2/7. The U.S. Court of Appeals (10thCir) issued its opinion [19 pages in PDF] in US Fax Law Center v. iHire, a civil case regarding standing to bring an action based upon an assignment of a claim for sending of unsolicited fax messages in violation of 47 U.S.C. § 227(b)(1)(C). The opinion also addresses federal jurisdiction.

Introduction. iHire, LLC, and numerous other defendants sent fax messages to persons in the state of Colorado. The plaintiffs, US Fax Law Center, Inc. and Consumer Crusade, Inc., obtained assignments of claims under the Telephone Consumer Protection Act (TCPA) from these fax recipients. The plaintiffs brought six actions in federal court in Colorado. The District Courts dismissed all for lack of jurisdiction and/or standing.

In this consolidated appeal, the Court of Appeals held that a private junk fax claim brought under the TCPA may be heard in federal court under diversity jurisdiction. However, it also held that state law controls on the issue of assignability of TCPA claims, and under Colorado law, these claims are not assignable. Hence, the plaintiffs lack standing to sue.

This opinion does not rule on federal question jurisdiction. However, six other circuits have ruled that there is no federal question jurisdiction.

The U.S. District Courts are federal courts with original jurisdiction. That is, they try cases. They are of limited jurisdiction. With a few exceptions, they can only hear cases that either arise under Constitution, laws and treaties of the US (federal question jurisdiction) or cases between citizens of different states (diversity jurisdiction).

Statute. The TCPA is codified at 47 U.S.C. § 227. It provides, at subsection (b)(1)(C), provides that "It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States ... to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine".

Subsection (b)(3) then includes vague and unusual language regarding a private right of action for damages. It provides that "A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State--
  (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
  (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or
  (C) both such actions."

That is, the statute states that there is a private right of action, but in state courts. State courts are courts of general jurisdiction, and may hear claims arising under federal law, although such actions may be subject to removal to a federal courts. The language of the statute might be interpreted to mean that while there is a federal rule, and a federally created private right of action, federal jurisdiction is eliminated.

Indeed, six federal circuits have held that this section means that there is no federal question jurisdiction over private junk fax TCPA suits. See, Murphey v. Lanier, 204 F.3d 911 (9th Cir. 2000); Foxhall Realty Law Offices, Inc. v. Telecomm. Premium Servs., 156 F.3d 432 (2d Cir. 1998); ErieNet, Inc. v. Velocity Net, Inc., 156 F.3d 513 (3d Cir. 1998); Nicholson v. Hooters of Augusta, Inc., 136 F.3d 1287 (11th Cir. 1998); Int’l Science & Tech. Inst., Inc. v. Inacom Commc’ns, Inc., 106 F.3d 1146 (4th Cir. 1997); and Chair King, Inc. v. Houston Cellular Corp., 131 F.3d 507 (5th Cir. 1997).

In contrast, two circuits have held that there is diversity jurisdiction. See, Gottlieb v. Carnival Corp., 436 F.3d 335 (2d Cir. 2006) and Brill v. Countrywide Home Loans, Inc., 427 F.3d 446 (7th Cir. 2005).

Subsection (b)(3) also provides that "If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph."

District Court. US Fax Law Center, Inc. and Consumer Crusade, Inc. filed six complaints in U.S. District Court (DColo) against numerous defendants alleging violation of the TCPA. The plaintiffs requested a $500 statutory award for each unsolicited fax, and a $1500 statutory award for each fax sent knowingly and willfully.

The District Courts dismissed all six complaints, for lack of personal jurisdiction over the defendants, and/or for the plaintiffs' lack of standing to bring the action.

One District Court held that the claims are unassignable because they are personal injury privacy claims and penal in nature. Hence, the plaintiffs lack standing.

This District Court also held that there is neither federal question jurisdiction, nor diversity jurisdiction. It held that state courts are the exclusive forum for the enforcement of private junk fax TCPA actions.

Court of Appeals. The Court of Appeals first held that one can bring a TCPA junk fax claim in federal court under diversity jurisdiction.

It reasoned that diversity jurisdiction is different in nature from federal question jurisdiction. It wrote that "absent an explicit indication that Congress intended to create an exception to diversity jurisdiction, one may not be created by implication". In contrast, federal question jurisdiction can be eliminated if a statute places jurisdiction elsewhere.

