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October 3, 2006, Alert No. 1,460.
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McAfee Asserts That Microsoft's Vista Threatens Security

10/2. George Samenuk, Ch/CEO of McAffee, wrote an open letter [PDF] complaining about Microsoft's plan to deny security software providers access to the kernel of its forthcoming operating system named Vista. Samenuk argued that this is bad for computer users' security. However, he did not argue in this letter that Microsoft's practices violate antitrust or competition law.

Samenuk wrote that "Over the years, the most reliable defenders against the many, many vulnerabilities in the Microsoft operating systems have been the independent security companies such as McAfee. Yet, if Microsoft succeeds in its latest effort to hamstring these competitors, computers everywhere could be less secure."

He continued that "Computers are more secure today, thanks to relentless innovations by the security providers. Microsoft also has helped by allowing these companies’ products full access to system resources -- this has enabled the security products to better ``see´´ threats and deploy defenses against viruses and other attacks."

He wrote that "With its upcoming Vista operating system, Microsoft is embracing the flawed logic that computers will be more secure if it stops cooperating with the independent security firms. For the first time, Microsoft shut off security providers’ access to the core of its operating system -- what is known as the ``kernel.´´ At the same time, Microsoft has firmly embedded in Vista its own Windows Security Center -- a product that cannot be disabled even when the user purchases an alternative security solution. This approach results in confusion for customers and prevents genuine freedom of choice."

While Samenuk did not directly accuse Microsoft of abusing monopoly power, he did offer some hints. He wrote that "Microsoft seems to envision a world in which one giant company not only controls the systems that drive most computers around the world but also the security that protects those computers from viruses and other online threats. Only one approach protecting us all: when it fails, it fails for 97% of the world’s desktops."

He also suggested that Microsoft might be harming innovation. "We think customers large and small are right to rely on the innovation arising from the intense competition between diverse and independent security companies. Companies like McAfee have none of the conflicts of interest deriving from ownership of the operating system. We focus purely on security."

Samenuk added that "We will support the new Vista operating system".

Gonzales Addresses Counterfeiting and Piracy

9/29. Attorney General Alberto Gonzales gave a speech in Washington DC at the U.S. Chamber of Commerce's 3rd Annual Anti-Counterfeiting and Piracy Summit.

Gonzales emphasized violations of intellectual property rights (IPR) that are in the nature of counterfeiting and piracy, which are also the main IPR related concerns of the U.S. Chamber of Commerce. He also emphasized the harmful effects that IPR violations have on the companies (and their employees) that lawfully make things that are counterfeited or pirated by others.

David Hirschmann, SVP of the U.S. Chamber of Commerce, stated in a release that "Counterfeiting and piracy cost the U.S. economy more than $250 billion a year and an estimated 750,000 jobs".

The Attorney General said that "Whether it is the copyright of a blockbuster film, a trade secret for an innovative product, a patent on a life-saving drug, or a trademark of a valuable brand, intellectual property is a significant source of growth in the American economy and a key driver of global economic activity."

Alberto GonzalesGonzales (at right) stated that "The ideas and inventions of our citizens provide our competitive advantage in the thriving global economy. Our competitive advantage, however, is threatened by those who steal the ideas of others and produce inferior substitutes that damage the reputation and profitability of a sought-after, trademarked original, or steal the trade secrets of a productive company."

He said that "Stealing is stealing. It is a crime that threatens not only America’s economic prosperity but the health, safety, and security of our citizens."

He also addressed what the Department of Justice (DOJ) is doing. He wrote that "Among our many achievements, the Department of Justice increased the number of defendants indicted for intellectual property offenses by 98% from fiscal year 2004 to 2005. We increased the number of prosecutors we have in the field by creating 12 new Computer Hacking and Intellectual Property, or CHIP, Units in U.S. Attorneys’ offices around the country, including offices in Pittsburgh, Pennsylvania, Orlando, Florida, Detroit, Michigan, Sacramento, California, and Nashville, Tennessee."

Gonzales added that "We are seeking legislation that would, among other things, increase penalties for intellectual property crimes, clarify that registration of a copyright is not required for a criminal prosecution, make attempts to commit copyright infringement a crime, and increase the tools investigators have at their disposal to track potential intellectual property crimes. We urge the Congress to pass this important legislation to further support our efforts in this important area."

