12/13. The Federal Communications Commission (FCC) released an agenda [2 pages in PDF] for its event on Wednesday, December 20, 2006, titled "Open Meeting".

The agenda states that the FCC will consider a Report and Order and Further Notice of Proposed Rulemaking regarding Section 621(a)(1).

Section 621 of the Communications Act of 1934, as amended by the Cable Television Consumer Protection and Competition Act of 1992, is codified at 47 U.S.C. § 541. Subsection (a)(1) provides that "A franchising authority may award, in accordance with the provisions of this subchapter, 1 or more franchises within its jurisdiction; except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision pursuant to the provisions of section 555 of this title for failure to comply with this subsection."

The FCC adopted a Notice of Proposed Rulemaking (NPRM) [26 pages in PDF] on November 3, 2005. The FCC released the text of this NPRM on November 18, 2005. It is FCC 05-189. This proceeding is MB Docket 05-311. See also, story titled "FCC Adopts NPRM Regarding Local Franchising of Video Services" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005.

The agenda also states that the FCC will consider a 9th NPRM regarding public safety communications in the 700 MHz band. This proceeding is WT Docket No. 96-86.

The agenda also states that the FCC will consider a Report on cable industry prices. This proceeding is MM Docket No. 92-266.

The agenda also states that the FCC will consider a Declaratory Ruling (DR) regarding whether internet protocol (IP) captioned telephone service is a form of telecommunications relay service (TRS) compensable from the Interstate TRS Fund. This proceeding is CG Docket No. 03-123.

However, this agenda does not include consideration of a Memorandum Opinion and Order regarding the merger of AT&T and BellSouth.

This event titled "Open Meeting" is scheduled for 9:30 AM on Wednesday, December 20, 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 events at the scheduled time, or at all. The FCC usually does not release at its events copies of the items that it adopts at its events.

12/12. Rep. Nancy Pelosi (D-CA), who will be the Speaker of the House in the 110th Congress, announced some new members of House committees. See, release. Subcommittee assignments and Chairs have not yet been announced.

Rep. elect Steve Cohen (D-TN) was named to the House Judiciary Committee (HJC). Cohen, a Tennessee state senator, will represent the Memphis, Tennessee, district previously represented by Rep. Harold Ford (D-TN), who ran unsuccessfully for the US Senate.

Seven sitting Representatives, and one Representative elect, were named to the House Commerce Committee (HCC): Rep. Jane Harman (D-CA), Rep. Leonard Boswell (D-IA), Rep. Darlene Hooley (D-OR), Rep. Anthony Weiner (D-NY), Rep. Jim Matheson (D-UT), Rep. G.K. Butterfield (D-NC), Rep. Charlie Melancon (D-LA), and Rep. elect Baron Hill (D-IN).

See also, Rep. Hooley's release, Rep. Boswell's release, Rep. Matheson's release, and Rep. Melancon's release.

Rep. Pelosi passed over Rep. Harman in naming Rep. Sylvestre Reyes (D-TX) to be Chairman of the House Intelligence Committee (HIC). She was the ranking Democrat on the HIC in the 109th Congress. See, Rep. Harman's release.

TLJ spoke with an assistant to Rep. Pelosi who said that she "hasn't decided ratios yet", and that further assignments could be made. He added that there is "no way to get a full roster of committee" memberships until January.

Rep. Weiner, who has been named to the HCC, and Rep. Van Hollen, who has been named to the House Ways and Means Committee (HWMC), are both currently members of the HJC. Rep. Weiner is also a member of the Subcommittee on Courts, the Internet and Intellectual Property.

Both the HCC and the HWMC are designated as exclusive committees. Rep. Weiner and Rep. Van Hollen must give up their current HJC assignments, unless they request and receive waivers. There are precedents for members sitting on both the HJC and HCC, such as Rep. Rick Boucher (D-VA).

Neither Rep. Weiner's nor Rep.Van Hollen's offices immediately returned phone calls from TLJ.