The Court of Appeals also noted that "Congress's apparent purpose in divesting federal courts of federal question jurisdiction over TCPA claims was that small claims are best resolved in state courts designed to handle them. ... But, this purpose has little force in a diversity suit, which by definition involves an amount in controversy exceeding $75,000."

The Court of Appeals next addressed the assignability of TCPA junk fax claims. The statute is silent upon the assignment of claims, and standing to sue.

It first held that the law of the state, not federal law, controls. Then it held on the basis opinions of the courts of the state of Colorado that "TCPA claims are unassignable because they are in the nature of personal-injury, privacy claims." Thus, the "underlying assignment of TCPA claims was invalid", and the plaintiffs therefore lack standing to sue.

Comment. The Court of Appeals also commented that "individuals harmed by unsolicited telephone calls or faxes are always free to bring suits themselves".

However, since the maximum recovery is $500 for one junk fax message, or $1,500 if the sender willfully or knowingly violated the statute, few recipients, or their prospective counsel, will find it financially feasible to pursue a private right of action. Without court procedures that allow plaintiffs to create the litigatory efficiencies enabled by the aggregation of claims, many junk fax senders will remain undeterred by the effects of private litigation.

The case is US Fax Law Center, Inc. v. iHire, LLC, and consolidated appeals, U.S. Court of Appeals for the 10th Circuit, App. Ct. Nos. 05-1325, 05-1441, 05-1447, 05-1465, 05-1521, and 05-1523, appeals from the U.S. District Court for District of Colorado, D.C. Nos. 04-B-344(CBS), 05-CV-322-LTB, 05-CV-220(PSF/CBS), 05-CV-237-LTB, 05-B-219, and 05-CV-00210 LTB.

1/31. The Federal Communications Commission's (FCC) Wireline Competition Bureau's (WTB) Industry Analysis and Technology Division released a report [26 pages in PDF] titled "High-Speed Services for Internet Access: Status as of June 30, 2006". See also, FCC release [PDF].

The report states that "High-speed lines connecting homes and businesses to the Internet increased by 26% during the first half of 2006, from 51.2 million to 64.6 million lines in service, compared to a 21% increase, from 42.4 million to 51.2 million lines, during the second half of 2005."

The FCC prepares these broadband reports twice per year based upon data provided in Form 477. The FCC uses a minimal definition fo broadband. It counts any connection that provides 200 kilobits per second (kbps) in at least one direction.

Kyle McSlarrow, head of the National Cable & Telecommunications Association (NCTA), stated in a release on February 2 that "Cable's Internet service today is available to 94 percent of all U.S. homes and features access speeds averaging 5-15 megabits per second. This success story has been driven by cable's investment of $110 billion in infrastructure and innovation, spurred by a deregulatory environment. We welcome the focus on broadband deployment by Senators and FCC Commissioners, and we encourage both Congress and the Commission to support policies that further encourage capital investment and network innovation, including reforms of current government programs to ensure they are targeting assistance to those areas of the country that currently are unserved with broadband access."

Steve Largent, head of the CTIA -- The Wireless Association, stated in a release that the report shows that "in the first half of 2006, nearly 8 million wireless high speed lines were added. That was more than wire line and cable combined. Classifying wireless broadband as an information service would mean the industry's hallmarks of competition, innovation, and choice would kick high speed access service into overdrive, and consumers will ultimately benefit the most from that. It could also provide public safety with additional means to perform their critical tasks, and would give investors the ability to make decisions based on the market, and not regulation. Wireless is driving America forward in the 21st century, and the Chairman's initiative is the right move at the right time."

1/31. The Federal Communications Commission's (FCC) Wireline Competition Bureau's (WTB) Industry Analysis and Technology Division released a report [24 pages in PDF] titled "Local Telephone Competition: Status as of June 30, 2006". See also, FCC release [PDF].

The FCC issues a report on local telephone competition twice per year. It is based upon information provided to the FCC by carriers on Form 477.