HR 6052 [100 pages in PDF], the "Copyright Modernization Act of 2006", has stalled in the House Judiciary Committee. Its sponsor, Rep. Lamar Smith (R-TX), stated on September 27, 2006, that its enactment will have to wait until the 110th Congress. This large bill includes not only the orphans works bill, and the music licensing bill known as SIRA, but also a proposal to provide the DOJ with more resources for investigating and prosecuting intellectual property crimes. The U.S. Chamber of Commerce supports this portion of the bill. See also, story titled "House Judiciary Committee Puts Off Consideration of Copyright Legislation Until Next Year" in TLJ Daily E-Mail Alert No. 1,457, September 27, 2006.

HR 6052 provides that the DOJ "shall ... create an operational unit of the Federal Bureau of Investigation -- (A) to work with the Computer Crime and Intellectual Property section of the Department of Justice on the investigation and coordination of intellectual property crimes that are complex, committed in more than one judicial district, or international; (B) that consists of at least 10 agents of the Bureau; and (C) that is located at the headquarters of the Bureau".

It also requires that the DOJ "shall ... ensure that any unit in the Department of Justice responsible for investigating computer hacking or intellectual property crimes is assigned at least 2 agents of the Federal Bureau of Investigation (in addition to any agent assigned, or authorized to be assigned, to such unit as of the date of the enactment of this Act) to support such unit for the purpose of investigating or prosecuting intellectual property crimes". (Parentheses in original.)

It also requires that the DOJ "shall ... implement a comprehensive program -- (A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to intellectual property crimes; (B) that includes relevant forensic training related to investigating and prosecuting intellectual property crimes; and (C) that requires such agents who investigate or prosecute intellectual property crimes to attend the program annually."

The bill further provides that within 120 of enactment "the Attorney General shall assign one Federal prosecutor to the appropriate office of the Department of Justice located in Hong Kong and one Federal prosecutor to such an office located in Budapest, Hungary, to assist in the coordination of the enforcement of intellectual property laws between the United States and foreign nations."

It also provides that the DOJ "shall create a Task Force to develop and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to the theft of intellectual property."

Finally, to carry out these projects, the bill authorizes the appropriation of $12 Million FY 2007 through FY 2011.

This section of HR 6052 contains no increases in penalties.

FCC Approves Alltel Acquisition of Midwest Wireless Holdings

10/2. The Federal Communications Commission (FCC) released a Memorandum Opinion and Order [51 pages in PDF] that approves Alltel's acquisition of Midwest Wireless Holdings, subject to conditions. This is nominally a license transfer proceeding. However, it is also in the nature of a merger review proceeding to which competition law principles are applied.

The FCC concluded that "Competitive harm is unlikely in most mobile telephony markets involved in the proposed transaction, primarily because of the complementary footprints of ALLTEL and Midwest Wireless. In five markets, however, the proposed transaction would result in the combination of overlapping mobile telephony coverage and services. Thus, the proposal required us to conduct a market-by-market competitive analysis examining the potential consequences of increasing both ALLTEL’s spectrum holdings and its market share in those markets. We determine that in four of those five markets likely competitive harms exceed the likely benefits of the transaction. In these areas, we impose narrowly tailored conditions that will effectively remedy the potential for these particular harms."

The MOO also addresses the application for consent to transfer control of Great Western Cellular Holdings, LLC, and the one cellular license it holds from its controlling entity, Great Western Cellular Partners, LLC, to WWC Holding Co., Inc., a wholly-owned subsidiary of ALLTEL. The MOO states that "we must determine whether the proposed acquisition of GWC Holdings by WWC, a wholly-owned subsidiary of ALLTEL, would serve the public interest, convenience and necessity. Based on the record before us, we find that Great Western, GWC Holdings, and ALLTEL have generally met that burden." The MOO imposes no conditions.

