1/19. The U.S. District Court (SDNY) issued a Memorandum and Order [23 pages in PDF] in Atlantic Recording Corporation v. XM denying XM Satellite Radio's motion to dismiss.

Record companies filed a complaint against XM alleging infringement of their distribution rights, and other claims. XM is a licensed satellite broadcast with a statutory performance license under 17 U.S.C. § 114. However, it did not obtain distribution rights from the record companies. XM asserted that it did not distribute, and that the Audio Home Recording Act (AHRA), at 17 U.S.C. § 1008, which provides immunity from infringement actions for the "distribution of a digital audio recording device", immunizes it from the record companies' claims. The District Court held that XM's service titled "XM + MP3" makes it both a broadcaster (for which it has a statutory license) and a distributor (for which it has not purchased rights), and that the AHRA does not immunize its conduct.

On May 16, 2006, members of the Recording Industry Association of America (RIAA) filed a complaint in U.S. District Court (SDNY) against XM alleging various copyright related claims. See, stories titled "Summary of the RIAA Lawsuit Against XM Satellite Radio", "Music Licensing, Satellite Radio, and Perform Act Debated", and "Summary of the Sen. Feinstein's Perform Act" in TLJ Daily E-Mail Alert No. 1,384, June 5, 2006.

The argument of Atlantic Recording and other RIAA members is that satellite radio is not merely a broadcast service that performs music, like traditional terrestrial radio; it also enables users to substitute the service for purchases of music. That is, the RIAA argued that it is a digital music distribution technology. Hence, while XM now pays a statutory performance license under Section 114 of the Copyright Act, which is codified at 17 U.S.C. § 114, it must also pay to license the distribution of copyrighted music, as do Apple's iTunes and other distribution services.

Section 114 provides that XM and other pre-existing satellite radio service providers are permitted to perform sound recordings publicly by means of a subscription digital audio transmission, provided that they operate in a manner similar to traditional terrestrial broadcast radio.

XM argued that it performs music, but does not distribute it, and hence, it is like radio, and not like iTunes. Moreover, it argued the the Audio Home Recording Act (AHRA) provides it immunity from claims for copyright infringement. It asserted that its service is like tape recorders and blank tapes purchased by consumers for private recording and use.

The original complaint alleged direct infringement of distribution rights, unauthorized digital phonorecord delivery, direct infringement of reproduction rights, and ephemeral recordings infringement. It also alleged inducement of infringement, and contributory and vicarious infringement. Finally, it alleged state law claims of common law copyright infringement and unfair competition for pre-1972 claims.

The complaint alleged that XM's services are not like traditional terrestrial broadcast radio. The complaint alleges that XM provides a "digital download subscription service that obliterates the careful limits Congress imposed in Section 114".

XM filed a motion to dismiss for failure to state a claim, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. It argued that it is shielded from infringement actions by the Audio Home Recording Act of 1992 (AHRA), which is codified at 17 U.S.C. §§ 1001-1010.

The key provision, Section 1008, provides in full that "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."

The District Court opinion provides a detailed discussion of the relevant facts. It states that "XM is a licensed satellite radio broadcaster", and that the "songs used in XM’s music programming include the Record Companies’ copyrighted recordings".

The opinion states that "XM radio broadcasts can only be received by XM subscribers who use radio receivers capable of decrypting XM’s broadcast signal." XM makes money "from subscription fees; XM listeners pay a monthly subscription fee of $12.95 in exchange for their ability to receive XM service and programming on an XM compatible radio receiver."

The District Court's opinion then describes XM's service titled "XM + MP3" that is at the heart of this litigation. It states that "XM has made it possible for subscribers to hear broadcasts over special receivers marketed as ``XM + MP3´´ players. ... XM + MP3 players are different from ordinary XM radios because they do more than receive XM radio broadcasts. XM + MP3 players have three distinct features. Aside from receiving XM radio broadcasts, an XM + MP3 player allows a user to store MP3 files, which he or she already owned or acquired from outside sources. ... Additionally, XM + MP3 players permit subscribers to record, retain and library individually disaggregated and indexed audio files from XM broadcast performances; the Record Companies refer to this final feature as a ``digital download delivery service´´ and this feature is the subject of this litigation." (Footnotes and citations omitted.)

