in Europe, Australia, and Canada. The paper makes these recommendations for regulators:
  • Do enforce existing child-protection laws.
  • Don’t distinguish between types of content delivery.
  • Do harmonize by deregulating down.
  • Don’t discourage migration of content.
  • Do support intellectual property rights.

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

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

The story titled "HJC Approves Bill Regarding Specialized Patent Judges" in TLJ Daily E-Mail Alert No. 1,449, September 14, 2006, incorrectly referred to Kimberly Moore as a nominee for the U.S. Court of Appeals for the Federal Circuit. In fact, the Senate confirmed her on September 5, 2006.

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

The Senate will meet at 2:00 PM. It will resume consideration of HR 5684, the United States-Oman Free Trade Agreement Implementation Act.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Robert Kaplan v. T Mobile USA, App. Ct. No. 05-7165. Judges Randolph, Tatel and Williams will preside. Location: 333 Constitution Ave., NW.

10:30 - 11:30 AM. Bill McInturff (Public Opinion Strategies) and Amy Phee (Glover Park Group) will speak regarding their "research and findings regarding opinions about video choice and net neutrality". Location: Senate Commerce Committee hearing room, Room 253, Russell Building, Capitol Hill.

Day one of a two day conference titled "National Security Automation Conference and Workshop", hosted by the National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), National Security Agency (NSA), and Defense Information Security Agency (DISA). The subject of this conference is the measurement of the security of information technology systems. See, NIST notice and conference web site. Location: NIST, Gaithersburg, MD.

Deadline set by the House Committee Committee (HCC) for Hewlett Packard to respond to its request for records regarding pretexting. See, story titled "House Commerce Committee Requests Records From HP Regarding Its Use of Pretexting to Obtain Confidential Records" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 28, 2006, Vol. 71, No. 145, at Pages 42886-42887.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the competitive bidding procedures for Auction No. 69, which is scheduled to begin on February 7, 2007. In this auction, the FCC will offer two 3-megahertz blocks, each consisting of a pair of 1.5 megahertz segments in the 1392-1395 MHz and 1432-1435 MHz bands, in each of six Economic Area Groupings (EAGs). The FCC will also offer one 2-megahertz block of unpaired spectrum in the 1390-1392 MHz band in each of 52 Major Economic Areas (MEAs). See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Pages 51817-51822.

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 non-technology items under suspension of the rules. See, Republican Whip Notice.

TIME? The Senate Commerce Committee (SCC) will meet immediately following the first vote on the Senate floor. It will consider the nominations of Kevin Martin to be a Commissioner of the Federal Communications Commission (FCC), and John Kneuer to be Administrator of the National Telecommunications and Information Administration (NTIA). See, notice. The meeting will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: undisclosed room off of the Senate floor.

TIME? The Senate Judiciary Committee (SJC) may hold a "Special Executive Business Meeting" to consider judicial nominees following the first vote on the Senate floor. See, notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: undisclosed room off of the Senate floor.

9:00 AM. The Consumer Electronics Association (CEA) will host an event titled "press breakfast". The topic will be HR 6052 [100 pages in PDF], the "Copyright Modernization Act", which the House Judiciary Committee (HJC) may mark up as early as Wednesday, September 20. The speakers will be Gary Shapiro (CEA), Gigi Sohn (Public Knowledge), and Michael Petricone (CEA). For more information, contact Jenny Pareti (CEA) at 703-907-7079 or jpareti at ce dot org. Location: Concorde Room, Hay Adams Hotel, 16th and H Streets, NW.

10:00 AM. The Senate Banking Committee will hold a hearing titled "Combating Child Pornography by Eliminating Pornographers' Access to the Financial Payment System". The witnesses will be Attorney General Alberto Gonzales and Ernie Allen (National Center for Missing and Exploited Children). See, notice. Location: Room 538, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Committee will host a brown bag lunch titled "Meet the FCC Wireline Legal Advisors". The FCBA has invited all of the FCC's wireline legal advisors. RSVP to Myra Creeks at Myra dot Creeks at att dot com. Location: Wiley Rein & Fielding, 1776 K St., NW.

1:00 PM. The < href="http://www.ustelecom.org/">U.S. Telecom Association (USTA) and Neustar will host a web seminar titled "CALEA Compliance: Obligations, Risks & Strategies". The  USTA notice states that the topics to be covered include "a discussion of the various requirements, responsibilities and the associated training that service providers need to consider for the implementation of their Technical Assistance Programs -- i.e. their CALEA Section 105 filings due in November  ... An overview of Electronic Surveillance Statutes and the pertinent CALEA Sections ... An overview of service providers' responsibilities including a discussion of changes resulting from the FCC's Second Report and Order (released May 12, 2006) ... Strategies for implementing cost-effective CALEA compliance solutions". The speakers will be Mike Warren and Doug McCollum of Neustar. See, and registration page.

