9/19. The Federal Communications Commission (FCC) released an agenda [PDF] for its event on Tuesday, September 26, titled "Open Meeting".

The agenda includes consideration of an 11th Report regarding its annual report on the competitive market conditions regarding Commercial Mobile Radio Services (CMRS). This is WT Docket No. 06-17.

The agenda includes consideration of a 2nd Order on Reconsideration and Second Report and Order concerning children's television obligations. This is MM Docket No. 00-167.

The agenda includes consideration of an Order regarding the Rural Health Care Support Mechanism of the Universal Service Fund. This is WC Docket No. 02-60.

The FCC amended its rules regarding health clinics in November of 2003. See, story titled "FCC Expands Universal Service Support for Rural Clinics and Telemedicine" in TLJ Daily E-Mail Alert No. 779, November 14, 2003. It further amended its rules by adopting, on December 15, 2004, its "Second Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking". See, story titled "FCC Expands Rural Telemedicine Subsidy Program" in TLJ Daily E-Mail Alert No. 1,040, December 17, 2004.

Finally, the agenda includes presentation of a report by the new Public Safety and Homeland Security Bureau regarding its establishment.

This event is scheduled for 9:30 AM on Tuesday, September 26, 2006 in the FCC's Commission Meeting Room, Room TW-C305, 445 12th Street, SW. The event will be webcast by the FCC. The FCC does not always consider all of the items on its published agenda. The FCC sometimes adds items to the agenda without providing the "one week" notice required 5 U.S.C. § 552b. The FCC does not always start its monthly meetings at the scheduled time. The FCC usually does not release at its meetings copies of the items that it adopts at its meetings.

9/14. The Senate approved HR 4954, the port security bill, after several days of debate and amendment, on Thursday, September 14. The Senate added to the bill an amended version of the "IP-Enabled Voice Communications and Public Safety Act of 2006".

Background. This amendment is, in part, a response to the Federal Communications Commission's (FCC) orders in its proceedings regarding its extension of 911/E911 regulation to interconnected VOIP service providers. See especially, the FCC's "First Report and Order and Notice of Proposed Rulemaking" [90 pages in PDF], numbered FCC 05-116 in Docket Nos. 04-36 and 05-196, adopted on May 19, 2005, and released on June 3, 2005.

See also, stories titled "FCC Adopts Order Expanding E911 Regulation to Include Some VOIP Service Providers", "Summary of the FCC's 911 VOIP Order", "Opponents of FCC 911 VOIP Order State that the FCC Exceeded Its Statutory Authority", and "More Reaction to the FCC's 911 VOIP Order" in TLJ Daily E-Mail Alert No. 1,139, May 20, 2005, and story titled "FCC Releases VOIP E911 Order" in TLJ Daily E-Mail Alert No. 1,148, June 6, 2005.

WC Docket No. 04-36, titled "In the Matter of IP-Enabled Services", is the FCC's gargantuan proceeding that engulfs all regulation of internet protocol (IP) enabled services. The FCC opened this proceeding on February 12, 2004, by adopting its Notice of Proposed Rulemaking (NPRM) [97 pages in PDF].

WC Docket No. 05-196, titled "E911 Requirements for IP-Enabled Service Providers", is the FCC's 911/E911 VOIP proceeding.

The FCC's order extended 911/E911 regulation to interconnected voice over internet protocol (VOIP) service providers. It also imposed draconian notice and service termination requirements on interconnected VOIP service providers.

However, it did not require local exchange carriers to interconnect with VOIP service providers, or state any other incumbent local exchange carriers (ILEC) obligations to VOIP service providers. Nor did it provide that VOIP service providers have any right of access to emergency facilities such as 911/E911 call centers, most of which are owned by ILECs.

Also, this amendment is based upon S 1063, the "IP-Enabled Voice Communications and Public Safety Act of 2005". Sen. Bill Nelson (D-FL) introduced this bill on May 18, 2005. The Senate Commerce Committee (SCC) amended and approved it on December 20, 2005.