The opinion adds that "All functionalities of an XM + MP3 player are controlled entirely by XM", including activation of service, termination, and "marking broadcast songs so that they can not be stored or saved".

It states that "while listening to XM programming, an XM + MP3 user can instantly record any song he or she hears at the touch of a button. ... a user can record and store in its entirety any broadcast song he or she hears, even if the user started listening to the song after it began to play."

It also states that "XM provides XM + MP3 users with playlists from blocks of broadcast programming which have been disaggregated into individual tracks. ... XM sends users these digital playlists with title and artist information included. ... These playlists identify all songs broadcast over a particular channel and during a particular period of time. ... Users can then scroll through a playlist and select which song(s) to store for future replay, and which to delete. ... A consequence of this utility is that XM + MP3 users can hear and store individual songs without actually listening to XM broadcast programming. "

The opinion also notes that XM enables users of this service to use a song search feature, which alerts the user when a song is played on any XM channel. Moreover, it states "With an XM + MP3 player, subscribers can store up to 50 hours of stored broadcast music, the approximate equivalent of 1,000 songs. ... Each of these songs is available for unlimited replay, for as long as the user maintains an XM subscription." (Footnotes and citations omitted.)

XM argued that it is distributor of a "digital audio recording device" (DARD) within the meaning of Section 1008. That is, it asserted that its XM + MP3 player is a DARD, and that Section 1008 therefore immunizes it from infringement actions based upon the use of these DARDs.

The District Court began its analysis by noting that "there is no precedent to guide the Court's interpretation of the AHRA where, as here, a purported distributor of a DARD primarily and simultaneously operates as a satellite radio broadcaster."

The Court then wrote that XM is a licensed broadcaster, and that this license permits "consumers to record from live broadcasts", but that this "does not extend to permitting consumers to record the music, whether or not heard at the time of broadcast, for as long as they pay XM the monthly subscription fee."

It continued that "The protected use of a consumer to record music for noncommercial use does not contemplate the commercial recording by a broadcaster to be ``leased´´ to the consumer for only as long as she pays the subscription fee to that broadcaster. The consumer does not own the recording; if the fee stops, so does the music."

The Court reasoned that the complaint alleges copyright violation arising out of XM's operating as an unauthorized distribution of copyrighted music. "XM is not being sued for actions taken in its capacity as a DARD distributor; therefore, XM is not immunized from this suit under the protection offered by the AHRA."

It also wrote that "By broadcasting and storing this copyrighted music on DARDs for later recording by the consumer, XM is both a broadcaster and a distributor, but is only paying to be a broadcaster."

The District Court concluded that "under the AHRA, XM is protected from suit based on actions taken in its capacity as a distributor of audio recording devices, but it is not immunized from suit based on its conduct as a satellite radio broadcaster, or from suit based on its actions as an XM + MP3 content delivery provider. The question presented here is plain: whether the conduct alleged in the Record Companies’ Complaint falls within the ambit of conduct protected by the AHRA. The Court finds that because of the unique circumstances of XM being both a broadcaster and a DARD distributor and its access to the copyrighted music results from its license to broadcast only, that the alleged conduct of XM in making that music available for consumers to record well beyond the time when broadcast, in violation of its broadcast license, is the basis of the Complaint, and being a distributor of a DARD is not. Thus the AHRA, on these facts, provides no protection to XM merely because they are distributors of a DARD."

The District Court therefore denied XM's motion to dismiss.

Steven Marks, General Counsel of the RIAA, stated in a release that "We're pleased that the court has rejected XM's attempt to misuse the Audio Home Recording Act (AHRA) as a legal loophole for distributing sound recordings to its subscribers. The AHRA was never intended to allow a service offering distributions of music to duck paying creators what they are due."

"As the court stated, `XM is both a broadcaster and a distributor, but is only paying to be a broadcaster.´  XM directly competes with other distribution services like Rhapsody, Napster and iTunes. It only follows that they should obtain distribution licenses just as those services have." Marks added that "Parity among digital music services is a key issue in today’s marketplace. With convergence from every direction, it is essential that all services operate on a level playing field where fair competition can thrive."