2:00 PM. The House Financial Services Committee (HFSC) will hold a hearing titled "Sarbanes-Oxley at Four: Protecting Investors and Strengthening the Markets". The witnesses will include Chris Cox (Chairman of the Securities and Exchange Commission) and Mark Olson (Chairman of the Public Company Accounting Oversight Board). Rep. Mike Oxley (R-OH), the Chairman of the HFSC, stated in a release that the hearing will address, among other topics, "the complaints from small businesses regarding the cost of complying with the Section 404 internal control provisions". (Emphasis added.) Press contact: Peggy Peterson at 202-226-0471 or Marisol Garibay at 202-226-0471. Location: Room 2128, Rayburn Building.

TIME CHANGE. 3:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing on judicial nominations. See, notice. Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Online Child Pornography". See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

TIME? The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will hold a meeting. Location: ___.

Day two of a two day conference titled "National Security Automation Conference and Workshop", hosted by the National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), National Security Agency (NSA), and Defense Information Security Agency (DISA). The subject of this conference is the measurement of the security of information technology systems. See, NIST notice and conference web site. Location: NIST, Gaithersburg, MD.

The House will meet at 10:00 AM for legislative business. It will consider several non-technology related items. See, Republican Whip Notice.

8:00 - 11:30 AM and 2:00 - 5:00 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. Part of the meeting will be closed to the public. The DHS states that "the Chief Privacy Officer will provide an update on the activities of the Privacy Office. The subcommittees will update the Committee on the work currently being conducted. In the morning and afternoon sessions, invited speakers will discuss screening, redress, and data integrity". See, notice in the Federal Register, August 29, 2006, Vol. 71, No. 167, at Pages 51201. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

9:30 AM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Reporters’ Privilege Legislation: Preserving Effective Federal Law Enforcement". The witnesses will be Paul McNulty (Deputy Attorney General), Theodore Olson (Gibson Dunn & Crutcher), Bruce Baird (Covington & Burling), Victor Schwartz (Shook Hardy & Bacon), and Steven Clymer (Cornell Law School). See, notice. See also, S 2831, the "Free Flow of Information Act of 2006", sponsored by Sen. Richard Lugar (R-IN). Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

POSTPONED. 9:30 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGA) Subcommittee on Federal Financial Management, Government Information, and International Security will hold a hearing titled "US International Broadcasts into Iran: Can We Do Better?". The witnesses will be Kenneth Tomlinson (Broadcasting Board of Governors), Tim Shamble (American Federation of Government Employees), Amir Abbas Fakhravar (Independent Student Movement), Alex Alexiev (Center for Security Policy), Robert Schadler (American Foreign Policy Council), and Abbas William Samii (Radio Free Europe/Radio Liberty). See, notice. Location: Room 342, Dirksen Building.

10:00 PM. The Senate Commerce Committee's (SCC) Subcommittee on Trade, Tourism, and Economic Development will hold a hearing titled "Internet Governance: The Future of ICANN". One of the witnesses will be Jonathan Liebowitz (Federal Trade Commission). See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: __.

? 10:00 AM. Possible time for the House Judiciary Committee (HJC) meeting to mark up HR 5825, the "Electronic Surveillance Modernization Act", and HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006". Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

10:30 AM - 4:00 PM. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on proposed U.S. contributions to Study Group 13 (Next Generation Networks) of the International Telecommunication Union's Telecommunication Standardization Sector. See, notice in the Federal Register, August 31, 2006, Vol. 71, No. 169, at Page 51884. Location: COMTek, 14151 Newbrook Drive, Suite 400, Chantilly, VA.

11:45 AM - 2:00 PM. The AEI Brookings Joint Center for Regulatory Studies will host a discussion of the book titled " New Foundations of Cost-Benefit Analysis" [Amazon], by Matthew Adler (University of Pennsylvania) and Eric Posner (University of Chicago). The speakers will be Adler, Posner, Chris DeMuth (AEI) and Richard Revesz (NYU). Location: American Enterprise Institute, 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The Alliance for Public Technology (APT) will host a brown bag lunch titled "Digging Deeper into the Senate Communications Act of 2006:  What does the Bill Mean for the E-Rate Community and People with Disabilities?". The speakers will be Lynne Bradley (American Library Association), Jenifer Simpson (American Association of People with Disabilities), and Karen Strauss (KPS Consulting). RSVP to apt at apt dot org or (202) 263-2970. Location: ALA, first floor conference room, 1615 New Hampshire Ave., NW. 