Summary of Amendment as Approved by Senate. The version of the bill approved by the full Senate deleted three subsections of the bill approved by the SCC. First, it removed Section 2(a), regarding revising the FCC's order generally. Second, it removed Section 2(d), regarding grandfathering of service to certain subscribers. Third, it removed Section 2(e), regarding waiver of 911/E911 requirements under certain circumstances. It also tweaked the definition of "IP-enabled voice service", to also include services provided "without a fee".

The deleted Section 2(a) would have required the FCC to review and revise its May 19, 2005 order "to establish requirements that are technologically and operationally feasible for providers of IP-enabled voice service to ensure that 911 and E-911 services are available to subscribers to IP-enabled voice services."

The deleted Section 2(d) would have provided grandfathering of service to certain VOIP subscribers. It stated that "A provider of IP-enabled voice service may continue to provide service to each subscriber who subscribed to that service as of December 31, 2005, to whom notice has been given in accordance with the requirements of the" FCC's order, if "(A) the provider has received an acknowledgement in writing or by electronic means by the subscriber of receipt of the notice; or (B) the provider continues to give clear and conspicuous notice of the unavailability of 911 or E-911 service, or either service, in billing statements or their equivalent sent to the subscriber."

The deleted Section 2(e) would have provided that the FCC shall waive the 911 and E911 requirements contained in its order if a provider "(A) the provider gives a separate, clear, and conspicuous notice to its subscribers that it does not offer 911 service, E-911 service, or either service, as the case may be, to its IP-enabled voice service subscribers; (B) the subscriber separately acknowledges receipt of that notice in writing or by electronic means; and (C) the provider demonstrates that it is not technically or operationally feasible for its IP-enabled voice service to comply with those 911 and E-911 requirements, which may include technical and operational feasibility relative to its portable or nomadic IP-enabled voice service."

The port security bill, as amended and approved by the Senate, includes a requirement that VOIP service providers have access to 911 components.

It provides that the FCC shall issue rules within 90 days "regarding access by IP-enabled voice service providers to 911 components that permit any IP-enabled voice service provider to elect to be treated as a commercial mobile service provider for the purpose of access to any 911 component, except that the regulations issued under this subsection may take into account any technical or network security issues that are specific to IP-enabled voice services."

The bill also provides that states may collect 911 and E911 taxes, including from VOIP service providers. However, the bill requires platform neutrality, and that the funds collected be spent on either 911/E911 or emergency communications services.

It provides that nothing shall "prevent the imposition on, or collection from, a provider of IP-enabled voice services of any fee or charge specifically designated by a State, political subdivision thereof, or Indian tribe for the support of 911 or E-911 services if that fee or charge -- (1) does not exceed the amount of any such fee or charge imposed on or collected from a provider of telecommunications services; and (2) is obligated or expended in support of 911 and E-911 services, or enhancements of such services, or other emergency communications services as specified in the provision of State or local law adopting the fee or charge."

The bill also provides immunity for VOIP service providers that communications carriers currently have. The FCC had declined to extend this immunity in its rule making proceeding.

Section 4 of the Wireless Communications and Public Safety Act of 1999 enumerates several grants of protection from liability for various entities, including communications carriers. Section 4 is codified at 47 U.S.C. § 615a. This Act was S 800. It was sponsored by Sen. Conrad Burns (R-MT). It is now Public Law No. 106-81. Various provisions of the Act are now codified in various sections of the U.S. Code, including 47 U.S.C. § 222, 47 U.S.C. §251(e), 47 U.S.C. § 615, and 47 U.S.C. § 615a.

The bill provides as follows:

"A provider or user of IP-enabled voice services, a PSAP, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or PSAP, shall have the same scope and extent of immunity and other protection from liability under Federal and State law with respect to --
  (1) the release of subscriber information related to emergency calls or emergency services,
  (2) the use or provision of 911 and E-911 services, and
  (3) other matters related to 911 and E-911 services,
as section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) provides to wireless carriers, PSAPs, and users of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect to such release, use, and other matters."