Michael CoppsFCC Commissioner Michael Copps (at right) wrote in a separate statement [PDF] that "I approve this merger for substantially the same reasons I gave in approving in the larger and analytically comparable merger between ALLTEL and Western Wireless last year. In light of the divestitures required by the Department of Justice, I am satisfied that this merger will not reduce competition below the level we have found acceptable in earlier mergers." However, he complained about Alltel's "disappointing penetration rate of E911-enabled handsets".

This MOO is FCC 06-146 in WT Docket No. 05-339. This proceeding is titled "In the Matter of Applications of Midwest Wireless Holdings, L.L.C. and ALLTEL Communications, Inc. For Consent to Transfer Control of Licenses and Authorizations File Nos. 0002391997, et al. and Application of Great Western Cellular Partners, L.L.C. and ALLTEL Communications, Inc. For Consent to Transfer Control of License". See also, FCC release.

FCC Releases Order Regarding Support for Telemedicine

9/29. The Federal Communications Commission (FCC) released an Order [14 pages in PDF] regarding universal service support for rural health care services.

FCC Chairman Kevin Martin wrote in his statement that this order "is an important step towards the creation of a ubiquitous, nationwide, broadband network dedicated to health care. The deployment of such a network will create numerous opportunities for delivering telehealth services, including telemedicine applications, that have the potential to revolutionize the current healthcare system throughout the nation."

He continued that "This is particularly true in rural and underserved areas, where distance often separates patients from the medical care they need. Under the pilot program we adopt today, patients anywhere on the network will have greater access to critically needed specialists in a variety of specialties. For example, through the use of telemedicine, doctors in urban hospitals can read radiology images of patients in rural trauma centers and provide realtime consultations. This ability to diagnose, treat, and monitor patients from a distance will reduce the length of hospital stays, lower medical expenses, and improve the quality of health care."

This item is FCC 06-144 in WC Docket No. 02-60. This proceeding is titled "In the Matter of Rural Health Care Support Mechanism". The FCC adopted this item at its September 26 meeting. See also, FCC release [PDF].

FCC Releases Report on Wireless Competition

9/29. The Federal Communications Commission (FCC) released its annual report [127 pages in PDF] on the state of wireless competition. The report concludes that "there is effective competition in the CMRS marketplace".

It states that "Among the indicators of market structure that support this conclusion, 98 percent of the total U.S. population lives in counties with access to three or more different operators offering mobile telephone service, slightly higher than in the previous year, and up from 88 percent in 2000, the first year for which these statistics were kept. The percentage of the U.S. population living in counties with access to four or more different mobile telephone operators is also slightly higher than in the previous year."

The report continues that "competitive pressure continues to drive carriers to introduce innovative pricing plans and service offerings, and to match the pricing and service innovations introduced by rival carriers. Price rivalry is evidenced by the introduction of ``mobile to anyone´´ calling options, and by the proliferation of a variety of prepaid plans, or distinct prepaid brands (such as ``Boost Mobile´´), targeted at previously untapped segments of the market."

The report also states that "In the 12 months ending December 2005, the United States mobile telephone sector increased subscribership from 184.7 million to 213 million, raising the nationwide penetration rate to approximately 71 percent of the population. Mobile subscribers continued to increase the amount of time they spend talking on their mobile phones, with average minutes of use per subscriber per month rising to 740 minutes in the second half of 2005 from 584 minutes in 2004 and 507 minutes in 2003."

This item is FCC 06-142 in WT Docket No. 06-17 (Terminated). The FCC adopted this item at its September 26 meeting. See also, FCC release [PDF].

More FCC News

9/29. The Federal Communications Commission (FCC) released a Second Order on Reconsideration and Second Report and Order [50 pages in PDF] regarding the regulation of broadcasters with respect to children's television. This item is FCC 06-143 in MM Docket 00-167. The FCC adopted this item at its September 26 meeting. See also, FCC release [PDF].

9/29. The Federal Communications Commission (FCC) released a Memorandum Opinion and Order [11 pages in PDF] that denies a petition filed by Fones4All requesting that the FCC expand incumbent local exchange carriers' (LECs) unbundling obligations by forbearing from specific aspects of the FCC's unbundling rules. This item is FCC 06-145 WC Docket No. 05-261. See also, FCC release. Earl Comstock, head of COMPTEL, wrote in a release that his group is now "deeply disappointed".