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Communications Law and the Internet: Content, Carriage, and Access in the Digital Age". The speakers will be Maureen O'Connell (News Corporation), Paul Glist (Cole Raywid & Braverman), and Rick Whitt (NetsEdge Consulting). For more information, contact Chris Fedeli at cfedeli at crblaw dot com or 202-828-9874 or Natalie Roisman at nroisman at akingump dot com or 202-887-4493. Location: Cole Raywid & Braverman, Suite 200, 1919 Pennsylvania Ave., NW.

2:00 PM. The Senate Judiciary Committee (SJC) may hold a hearing titled "Examining the Proposal to Restructure the Ninth Circuit". See, notice. See also, S 1845, the "Circuit Court of Appeals Restructuring and Modernization Act of 2005", sponsored by Sen. John Ensign (R-NV). Press contact: Courtney Boone at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-5225. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) [77 pages in PDF] regarding the service rules that primarily govern wireless licenses in the 698-746, 747-762, and 777-792 MHz bands (700 MHz Band) currently occupied by television broadcasters and being made available for new services as a result of the DTV transition. This NPRM is FCC 06-114 in WT Docket No. 06-150, CC Docket No. 94-102, and WT Docket No. 01-309. The FCC adopted this NPRM on August 3, 2006, released it on August 10, 2006. See, notice in the Federal Register, August 21, 2006, Vol. 71, No. 161, at Pages 48506-48527. See also, FCC release [PDF] that describes this NPRM.

The House will meet at 10:00 AM for legislative business. It will consider several non-technology related items. See, Republican Whip Notice.

9:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property will hold a hearing on HRes 916, titled "Impeaching Manuel L. Real, judge of the United States District Court for the Central District of California, for high crimes and misdemeanors". See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

9:00 AM - 12:00 NOON. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA), the Satellite Industry Association and the U.S. Chamber of Commerce will host an event titled "Continuity of Business (via satellite) Summit: Acquiring Robust Communications Capability to Prepare for Natural and Man-Made Disasters". See, NTIA notice and notice in the Federal Register, August 25, 2006, Vol. 71, No. 165, at Page 50390. Location: U.S. Chamber, 1615 H Street, NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Deleting Commercial Child Pornography Sites From the Internet: The U.S. Financial Industry’s Efforts to Combat This Problem". See, notice. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 PM. The Senate Commerce Committee (SCC) will hold a hearing on several pending nominations, including Sharon Hays (to be the Associate Director of the Office of Science and Technology Policy) and Cynthia Glassman (to be Under Secretary of Commerce for Economic Affairs). See, notice. The hearing will be webcast by the SCC. Press contact: Joe Brenckle (Stevens) at 202-224-3991, Brian Eaton (Stevens) at 202-224-0445, or Teri Rucker (Inouye) at 202-224-4546. Location: Room 253, Russell Building.

10:00 AM - 12:00 NOON. The House Science Committee will hold a hearing titled "Research on Environmental and Safety Impacts of Nanotechnology: What are the Federal Agencies Doing?" The witnesses will be Norris Alderson (Food and Drug Administration), Arden Bement (National Science Foundation), George Gray (Environmental Protection Agency), Altaf Carim (Department of Energy), Andrew Maynard (Woodrow Wilson International Center for Scholars), and Matthew Nordan (Lux Research Inc.). The hearing will be webcast by the HSC. For more information, contact Marty Spitzer (R) at 202-225-8844 or Jim Wilson (D) at 202-225-6375. Location: Room 2318, Rayburn Building.

10:30 AM. The Senate Finance Committee (SFC) will hold a hearing on the nomination of John Veroneau to be a Deputy US Trade Representative. See, notice. Location: Room 215, Dirksen Building.

12:00 NOON - 2:00 PM. The Progress and Freedom Foundation (PFF) will host a luncheon. The keynote speakers will be Sen. Ted Stevens (R-AK) and Brian Roberts (Ch/CEO of Comcast Corporation). The other speakers will be Raymond Gifford (PFF), Aryeh Bourkoff (UBS Investment Research), Blair Levin (Stifel Nicolaus), and Craig Moffett (Sanford Bernstein). See, notice and registration page. Location: Capital Hilton, 1001 16th St., NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Communications Law, Copyright & Digital Rights Management Committee will host a brown bag lunch. This is a new committee, and this lunch will serve as the committee's organizational meeting. For more information, contact Seth Davidson at sdavidson at fw-law dot com, Ben Golant at bgol at loc dot gov or Ann Bobeck at abobeck at nab dot org. Location: Fleischman and Walsh, Suite 600, 1919 Pennsylvania Ave., NW.