The bill also requires the writing of a "national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications".

Finally, in amending the "IP-Enabled Voice Communications and Public Safety Act of 2006", the Senate changed its definition of "IP-enabled voice service".

It is defined as 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), or without a fee, 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. The Senate added the phrase ", or without a fee," which is shown in red and in bold above.)

The vote on final passage of the port security bill was 95-0. See, Roll Call No. 240. The House has approved a different version of the bill. It now goes to conference.

Also, during consideration of the bill, Sen. Ted Stevens (R-AK) promised Sen. Daniel Inouye (D-HI) that the SCC's broad communications reform bill would not be added in conference. Sen. Jay Rockefeller (D-WV) was also promised that the waiver language would not be added back to the bill.

9/14. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property  held a hearing on HR 5120, a bill to amend 35 U.S.C. § 156 regarding late filings of applications for extensions of patent terms with the U.S. Patent and Trademark Office (USPTO).

This bill would allow the USPTO to consider applications for patent extensions that are filed within five days of the 60 day time limit if the applicant files a petition that shows that the delay in filing the application was unintentional. The effect is to extend the time limit for certain extension applications from 60 to 65 days. However, the change would apply retroactively. There is one company, The Medicines Company, that stands to gain from this bill. One the other hand, generic pharmaceutical manufacturers stand to gain if this bill is not enacted.

Jon Dudas, Director of the U.S. Patent and Trademark Office (USPTO), wrote in his prepared testimony that the USPTO "does not at this time have a position on this proposed legislation".

He added that "We are aware of one current application for patent term extension that would immediately benefit from enactment of the bill. That application is related to patent number 5,196,404". See, U.S. Patent No. 5,196,404.

Clive Meanwell, Ch/CEO of The Medicines Company, wrote in his prepared testimony, that his company stands to loose its patent protection for its one marketed product because it filed its extension application one day beyond the 60 day deadline. He spoke in favor of the bill.

Kathleen Jaeger, President of the Generic Pharmaceutical Association, wrote in her prepared testimony [PDF] that this bill is "special interest legislation that does nothing but help one company to the detriment of all consumers and taxpayers"

John Thomas, a professor at Georgetown University, wrote in his prepared testimony [PDF] about the Hatch-Waxman Act generally. He wrote that Act "represents an effort to refine, within the pharmaceutical industry, the central problem of any intellectual property regime: Encouraging the labors that lead to innovation, on one hand, and disseminating the fruits of those labors, on the other. Thus, the Hatch- Waxman Act codified an expedited generic marketing approval protocol, but also provided for term extension for patents on approved drugs. Patent term extension is unquestionably a fundamental part of a statute that, for all of its perceived flaws, has been highly successful in both encouraging the generic drug industry and promoting the discovery and development of new drugs by brandname firms."

9/19. The Senate confirmed Alice Fisher to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Criminal Division by a vote of 61-35. All of the no votes were cast by Democrats. See, Roll Call No. 251, and statement by President Bush.

9/19. Attorney General Alberto Gonzales praised the Senate's confirmation of Alice Fisher, and added that "I also urge the Senate to confirm Ken Wainstein as Assistant Attorney General, so that we can move forward in establishing the Department's new National Security Division." (Emphasis added.)

9/19. The Senate Commerce Committee (SCC) approved the nomination of John Kneuer (at right) to be Administrator of the National Telecommunications and Information Administration (NTIA). See, SCC release.

9/19. The Senate Commerce Committee (SCC) approved the nomination of Kevin Martin to be a Commissioner of the Federal Communications Commission (FCC). See, SCC release. See also, story titled "Senate Commerce Committee Holds Hearing on Nominations of Martin and Kneuer" in TLJ Daily E-Mail Alert No. 1,448, September 13, 2006.