Supreme Court News

10/2. The Supreme Court released a long Order List [86 pages in PDF], the first of the 2006 Term.

10/2. The Supreme Court denied certiorari in Peeler v. MCI, a case regarding installation of fiber optic cable along an abandoned railroad right of way in which Peeler claimed an interest as an owner of an adjacent parcel. MCI prevailed below. This lets stand the opinion [PDF] of the U.S. Court of Appeals (7thCir). See also, story titled "7th Circuit Rules in Case Regarding Installation of Fiber Optic Cable in RR ROW" in TLJ Daily E-Mail Alert No. 1,369, May 12, 2006. This case is Sallie Peeler v. MCI, Inc. and MCI WorldCom Network Services, Inc., Sup. Ct. No. 06-181, a petition for writ of certiorari to the 7th Circuit. The Court of Appeals case is App. Ct. No. 01-3019. It heard an appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, D.C. No. IP 01-983-C-Y/G, Judge Richard Young presiding. See, Order List [86 pages in PDF, at page 46.]

10/2. The Supreme Court denied certiorari in Systems Division v. Teknek Electronics, a patent infringement case. This is Sup. Ct. No. 05-1489, a petition for writ of certiorari to the U.S. Court of Appeals (FedCir). See, Supreme Court docket and Order List [86 pages in PDF, at page 10].

10/2. The Supreme Court denied certiorari in Prevenslik v. USPTO, a pro se patent related case. This is Sup. Ct. No. 06-6006, a petition for writ of certiorari to the U.S. Court of Appeals (4thCir). See, Supreme Court docket and Order List [86 pages in PDF, at page 71].

10/2. The Supreme Court granted a motion for leave to file a petition for writ of certiorari under seal. The Supreme Court docket discloses that this is a petition for writ of certiorari to the U.S. Court of Appeals (2ndCir), but little else, including the identity of the parties, or the nature of the case. This is Sup. Ct. No. 06M24. See, Order List [86 pages in PDF, at page 4.]

Washington Tech Calendar
New items are highlighted in red.
Tuesday, October 3

The House will not meet. It may return from it elections recess on Monday, November 13, 2006. The adjournment resolution (HConRes 483) provides for returning on Thursday, November 9, at 2:00 PM.

The Senate will not meet. See, HConRes 483.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Immersion v. Sony Computer, an appeal from the U.S. District Court (NDCal) in a patent infringement case involving the technology used in the controller in Sony PlayStation consoles. This case is App. Ct. No. 2005-1227 and D.C. No. C-02-071 CW (WDB). Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM - 1:30 PM. The American Enterprise Institute (AEI) will host a program titled "The World Trading System after the Collapse of Doha: The WTO, Developing Countries, and Regionalism". There will be a panel discussion at 10:00 AM. The speakers will include Grant Aldonas (recently Under Secretary of Commerce), Claude Barfield (AEI), Daniel Drezner (Tufts University), and Daniel Tarullo (Georgetown University Law Center). U.S. Trade Representative Susan Schwab will give the luncheon address. See, notice. Location: 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Sued in China -- Litigation Exposure and Solutions for American Businesses". The speakers will include Xiang Ji (Fangda Partners) and Jonathan Cedarbaum (Wilmer Hale). The price to attend ranges from $10 to  $15. For more information, call 202-626-3463. See, notice. Location: Morrison & Foerster, 2000 Pennsylvania Ave., NW, Suite 5500.

3:00 - 5:00 PM. The Securities and Exchange Commission (SEC) will host a roundtable on interactive data. The speakers will include Chris Cox (SEC Chairman), Indra Nooyi (CEO of PepsiCo), Terry Savage (Chicago Sun-Times), Alfred Berkeley (Pipeline Trading Systems), Robert Blake (Rivet Software), Timothy Bray (Sun Microsystems), Martijn Cremers (Yale School of Management), William Diefenderfer (enumerate Solutions), Darren Duffy (Lipper Inc.), and Frank Hodge (University of Washington). The SEC also seeks written comments. See, notice and notice. Location: SEC, auditorium, 100 F Street, NE.