The report states that end-user customers obtained local telephone service by utilizing approximately 142.2 million ILEC switched access lines, 29.8 million CLEC switched access lines, and 217.4 million mobile telephony service subscriptions at the end of June 2006.

The total number of both ILEC and CLEC lines declined, while the number of mobile phone service subscriptions continued its rapid growth. Also, CLECs' percentage share of total LEC lines decreased to 17.3%, down from a high of 19.1% in June of 2005.

The report also states that at least one CLEC was serving customers in 82% of zip codes, which zip codes include about 98% of US households.

2/6. Meredith Baker (nee Attwell) was named Deputy Assistant Secretary for Communications and Information, and Deputy Administrator of the National Telecommunications and Information Administration (NTIA). She has been a Senior Advisor at the NTIA for three years. Before that, she worked at the President's Office of Science and Technology Policy (OSTP). She has also worked for Covad Communications, and for the CTIA. See, NTIA release. John Kneuer remains the head of the NTIA.

2/6. David Murray was named Senior Adviser to John Kneuer, the head of the National Telecommunications and Information Administration (NTIA). Before joining the Department of Commerce in 2005, he worked for the Satellite Broadcasting and Communications Association (SBCA). He has also worked for Winstar Communications, the Personal Communications Industry Association (PCIA), and Rep. Sam Johnson (R-TX). See, NTIA release.

2/6. Todd Sedmak was named Communications Director of the National Telecommunications and Information Administration (NTIA). He was media relations director for American University from 1992 through 2005. See, NTIA release.

2/8. The Senate Judiciary Committee (SJC) held a business meeting. The agenda included numerous bills, including S 236, the "Federal Agency Data Mining Reporting Act of 2007", sponsored by Sen. Russ Feingold (D-WI) and others. The SJC held over consideration of this bill. The next business meeting will likely be held on Thursday, February 15, 2007.

2/7. The House approved HR 742 by voice vote. This bill amends the Antitrust Modernization Commission Act of 2002, which is codified at 15 U.S.C. § 1 note, to extend the term of the Antitrust Modernization Commission (AMC). The 2002 Act requires the AMC to submit a report, within three years after its first meeting, "containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative or administrative action the Commission considers to be appropriate". The 2002 Act then provides that the AMC ceases to exist 30 days after submitting the report. HR 742 provides that the AMC ceases to exist 60 days after submitting the report.

2/7. The U.S. Court of Appeals (7thCir) issued is opinion in Custom Vehicles v. Forest River, a trademark case involving descriptive marks and secondary meaning. A small start up company with few sales adopted a descriptive mark, and filed with the U.S. Patent and Trademark Office (USPTO) an intent to use trademark, only to soon find a large company using a very similar mark for a different product -- a reverse confusion case. The small company filed a complaint in U.S. District Court (NDInd). The District Court granted summary judgment to the large company, and the Court of Appeals affirmed. Judge Richard Posner, who wrote the opinion of the Court of Appeals, stated that "a descriptive mark will facilitate introducing a new product to the public, and so it is a natural choice for a start-up, but if he adopts such a mark he may find himself drowned out". He added that "it is difficult, maybe impossible, for a small seller of an unpopular brand -- a seller who has negligible sales -- to acquire secondary meaning for its brand name", and hence, a legally protected trademark. The plaintiff should have used an arbitrary or fanciful mark. This case is Custom Vehicles, Inc. v. Forest River, Inc., U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 06-2009, an appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division, D.C. No. 3:04 CV 771, Judge Robert Miller presiding. Posner wrote the opinion of the Court of Appeals, in which Judges Easterbrook and Ripple joined.

2/7. Pascal Lamy, Director General of the World Trade Organization (WTO), gave a report to the WTO's Trade Negotiating Committee regarding the prospects for completion of Doha round negotiations. He stated that "we have resumed our negotiations fully across the board". Lamy (at right) said that "Since the beginning of the year, we have witnessed a number of developments, starting with an increasing level of political engagement and clear signals of renewed commitment to a successful conclusion of the Round. Messages stressing both the importance and the urgency of concluding the negotiations have been coming in from all sides, including the highest political levels." For example, in January in Davos, Switzerland, "there was clearly a renewed commitment on all sides to put the Doha Round back on track. All the Ministers present at that meeting supported a quick resumption of full scale activity in the different Negotiating Groups and declared that flexibilities were available within their mandates." He added that "we should not attempt to set ourselves any false deadlines".