9/19. The Senate Judiciary Committee (SJC) met on September 19 to consider numerous pending judicial nominees. The list included Terrence Boyle (to be a Judge of the U.S. Court of Appeals for the 4th Circuit), William Haynes (4th Circuit), Kent Jordan (3rd Circuit), Peter Keisler (DC Circuit), William Myers (9th Circuit), Randy Smith (9th Circuit), Valerie Baker (USDC for the Central District of California), Philip Gutierrez (Central District of California), Marcia Howard (Middle District of Florida), John Jarvey (Southern District of Iowa), and Sara Elizabeth Lioi (Northern District of Ohio). The SJC took no action on any of these nominees. The SJC has another meeting scheduled for 9:30 AM on September 21. The agenda again includes consideration of these judges. Senate Democrats have been blocking consideration of some of these nominees for years. Keisler is a recent nomination. Senate Democrats are blocking him too. Baker and Gutierrez, two California District Court nominees, may be confirmed with bipartisan support. Also, Sen. Patrick Leahy (D-VT), the ranking Democrat on the SJC, wrote in an opening statement for the meeting on September 19 that "I believe that the elevation of Judge Jordan to the Third Circuit can be such a consensus nomination." Senate Democrats have little incentive to allow consideration of judicial nominees so close to an election in which they hope to take control of the Senate.

9/14. The Media Access Project, Consumers Union, Consumer Federation of America, and Free Press wrote a letter [2 pages in PDF] to Federal Communications Commission (FCC) Chairman Kevin Martin regarding the FCC's release on September 12, 2006, of a 2004 FCC study titled "Do Local Owners Deliver More Localism: Some Evidence From Local Broadcast News". See also, story titled "FCC Paper Finds Statistical Relationship Between Local Ownership and Local Programming" in TLJ Daily E-Mail Alert No. 1,450, September 15, 2006. The four groups, which are critical of the FCC's 2003 order regarding its various media ownership rules, argued that Martin should "request an independent investigation on how and why this localism report was suppressed and to make the report publicly available as part of the media ownership proceeding record."

9/19. The Federal Communications Commission (FCC) released an FCC report [PDF] dated 2003 that pertains to a "Review of the Radio Industry".

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

The Senate will meet at 9:30 AM. It will resume consideration of HR 6061, the "Secure Fence Act of 2006".

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 AM. The Senate Commerce Committee's (SCC) Subcommittee on Trade, Tourism, and Economic Development will hold a hearing titled "Internet Governance: The Future of ICANN". The witnesses will be John Kneuer (acting head of the National Telecommunications and Information Administration), Jonathan Liebowitz (Federal Trade Commission), Paul Twomey (P/CEO of Internet Corporation for Assigned Names and Numbers), Ken Silva (Chief Security Officer of VeriSign), and Christine Jones (GoDaddy.com). Sen. Gordon Smith (R-OR) will preside. 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. The House Judiciary Committee (HJC) will meet to mark up four bills, including HR 5825, the "Electronic Surveillance Modernization Act", and HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006", which includes revised versions of the "Section 115 Reform Act of 2006", or SIRA, and the "Orphan Works Act of 2006", and several other provisions. See also, story titled "Rep. Smith Combines Orphan Works Bill, SIRA, and Other Copyright Act Amendments" in TLJ Daily E-Mail Alert No. 1,447, September 12, 2006. See, notice. Press contact: Jeff Lungren or Terry Shawn at 202-225-2492. Location: Room 2141, Rayburn Building.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up numerous non-technology related bills. However, the agenda includes two resolutions authorizing subpoenas. The HCC notice offers these summaries: "A resolution authorizing the issuance of subpoenas in connection with the Committee’s investigation into data brokering, including its investigation into the Hewlett-Packard situation, and related matters" and "A resolution authorizing the issuance of subpoenas in connection with the Committee's investigation into the sexual exploitation of children over the Internet, and related matters". (Emphases added.) The meeting will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735. Location: Room 2123, 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.