The Consumer Electronics Association (CEA) stated in a release that "With the motion to dismiss denied, it would be premature for Congress to act on this issue while the judicial process moves forward. Music lovers across the country are adopting innovative digital technologies to enjoy their lawfully acquired content where and when they want; we urge that they won't be disenfranchised and business models will adapt to better serve today's digital customers."

See also, amicus brief [25 pages in PDF] of the CEA and the Home Recording Rights Coalition.

On January 11, 2007, Sen. Dianne Feinstein (D-CA) and others introduced S 256, the "Platform Equality and Remedies for Rights Holders in Music Act of 2007", or "Perform Act".

This case is Atlantic Recording Corporation, et al. v. XM Satellite Radio, Inc., U.S. District Court for the Southern District of New York, D.C. No. 06 CV 3733 (DAB)(GWG), Judge Deborah Batts presiding.

1/23. President Bush gave a speech titled "The State of the Union. He had little to say about technology.

He had nothing to say about communications on IP based services. He did not address communications reform legislation, network neutrality, broadband deployment, or related issues.

He had nothing to say about patent reform, copyright proposals, trade related intellectual property rights (IPR) issues, or any other IPR issues.

Bush spoke at length about the Islamic terrorist threat, and the need to address it. However, he said nothing about the technology related aspects of anti-terrorist programs, such as electronic surveillance, intercepts capabilities, data retention, electronic databases, and data mining.

Bush discussed health care. He mentioned that "We need to reduce costs and medical errors with better information technology."

He also asked the Senate to hold votes on his judicial nominees. He stated that "We have a shared obligation to ensure that the federal courts have enough judges to hear those cases and deliver timely rulings. As President, I have a duty to nominate qualified men and women to vacancies on the federal bench. And the United States Senate has a duty, as well, to give those nominees a fair hearing, and a prompt up-or-down vote on the Senate floor."

He also spoke at length about the violence in Iraq, Middle East politics, and his plans for the U.S. military. He also discussed immigration and border security. He also briefly discussed the state of the economy, and added, "Next week, I'll deliver a full report on the state of our economy". He also discussed energy technology. He also advocated a balanced budget, greater transparency in appropriations "earmarks", and entitlements reform.

Laura Bush attended the President's speech in the chamber of the House of Representatives. The White House press office released a list of her quests in the gallery. It includes Ernie Allen, head of the National Center for Missing & Exploited Children. He urges the Congress to impose a data retention mandate on internet service providers. See, Allen's prepared testimony for the Senate Commerce Committee's (SCC) hearing on September 19, 2006, titled "Online Child Pormography".

1/17. The Business Software Alliance (BSA) released its 2007 Public Policy Agenda. It advocates the following:

Revise Patent Act. The BSA wants the "Congress to enact comprehensive patent reform legislation that seeks to improve patent quality and deter abuses of questionable patents through frivolous litigation."

Enhance Criminal Copyright Enforcement. The BSA wants the "Congress to increase copyright enforcement by improving legal tools to pursue piracy" and "to increase investigative resources and training for the FBI, as well as dedicating more resources to prosecute copyright violations".

Impose a Network Neutrality Mandate. The BSA wants the "Congress to keep the Internet a non-discriminatory avenue of opportunity for both individuals and businesses, maintaining its public nature".

Preempt State Data Breach Notification Laws. The BSA wants Congressional data security legislation to create a "technology neutral national legal standard on data breach notification".

Pursue TPA, FTAs and Doha Round. The BSA supports extension of trade promotion authority (TPA), which expires this year. It also advocates more free trade agreements (FTAs). Also, the BSA "called for the reinvigoration of World Trade Organization talks since software and computer companies depend on free and open trade for their commercial viability."

Engage China on IPR. The BSA wants the PRC crack down on "online copyright infringement" and "strengthen enforcement of copyright protection". It also seeks "non-discriminatory procurement policies".

The BSA also stated that it supports "increased federal investment in basic research programs". It also supports "permanent incentives for private sector investment in research and development", which would include making the R&D tax credit permanent. It also supports "a H1-B visa program that is more responsive to market needs".

1/23. John Love was named Deputy commissioner for Patent Examination Policy at the U.S. Patent and Trademark Office (USPTO). He has worked for the USPTO since 1969. See, USPTO release.