12/13. Sen. Tim Johnson (D-SD) is hospitalized in Washington, DC. See, release of Sen. Harry Reid (D-NV) which states that Sen. Johnson "has suffered a possible stroke". There is a possibility that Republicans could regain control of the Senate as a result.

The partisan balance in the Senate is 51-49. Were Sen. Johnson to leave the Senate, the partisan balance would become 50-49. Were the Governor of South Dakota, who is Republican Michael Rounds, to appoint a Republican replacement, the partisan balance of the Senate would become 50-50. The Constitution provides that the Vice President, who is currently the Republican Dick Cheney, breaks tie votes in the Senate. See also, statement of Gov. Rounds.

The US Constitution, at Article I, Section 3, paragraph 4, provides in part that "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."

The US Constitution, at Amendment XVII, provides in part that "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

South Dakota Codified Laws, at 12-11-4, provides as follows: "Temporary appointment by Governor to fill vacancy in United States Senate. Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States."

12-11-1 provides as follows: "Special election to fill congressional vacancy -- Time of election of representative. If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.

Also, the South Dakota Constitution, at Article IV, Section 3, provides that "Whenever a vacancy occurs in any office and no provision is made by the Constitution or laws for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment."

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The House and Senate will next meet at 12:00 NOON on Tuesday, January 4, 2007. See, HConRes 503.

9:00 AM - 5:00 PM. Day one of a two day conference hosted by the Federal Communications Bar Association (FCBA) and the Practicing Law Institute titled "Telecommunications Policy and Regulation". See, agenda [MS Word] and registration form [MS Word]. The price to attend ranges from $1,165.50 to $1,295. The price for FCC employees is $25. Location: Washington Hilton Hotel, 1919 Connecticut Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the National Aeronautics and Space Administration's (NASA) request for a waiver of the FCC's Calling Party Number rules. This proceeding is CC Docket No. 91-281. See, notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69094-69096.

9:15 AM. Exchange between FCC Chairman Kevin Martin and Richard Wiley (Wiley Rein & Fielding).

9:45 AM. Panel titled "Congressional Panel". The speakers will be James Assey (Senate Commerce Committee), Colin Crowell (House Commerce Committee), and Lisa Sutherland (Senate Commerce Committee). The moderators will be Clark Wadlow (Sidley Austin) and Gerard Waldron (Covington & Burling).

11:00 AM. Speech by Thomas Navin (Chief of the FCC's Wireline Competition Bureau).

11:30 AM. Panel titled "Developments in Wireline Communications". The speakers will be Henry Rivera (Vinson & Elkins), Riley Temple (Halprin Temple), Michelle Carey (Legal Advisor to FCC Chairman Kevin Martin), Earl Comstock (Comptel), Paul Glenchur (Stanford Washington Research Group), Robert Quinn (AT&T), Curtis Stamp (Iowa Utilities Board), and Lisa Zaina (Independent Telephone & Telecommunications Alliance).

12:30 PM. Luncheon speech by Ed Whitacre (AT&T).

2:00 PM. Speech by Catherine Seidel (acting Chief of the FCC's Wireless Telecommunications Bureau).

2:30 PM. Panel titled "Developments in Wireless Communications". The speakers will be Kathleen Abernathy (Akin Gump), Karen Brinkmann (Latham & Watkins), William Anaya (Motorola), Carolyn Brandon (CTIA–The Wireless Association), Paula Ford (Microsoft), Aaron Goldberger (Legal Advisor to FCC Commissioner Deborah Tate), Peter Pitsch (Intel), and Thomas Sugrue (T-Mobile USA).

3:45 PM. Speech titled "Tutorial on Internet Developments" by David Farber (Carnegie Mellon University).

4:30 PM. Speech by John Kneuer, acting head of the NTIA.

9:00 AM - 12:45 PM. Day two of a two day conference hosted by the Federal Communications Bar Association (FCBA) and the Practicing Law Institute titled "Telecommunications Policy and Regulation". See, agenda [MS Word] and registration form [MS Word]. The price to attend ranges from $1,165.50 to $1,295. The price for FCC employees is $25. Location: Washington Hilton Hotel, 1919 Connecticut Ave., NW.