5:00 - 7:00 PM. The DC Bar Association will host a panel discussion titled "The International and Comparative Antitrust Law Lecture Series Fair Processes and Efficient Markets: The Goals of Antitrust in a Global Trading Environment". The speakers will include Deborah Majoras (FTC Chairman), Joseph Seon Hur (Secretary General, Korea Fair Trade Commission), Shyam Khemani (World Bank Group), and Jay Holsten (Torys LLP). The price to attend ranges from $50 to $100. For more information, call 202-274-4075. See, notice. Location: American University law school, Room 603, 4801 Massachusetts Ave., NW.

Wednesday, October 4

11:00 AM - 12:00 NOON. The Federal Communications Commission's (FCC) WRC-07 Advisory Committee will meet to discuss preparations for the 2007 World Radiocommunication Conference. See, notice in the Federal Register, September 6, 2006, Vol. 71, No. 172, at Page 52544. Location: FCC, Room TW-C305, 445 12th Street, SW.

12:00 NOON - 1:00 PM. The Heritage Foundation will host a panel discussion titled "Government 2.0: How Bloggers Claimed Their First Major Policy Victory". It will address the role of bloggers in the enactment of S 2590, the "Federal Funding Accountability Act". The speakers will be Bill Allison (Sunlight Foundation), N.Z. Bear (Truthlaidbear.com), Rebecca Carr (Cox Newspapers), Justin Rood (TPMmuckraker.com), Mark Tapscott (Washington Examiner), and Tim Chapman (Heritage). See, notice. Location: Heritage, Massachusetts Ave., NE.

12:00 NOON. John Samples will talk about his book titled "The Fallacy of Campaign Finance Reform" [Amazon]. The Cato Institute's notice of the event does not state whether or not Samples will discuss use of the Federal Election Campaign Act (FECA) to regulate internet based speech. The other speakers will be Robert Bauer (Perkins Coie) and Eliza Carney (National Journal). See, notice and registration form. Lunch will be served after the event. Location: Cato Institute, 1000 Massachusetts Ave., NW.

Thursday, October 5.

8:00 AM - 11:30 AM. The Information Technology Association of America (ITAA), Federal Communications Bar Association (FCBA), Kirkpatrick Lockhart Nicholson Graham (KLNG), and Washington Metropolitan Area Corporate Counsel Association (EMACCA) will host a continuing legal education (CLE) seminar titled "Media, Telecom & Technology Convergence". The speakers will be Joe Bogdan (World Wrestling Entertainment), Lawrence Cooper (BET Holdings), Susan Fox (The Walt Disney Company), Anne Hoge (Yahoo), Kevin Kuzas (Comcast Interactive Media), Ross Vincenti (Sprint Nextel), and Ted Stern (Amazon.com). See, notice. For more information, contact Nikki Stevens at 202-778-9341 or nstevens at klng dot com. Location: KLNG, 1601 K St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Safeclick v. Visa International Service Association. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case involving a patent pertaining to authentication of the identity of a payment cardholder in an online transaction. This is case is App. Ct. No. 2006-1227 and D.C. No. 03-5865. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Dolby Laboratories v. Lucent Technologies. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case involving Dolby’s AC-3 technology. This is case is App. Ct. No. 2006-1053. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy will meet. The agenda includes (1) the USG telecommunications/ICT consultations in Tokyo on October 16-18, 2006, and in Beijing on October 19-20, 2006; (2) the International Telecommunication Union Plenipotentiary Conference on November 6-24, 2006; (3) the Internet Governance Forum on October 30-November 2, 2006; (4) the U.S.-India Working Group Meeting on December 14-15, 2006; and (5) the U.S. domestic public safety radio communications coordination in United States border regions. See, notice in the Federal Register, September 22, 2006, Vol. 71, No. 184, at Pages 55542-55543. Preregistration by 5:00 PM on October 2 is a prerequisite for attending this meeting. Location: Loy Henderson Auditorium, Truman Building, 2201 C Street, NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a panel discussion titled "Developments in U.S. Policies and Procedures Concerning Exports to the PRC". The speakers will include Matthew Borman (Deputy Assistant Secretary for Export Administration, Bureau of Industry and Security), William Reinsch (National Foreign Trade Council), Stephan Becker (Pillsbury Winthrop Shaw Pittman), and Debra Cheng (McGuire Woods). The price to attend ranges from $15 to $35. For more information, call 202-626-3463. See, notice. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 Level.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its Draft Special Publication 800-76-1 [33 pages in PDF] titled "Biometric Data Specification for Personal Identity Verification".