11:30 AM. The Free Press will host a news conference by teleconference to discuss the release of a study titled "Out of the Picture: Minority and Female TV Ownership in the United States". The scheduled participants include FCC Commissioners Michael Copps and Jonathan Adelstein, Nancy Zirkin (Leadership Conference on Civil Rights), Janet Murguia (National Council of La Raza), Gary Flowers (Rainbow/PUSH), Derek Turner (Free Press), and Mark Cooper (Consumer Federation of America). To participate, call 973-582-2741. The conference ID 7888721. For more information, contact Craig Aaron (Free Press) at 202-265-1490 x25.

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.

POSTPONED TO SEPTEMBER 22. 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.

1:00 PM. The House Homeland Security Committee's (HHSC) Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment will hold a hearing titled "Radicalization; The Homeland Security Implication". The HHSC's notice does not disclose the names of the witnesses, or the topics to be covered. However, Attorney General Alberto Gonzales has been giving speeches stating that radicalization is taking place on the internet. See, story titled "Gonzales Says Online Radicalization Must Be Contained" in TLJ Daily E-Mail Alert No. 1,432, August 16, 2006. Location: Room 2212, Rayburn Building.

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. Press contact: Larry Neal (Barton) at 202-225-5735. Location: Room 2123, Rayburn 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.

10:00 AM. The Senate Banking Committee (SBC) will meet to mark up "The Export-Import Bank Reauthorization Act of 2006". See, notice. Location: Room 538, Dirksen Building.

10:30 AM. The Senate Finance Committee (SFC) will hold a hearing on the nominations of John Veroneau to be a Deputy U.S. Trade Representative, and Robert Steele to be Under Secretary at the Department of the Treasury. 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 House Commerce Committee's (HCC) Subcommittees on Telecommunications and the Internet and Commerce, Trade, and Consumer Protection will hold a joint hearing titled "ICANN Internet Governance: Is It Working?". The witnesses will be John Kneuer (head of the National Telecommunications and Information Administration), Paul Twomey (P/CEO of the Internet Corporation for Assigned Names and Numbers), Steve DelBianco (Association for Competitive Technology, on behalf of the NetChoice Coalition), Thomas Lenard (Progress & Freedom Foundation), Harold Feld (Media Access Project), and Mark Bohannon (Software & Information Industry Association). See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735, Sean Bonyun (Upton) at 202-225-3761, or Paul Flusche (Stearns) at 202-225-5744. Location: Room 2123, Rayburn Building.

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.

2:30 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.

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.

DATE AND TIME CHANGE. 11:30 AM - 1:00 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.

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

EXTENDED TO OCTOBER 23. 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. See, order [PDF] extending deadlines.

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.

9:00 AM - 12:30 PM. The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division will hold another in their series of hearings on single firm conduct and antitrust law. The witnesses will be Michael Scherer (Harvard), Luke Froeb (Vanderbilt University), Wally Mullin (George Washington University), Jonathan Baker (American University law school), Clifford Winston (Brookings Institution), David Reitman (CRA International Inc.), and Robert Marshall (Bates White LLC). See, notice. Location: FTC Conference Center, 601 New Jersey Ave., NW.

RESCHEDULED FROM SEPTEMBER 14. 9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast by the FCC. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "Sexual Exploitation of Children Over the Internet: The Face of a Child Predator and Other Issues". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735. Location: Room 2123, Rayburn Building.

10:00 AM. The Department of States' International Telecommunication Advisory Committee (ITAC) will meet to prepare positions for the next meeting of the Inter-American Telecommunication Commission (CITEL) Permanent Consultative Committee II (PCCII) to be held on October 17-20, 2006, in Caracas, Venezuela. See, notice in the Federal Register, September 5, 2006, Vol. 71, No. 171, at Page 52364. Location:  undisclosed.