9:30 AM - 12:30 PM. The National Archives and Records Administration (NARA) Information Security Oversight Office's (ISOO) Public Interest Declassification Board (PIDB) will hold a meeting. See, notice in the Federal Register, December 5, 2006, Vol. 71, No. 233, at Pages 70550-70551. Location: NARA, Rooms 500 and 501, 700 Pennsylvania Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) to assist the Wireless Telecommunications Bureau (WTB) in drafting a report on the ability of persons with hearing disabilities to access digital wireless telecommunications. See, FCC Public Notice [4 pages in PDF] (DA 06-2285). This proceeding is WT Docket No. 06-203.

Deadline to submit initial comments to the Office of the US Trade Representative regarding the operation, implementation and effectiveness of all trade agreements regarding telecommunications products and services to assist it in preparing its annual Section 1377 report. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Pages 66563-66564.

9:00 AM. Speech by FCC Commissioner Michael Copps.

9:30 AM. Panel titled "Developments in Homeland Security". The speakers will be Nancy Victory (Wiley Rein & Fielding), Peter Fonash (Deputy Manager of the DHS's National Communications System), Robert Gurss (APCO International), Kenneth Moran (Director of the FCC's Office of Homeland Security).

10:30 AM. Panel titled "Network Neutrality". The speakers will be Scott Cleland (NETCompetition.org), Gigi Sohn (Public Knowledge), and Diane Cornell (Inmarsat)

11:15 AM. Panel titled "Telecommunications Future". The speakers will be Michele Farquhar (Hogan & Hartson), Richard Wiley (Wiley Rein & Fielding), Dale Hatfield (University of Colorado at Boulder), Julius Knapp (Deputy Chief of the FCC's Office of Engineering and Technology,), Blair Levin (Managing Director of Stifel Nicholas), Robert Pepper (Cisco Systems), William Smith (BellSouth), and Alexandra Wilson (Cox Enterprises).

12:15 PM. Speech by FCC Commissioner Robert McDowell.

Hanukkah.

Effective date of the Report and Order (R&O) portion of the Federal Communications Commission's (FCC) R&O and Further Notice of Proposed Rulemaking (FNPRM) in its TV white space proceeding. This item is FCC 06-156 in ET Docket Nos. 04-186 and 02-380. The FCC adopted this item at an October 12, 2006, meeting, and released it on October 18, 2006. See, story titled "FCC Adopts Order and FNPRM Regarding TV White Space" in TLJ Daily E-Mail Alert No. 1,467, October 12, 2006, and notice in the Federal Register, November 17, 2006, Vol. 71, No. 222, at Pages 66897-66905.

1:00 - 4:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a partially closed meeting. At 1:00 PM the NSTAC will meet in public to receive comments from government agencies, to discuss the work of the NSTAC's Emergency Communications and Interoperability Task Force (ECITF), and to discuss the work of the Telecommunications and Electric Power Interdependency Task Force (TEPITF). At 3:00 PM the NSTAC will meet in secret to discuss the Global Infrastructure Resiliency (GIR) Report. See, notice in the Federal Register, December 4, 2006, Vol. 71, No. 232, at Pages 70413. Location: U.S. Chamber of Commerce, 1615 H St., NW.

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

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the petition for declaratory ruling filed by One Stop Financial, Inc., Group Discounts, Inc., 800 Discounts, Inc., and Winback & Conserve Program, Inc. pertaining to the AT&T tariff at issue, and "any other issues left open by the D.C. Circuit’s Opinion in AT&T Corp. v. FCC", 394 F.3d 933. This proceeding is WC Docket No. 06-210. See, FCC Public Notice [3 pages in PDF] (DA 06-2360).

10:00 AM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register: December 6, 2006, Vol. 71, No. 234, Page 70766. Location: FCC, Room 7-C753, 445 12th St., SW.

Extended deadline to submit reply 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, original notice in the Federal Register, August 9, 2006, Vol. 71, No. 153, at Pages 45511-45515, and order [PDF] extending deadlines.