1/23. Phil Perry announced his resignation as General Counsel at the Department of Homeland Security (DHS), effective February 6, 2007. See, statement by Michael Chertoff.

1/24. The Office of the U.S. Trade Representative (OUSTR) published a notice in the Federal Register requesting comments regarding the adequacy and effectiveness of intellectual property rights (IPR) protection and enforcement at the provincial level in the People's Republic of China (PRC). The OUSTR states that it is particularly interested in details about Beijing City, Fujian Province, Guangdong Province, Jiangsu Province, Shanghai City, and Zhejiang Province. See, Federal Register, January 24, 2007, Vol. 72, No. 15, at Pages 3170-3171. The OUSTR previously sought, and received, comments regarding the provinces and other provincial-level jurisdictions and issues that should be the focus of a special provincial review (SPR) of IPR protection in the PRC. See, notice in the Federal Register, June 16, 2006, Vol. 71, No. 116, at Pages 34969-34970, and story titled "USTR Seeks Comments IPR Protection in Various Locations in China" in TLJ Daily E-Mail Alert No. 1,393, June 16, 2006.

1/23. The Federal Communications Commission (FCC) announced the corporate and group members of its task force titled "Media and Childhood Obesity: Today and Tomorrow". See, FCC release [PDF] and statement [PDF] by FCC Commissioner Deborah Tate.

1/23. The Federal Communications Commission (FCC) released a Notice of Debarment [11 pages in PDF] against Premio, Inc., which debars Premio from participating, for one year, in the FCC's waste, fraud, and abuse plagued e-rate tax and subsidy program. Premio has been convicted of two e-rate related felonies. This item is FCC 06-177. The FCC also released a Notice of Debarment [12 pages PDF] against NextiraOne LLC. NextiraOne is also a convicted e-rate felon. The FCC debarred it for one year. This item is FCC 06-126.

1/23. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register requesting comments regarding hash algorithm requirements and evaluation criteria. Comments are due by April 27, 2007. The notice states that the "NIST has decided to develop one or more additional hash functions through a public competition, similar to the development process for the Advanced Encryption Standard (AES)." The present notice is a prelude to this competition. The NIST has drafted, and seeks comment on, minimum acceptability requirements, submission requirements, and evaluation criteria for candidate algorithms. The NIST does not yet want competition candidate algorithms. See, Federal Register, January 23, 2007, Vol. 72, No. 14, at Pages 2861-2863, and notice in NIST web site.

1/23. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (January 23, 2007) of the changes to its rules of practice to support implementation of the USPTO's electronic filing system (EFS) for patent correspondence, including the web based electronic filing system (EFS-Web). See, Federal Register, January 23, 2007, Vol. 72, No. 14, at Pages 2770-2776.

The House will meet at 10:00 AM for legislative business. See, Majority Leader's weekly calendar [PDF].

The Senate will meet at 9:30 AM for morning business. It will then resume consideration of HR 2, the "Fair Minimum Wage Act of 2007".

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold its organizational meeting for the 110th Congress. See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee will hold its organizational meeting for the 110th Congress. Location: Room 2318, Rayburn Building.

10:30 AM. The House Education and Labor Committee will hold its organizational meeting for the 110th Congress. Location: Room 2175, Rayburn Building.

10:00 - 11:00 AM. The U.S. Chamber of Commerce (USCC) will host a news briefing regarding its "No Trade in Fakes Supply Chain Tool Kit: Protecting Businesses, Consumers, and Brand Integrity". The speakers will describe ways that businesses can protect their supply chains and consumers from counterfeiters and pirates. The speakers will be Caroline Joiner (Executive Director of the USCC's Global Anti-Counterfeiting and Piracy Initiative), Brad Huther (USCC), Stephen Jacobs (Deputy Assistant Secretary for Trade Agreements and Compliance at the Department of Commerce's International Trade Administration), and Aaron Graham (Purdue Pharma). The USCC states that "Credentialed members of the media are invited to attend". Location: USCC, 1615 H St., NW.

10:30 AM. The House Education & Labor Committee (previously the House Education & Workfoce Committee) will hold its organizational meeting for the 110th Congress. Location: Room 2175, Rayburn Building.