Day one of a two day conference hosted by the Association of American Publishers' (AAP) School Division and the Software & Information Industry Association's (SIIA) Education Division titled "School Technology Summit on K-12 Digital Content: Evolving Models and Markets". See, notice. Prices vary. Location: Renaissance Hotel, 999 Ninth St., NW.

2:00 - 3:30 PM. The Center for Democracy and Technology (CDT) will host a panel discussion event titled "Warehousing Consumers' Online Travels to Catch Child Predators and Terrorists". The panelists will include Jim Halpert (DLA Piper) and David Sobel (Electronic Freedom Foundation). For more information, contact Danielle Yates at dyates at netcaucus dot org or 202-638-4370. Location: Mike Mansfield Room, U.S. Capitol Building.

Friday, October 6

Day two of a two day conference hosted by the Association of American Publishers' (AAP) School Division and the Software & Information Industry Association's (SIIA) Education Division titled "School Technology Summit on K-12 Digital Content: Evolving Models and Markets". See, notice. Prices vary. Location: Renaissance Hotel, 999 Ninth St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division regarding its Draft Special Publication 800-45A [143 PDF], titled "Guidelines on Electronic Mail Security".

Monday, October 9

Columbus Day.

The Federal Communications Commission (FCC) and other federal offices will be closed. See, Office of Personnel Management's (OPM) list of federal holidays.

Tuesday, October 10

10:00 AM. The Supreme Court will hear oral argument in Global Crossing v. Metrophones, Sup. Ct. No. 05-705, a case regarding whether 47 U.S.C. § 201(b) creates a private right of action for a provider of payphone services to sue a long distance carrier for alleged violations of the FCC's regulations concerning compensation for coinless payphone calls.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will hold a meeting. The agenda includes an item titled "Convergence of Physical and Cyber Technologies and Related Security Management Challenges". The speakers will include John Chambers (P/CEO of Cisco Systems), George Conrades (Executive Chairman of Akamai Technologies), and Gregory Peters (former P/CEO of Internap Network Services). The NIAC also accepts written public comments. See, notice in the Federal Register, September 27, 2006, Vol. 71, No. 187, at Pages 56541-56542. Location: National Press Club, 529 14th Street, NW.

Deadline to submit reply 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.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Federal-State Joint Board on Universal Service in response to the FCC's public notice [PDF] requesting comments regarding the use of reverse auctions to determine high cost universal service funding to eligible telecommunications carriers. This proceeding is WC Docket No. 05-337 and CC Docket No. 96-45. See, notice in the Federal Register, August 25, 2006, Vol. 71, No. 165, at Pages 50420-50421.

People and Appointments

10/2. The National Telecommunications and Information Administration (NTIA) announced the members of the NTIA's Performance Review Board. They are Frederick Wentland (Associate Administrator for Spectrum Management), Bernadette Rivera (Associate Administrator for Telecommunication and Information Applications), Alan Vincent (Associate Administrator for Telecommunication Sciences and Director of the Institute for Telecommunication Sciences), Michael Crison (National Oceanic and Atmospheric Administration), and Daniel Hurley (Communications and Information Infrastructure Assurance Program). See, notice in the Federal Register, October 2, 2006, Vol. 71, No. 190, at Pages 57928-57929.

10/2. The Office of the U.S. Trade Representative (OUSTR) announced the members of its Performance Review Board. They are: Fred Ames (Assistant USTR for Administration), Florie Liser (Assistant USTR for Africa) David Walters (Assistant USTR for Economic Affairs and Chief Economist), and Lorraine Green (Deputy Assistant USTR for Administration and Director of Human Resources). See, notice in the Federal Register, October 2, 2006, Vol. 71, No. 190, at Page 58018.

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