12:00 NOON - 1:30 PM. The ABA will host a brown bag lunch titled "The Current State of Standard Setting and Counseling in Light of Rambus". See, August 2, 2006, opinion [120 pages in PDF] of the Federal Trade Commission (FTC) and story titled "FTC Holds That Rambus Unlawfully Monopolized Markets" in TLJ Daily E-Mail Alert No. 1,427, August 8, 2006. The speakers will be Gail Levine (Verizon), Gil Ohana (Cisco Systems), Howard Morse (Drinker Biddle & Reath), and Christine Varney (Hogan & Hartson). RSVP to Connie Carrol at ccarrol at lecg dot com or 202-973-0533. Location: Hogan & Hartson, 555 13th Street, NW.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Enforcement Practice Committee will host a brown bag lunch. The speakers will be Kris Monteith (Chief of the FCC's Enforcement Bureau) and others. This event will also serve as the Committee's organizational meeting. For more information, contact Christi Shewman at christi dot shewman at fcc dot gov. Location: Skadden Arps Slate Meagher & Flom, 1440 New York Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade and Consumer Protection will hold a hearing titled "Editing Hollywood's Editors: Cleaning Flicks for Families". See, notice. The hearing will be webcast by the HCC. Press contact: Larry Neal (Barton) at 202-225-5735 or Paul Flusche (Stearns) at 202-225-5744. Location: Room 2322, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "How to Litigate a Copyright Infringement Case". The speakers will include Kenneth Kaufman (Skadden Arps). 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.

8:30 AM - 1:00 PM. The Information Technology Association of America (ITAA) will host a conference titled "Defining the Acceptable Balance: A Reasoned Approach to Data Retention". The speakers will include Jim Harper (Cato Institute), Jim Dempsey (Center for Democracy and Technology), Michael Gavin (Forrester Research), and Philip Reitinger (Microsoft). See, notice. The price to attend ranges from free to $150. For more information, contact Eerik Kreek at 703-525-2279 or ekreek at itaa dot org. Location: Hyatt Regency Capitol Hill Hotel.

9:00 AM - 4:00 PM. Day two of a two day public meeting of the Federal Accounting Standards Advisory Board (FASAB). See, notice in the Federal Register, July 12, 2006, Vol. 71, No. 133, at Pages 39318. Location: Room 7C13, GAO Building, 441 G St., NW.

10:00 PM. The Senate Commerce Committee (SCC) will hold a mark up session. The agenda has not yet been announced. 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: __.

12:00 NOON - 1:30 PM. The DC Bar Association will host a program titled "Successful Law Firm Websites". The speaker will be Lexa Gandolfo. The price to attend ranges from $15 to $25. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) HLS/Emergency Communications Ad Hoc Committee will host a brown bag lunch. This is a new ad hoc committee. This event will be used to discuss what events the committee should host. For more information, contact Jennifer Manner at 703-390-2730 or jmanner at msvlp dot com. Location: Pillsbury Winthrop Shaw Pittman, 2400 N Street, NW.

1:00 - 5:00 PM. Day one of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBC) Telecommunications and Electronic and Information Technology Advisory Committee. See, notice in the Federal Register, September 12, 2006, Vol. 71, No. 176, at Pages 53629-53630. Location: National Science Foundation, Room II-555, 4201 Wilson Boulevard, Arlington,  VA.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) seminar titled "Missoula Intercarrier Compensation Plan -- Pros and Cons". Registrations and cancellations are due by 5:00 PM on September 25. The price to attend ranges from $50 to $125. See, registration form [PDF]. Location: Klein Law Group, Suite 700, 901 15th St., NW.

Day one of a three day conference for attorneys who represent media companies titled "Media Law Conference: Protecting the First Amendment in Challenging Times". It is hosted by the National Association of Broadcasters (NAB), Newspaper Association of America (NAA), and Media Law Resource Center (MLRC). See, conference web site. Location: Hilton Alexandria Mark Center, Alexandria, VA.