12:00 NOON - 1:30 PM. The DC Bar Association will host a panel discussion titled "Global Trademark Portfolio Part I: Clearance and Registration". The speakers will include Thomas Brooke (Holland & Knight), Jennifer Elgin (Wiley Rein & Fielding), and Leigh Ann Lindquist (Sughrue Mion). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

Day one of a two day symposium hosted by the Georgetown University law school titled "Global Sourcing and the Global Lawyer". See, symposium web site. Location: 12th floor, Gewirz Student Center, 120 F St., NW.

The Majority Leader's weekly calendar [PDF] states that "No votes are expected in the House".

8:00 AM - 4:30 PM. The Federal Trade Commission (FTC) will hold a workshop on online marketing of negative options. See, FTC release and notice [PDF] to be published in the Federal Register. Location: FTC satellite building conference center, 601 New Jersey Ave., NW.

9:30 AM. The Senate Banking Committee will hold a hearing titled "Examining the Billing, Marketing, and Disclosure Practices of the Credit Card Industry, and Their Impact on Consumers". See, notice. Location: Room 538, Dirksen Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument, en banc, in Boehner v. McDermott. See also, story titled "Court of Appeals Holds that Rep. McDermott Violated Wiretap Act" in TLJ Daily E-Mail Alert No. 1,339, March 30, 2006. Location: 333 Constitution Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. See, notice. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch. The topic will be "The 2007 Regulatory Landscape; Thoughts From CMRS Carrier Washington Office Heads". The speakers will include Tom Sugrue (T-Mobile), John Scott (Verizon Wireless), and Chris Guttman-McCabe (CTIA - The Wireless Association). Location: 10th floor, Latham & Watkins, 555 11th St., NW.

1:30 - 2:45 PM. The Telecommunications Industry Association (TIA) will host a news briefing via teleconference to announce the findings of the "TIA's 2007 Telecommunications Market Review and Forecast". The speakers will be Grant Seiffert (head of the TIA) and Arthur Gruen (principal author). To obtain call-in information contact Terry Lane at 703-907-7723 or tlane at tiaonline dot org, or Neil Gaffney at 703-907-7721 or ngaffney at tiaonline dot org. The TIA states that this event "is available to credentialed media only".

Day two of a two day symposium hosted by the Georgetown University law school titled "Global Sourcing and the Global Lawyer". From 8:30 - 10:00 AM there will be a panel discussion titled "Data Privacy/Protection and Global Sourcing". From 10:15 - 11:45 AM there will be a panel discussion titled "Technology Transfers, Intellectual Property and Global Sourcing". See, symposium web site. The event is free and open to the public, but registration is requires. See, registration page. Location: 12th floor, Gewirz Student Center, 120 F St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its 7th Further Notice of Proposed Rulemaking in its proceeding titled "Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service". This item proposes a new DTV Table of Allotments providing all eligible stations with channels for DTV operations after the DTV transition. The FCC adopted this item on October 10, 2006, and released it on October 20, 2006. See, story titled "FCC Adopts NPRM Proposing New DTV Table of Allotments" in TLJ Daily E-Mail Alert No. 1,473, October 23, 2006. This item is FCC 06-150 in MB Docket No. 87-268. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Pages 66591-66631. See, notice of extention [2 pages in PDF] (DA 07-38).

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rule making (NPRM) regarding proposed licensing procedures and service rules for satellites providing Direct Broadcast Satellite (DBS) service. The NPRM also seeks comment on licensing non-nine-degree-spaced DBS applications. See, notice of extension in the Federal Register, January 24, 2007, Vol. 72, No. 15, at Pages 3102-3103. This proceeding is IB Docket 06-160.

The Majority Leader's weekly calendar [PDF] states that "No votes are expected in the House".

2:00 - 3:00 PM. The Information Technology Association of America (ITAA) will host a webcast event titled "ITAA Tech Law: The new Federal e-Discovery Rules. Are You Ready? Privacy and Data Protection Series with Venable LLP". The speaker will be Damon Wright (Venable). See, ITAA notice.