2:00 PM. The Center for Democracy and Technology's (CDT) Internet Caucus Advisory Committee (ICAC) will host an event titled "Should Congress Decree Social Networking and Chat Sites Teen-Free Zones?". The speakers will be Jay Chaudhuri (Special Council to North Carolina Attorney General), Donna Hughes (Enough Is Enough), Danah Boyd (UC Berkeley), Adam Thierer (Progress & Freedom Foundation), and Tim Lordan (ICAC). For more information, contact Danielle Yates at dyates at netcaucus dot org or 202-638-4370. Location: HC-5, Capitol Building.

6:00 PM. Alex Kozinski, a Judge of the U.S. Court of Appeals (9thCir), will give a speech titled "Fair Use Revisted". See, notice. RSVP to iplecture at wcl dot american dot edu or 202-274-4148. Location: American University, Washington College of Law, Room 603, 4801 Massachusetts Ave.,  NW.

Rosh Hashana begins at sundown.

The House will meet at 9:00 AM for legislative business. See, Republican Whip Notice.

12:00 NOON. The Heritage Foundation will host a book forum. James Jay Carafano will discuss his book [Amazon] titled "GI Ingenuity: Improvisation, Technology, and Winning World War II". See, notice. Location: 214 Massachusetts Ave., NE.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its media ownership rules. The FCC adopted this FNPRM on July 21, 2006, and released the text [36 pages in PDF] on July 24, 2006. See also, story titled "FCC Adopts FNPRM on Rules Regulating Ownership of Media" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006. This FNPRM is FCC 06-93 in MB Docket No. 02-277, MM Docket No. 01-235, MM Docket No. 01-317, MM Docket No. 00-244, and MB Docket Nos. 06-121. See also, notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages 45511-45515.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking [22 pages in PDF] in a new proceeding titled "In the Matter of Amendment of Section 90.20(e)(6) of the Commission's Rules". This is a reaction to Lojack's petition for rulemaking relating to the use of spectrum for stolen vehicle recovery systems (SVRS). The FCC proposes to revise section 90.20(e)(6) of its rules "to permit increased mobile output power, to permit digital emissions in addition to the analog emissions currently authorized by the Rules, and to relax the limitations on duty cycles", among other things. The FCC adopted this item on July 19, 2006, and released it on July 24, 2006. It is FCC 06-107, in WT Docket No. 06-142. See, notice in the Federal Register, August 23, 2006, Vol. 71, No. 163, at Pages 49401-49405.

The Supreme Court will hold the opening conference of its new term, October Term 2006.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "The Future of Trade Remedy Proceedings". The speakers will include Deanna Okun (Commissioner, U.S. International Trade Commission), Timothy Reif (Minority Chief Trade Counsel, House Ways & Means Committee), David Spooner (Assistant Secretary for Import Administration, Department of Commerce), and Lynn Kamarck (Hogan & Hartson). The price to attend ranges from $15 to $40. For more information, call 202-626-3463. See, notice. Location: Hogan & Hartson, 555 13th St., NW.

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) regarding its proposed rules for the administration the program to provide $40 coupons to consumers for use towards the purchase of digital to analog converter boxes. See, NTIA release [PDF] and notice in the Federal Register, July 25, 2006, Vol. 71, No. 142, at Pages 42067-42074.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Preserving Intellectual Property Rights in Government Contracts: A Beginner's Guide". The speakers will include David Bloch (McDermott Will & Emery), Richard Gray (Air Force Office of the General Counsel), James McEwen (Stein McEwen & Bui), and Michael Stein (Stein McEwen & Bui). The price to attend ranges from $80-$135. For more information, call 202-626-3488. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

Deadline set by the House Committee Committee (HCC) for Hewlett Packard to respond to the second part of its request for records regarding pretexting. See, story titled "House Commerce Committee Requests Records From HP Regarding Its Use of Pretexting to Obtain Confidential Records" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Neutral Tandem's petition for interconnection with Verizon Wireless. See, FCC's Public Notice (DA 06-1603) and notice in the Federal Register, August 30, 2006, Vol. 71, No. 168, at Pages 51617-51618. This proceeding is WC Docket No. 06-159.