9:00 AM - 3:30 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partly closed meeting. See, notice in the Federal Register, January 16, 2007, Vol. 72, No. 9, at Page 1705. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

Deadline to submit comments to the Federal Bureau of Investigation's (FBI) Electronic Surveillance Technology Section (ESTS) regarding its Communications Assistance for Law Enforcement Act of 1994 (CALEA) related cost recovery process information collection activities. See, notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69146-69147.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding its review of regulations, pursuant to the Regulatory Flexibility Act of 1980, of FCC regulations that become ten years old in 2006, to determine whether such regulations should be changed, amended, or rescinded. See, notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69085-69094. This notice includes a list of relevant regulations.

TIME? Day one of a two day closed meeting of the Department of Defense's (DOD) Defense Science Board's (DSB) Task Force on Space Industrial Base [PDF]. See, notice in the Federal Register, January 24, 2007, Vol. 72, No. 15, at Page 3116. Location: Science Applications International Corporation (SAIC), 4001 N. Fairfax Drive, Arlington, VA.

9:00 AM - 12:30 PM. The U.S. Chamber of Commerce (USCC) will host a workshop titled "Social Networking, Viral Campaigns, and Humor: What you Need to Know". This is the second of four workshops in a series titled "Online Strategies for Grassroots Advocacy". See, notice. Location: USCC, 1615 H St., NW.

9:00 AM - 3:30 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, January 16, 2007, Vol. 72, No. 9, at Page 1705. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

10:00 AM. The House Ways and Means Committee will hold a hearing titled "Trade and Globalization". See, notice. Press contact: 202-225-1721. Location: Room 1100, Longworth Building.

12:00 NOON - 2:00 PM. The Center for American Progress (CAP) will host a panel discussion titled "Local Media Diversity Matters to All Americans". The speakers will be Rep. Xavier Becarra (D-CA), Robert Entman (George Washington University), Philip Napoli (Fordham University), Federico Subervi (Texas State University -- San Marcos), and Mark Lloyd (CAP). Lunch will be served at 12:00 NOON. The program will begin at 12:30 PM. See, notice. Location: Room B-340, Rayburn Building, Capitol Hill.

TIME? Day two of a two day closed meeting of the Department of Defense's (DOD) Defense Science Board's (DSB) Task Force on Space Industrial Base [PDF]. See, notice in the Federal Register, January 24, 2007, Vol. 72, No. 15, at Page 3116. Location: Science Applications International Corporation (SAIC), 4001 N. Fairfax Drive, Arlington, VA.

8:30 AM - 4:30 PM. The Center for Democracy and Technology (CDT) will host an event titled "3rd Annual Internet Caucus State of the Net Conference". See, notice and agenda. The basic price is $350. The price for members of the Internet Caucus Advisory Committee is $300. The price for non-profit and academic personnel is $75. The price for "current government employees and credentialed members of the press" is free. Location: Hyatt Regency Hotel, 400 New Jersey Ave., NW.

10:00 AM. The House Financial Services Committee (HFSC) will hold its organizational meeting for the 110th Congress. See, notice. Press contact: Steve Adamske at 202-225-7141 or Heather Wong at 202-226-3314. Location: Room 2128, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) HLS/Emergency Communications Committee will host a brown bag lunch titled "Emergency Alert and Warning and the Warning, Alerts and Response Network (WARN) Act". The speakers will be Christopher McCabe (CTIA) and others. For more information, contact Jennifer Manner at jmanner at msvlp dot com or 703-390-2730. Location: Akin Gump, 1133 New Hampshire Avenue, NW.

5:00 - 7:00 PM. The Center for Democracy and Technology (CDT) will host an event titled "10th Annual Kickoff Reception & Technology". See, notice. Location: Room 902, Hart Building, Capitol Hill.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) seminar titled "Harnessing U.S. Trade Policy to Solve International Intellectual Property Rights Problems". The speakers will include Sturgis Sobin (Heller Ehrman), Victoria Espinel (Assistant US Trade Representative for Intellectual Property Rights), Brian Pomper (Chief International Trade Counsel, Senate Finance Committee), and Yang Guohua (Counselor for Intellectual Property, Embassy of China). The price to attend ranges from $90 to $135. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, 1250 H St NW B-1 Level.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) in its TV white space proceeding. This FNPRM 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.

EXTENDED FROM JANUARY 5. Extended deadline to submit reply 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. This proceeding is WT Docket No. 06-203. See, original FCC Public Notice [4 pages in PDF] (DA 06-2285) and Public Notice (DA 06-2498) extending deadlines.

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