2/2. Peter Mandelson, the EC's Commissioner for Trade stated in a speech in London on February 2, 2007, regarding globalization and Doha negotiations. He said that "we must complete the Doha Round of WTO talks". He also said that "China and the other large emerging economies need to be fully integrated into the global trading system, and their contribution to the system in the form of reciprocal openness needs to reflect their growing strength."

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

The Senate will meet at 10:00 AM. It will consider the nomination of Gen. George Casey to be Army Chief of Staff. It will then begin consideration of HJRes 20, the "Revised Continuing Appropriations Resolution, 2007".

9:00 AM - 3:00 PM. Day three of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). The agenda includes consideration of web site design mandates. See, notice in the Federal Register: January 12, 2007, Vol. 72, No. 8, at Pages 1472-1473. Location: Transportation Security Administration, 601 South 12th Street, Arlington, VA.

9:15 AM. The Senate Foreign Relations Committee (SFR) will meet to consider the nomination of John Negroponte to be Deputy Secretary of State. The SFR notice states "If a Quorum can be achieved during the 9:15 A.M. Budget Hearing". Location: Room 106, Dirksen Building.

10:00 AM. The House Commerce Committee (HCC) will hold a hearing on the FY 2008 budget for the Department of Energy (DOE). Secretary of Energy Samuel Bodman will testify. The DOE's Office of Science's (OS) Advanced Scientific Computing Research (ASCR) program conduct IT research. The President's budget proposal includes $340 Million for the ASCR. See, DOE release. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "The Present and Future of Public Safety Communications". The witnesses will be Charles Werner (International Association of Fire Chiefs), Harlin McEwen (International Association of Chiefs of Police), Morgan O'Brien (Cyren Call), Steve Largent (CTIA -- The Wireless Association), David Billstrom (National Interop), and Matt Desch (Iridium Satellite). See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a business meeting. The agenda includes numerous bills, including S 236, the "Federal Agency Data Mining Reporting Act of 2007". The agenda also includes consideration of judicial nominees, Judge Randy Smith (to be a Judge of the U.S. Court of Appeals for the the 9th Circuit), Nora Fischer (U.S. District Court for the Western District of Pennsylvania), Sara Elizabeth Lioi (U.S.D.C. Northern District of Ohio), Marcia Howard (U.S.D.C. for the Middle District of Florida), John Jarvey (U.S.D.C. for the Southern District of Iowa). See, notice. The SJC does not take up all of the items on its published agendas. Press contract, Tracy Schmaler at 202-224-2154. Location: Room 226, Dirksen Building.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host an event titled "Understanding the Committee on Foreign Investment in the US (CFIUS)". The speakers will include Gay Sills (Staff Chair of CFIUS) and Joel Winnik (Hogan & Hartson). Lunch will be provided courtesy of Hogan & Hartson. RSVP to Neil Dellar at neil dot dellar at fcc dot gov or 202-418-8214. Location: Hogan & Hartson, 555 13th St., NW.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on U.S. positions for the International Telecommunication Union's (ITU) Telecommunication Standardization Sector Study Group 3 (Tariff and accounting principles including related telecommunication economic and policy issues). See, notice in the Federal Register, January 11, 2007, Vol. 72, Number 7, at Page 1363. Location: undisclosed.

4:00 - 5:45 PM. The American Enterprise Institute (AEI) will host a panel discussion titled "Trade Policy as Foreign Policy: The Evolution of China’s Trade and Commercial Diplomacy". The speakers will be Claude Barfield (AEI), Margaret Pearson (University of Maryland), Phillip Saunders (National Defense University), and Christopher Griffin (AEI). See, notice. Location: AEI, 1150 17th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the Petition for Declaratory Ruling [8 pages in PDF] regarding number portability submitted by T-Mobile USA and Sprint Nextel Corporation on December 20, 2006. They seek a declaratory ruling that carriers obligated to provide number portability may not obstruct or delay the porting process by demanding information from requesting carriers beyond that required to validate the customer request and accomplish the port. See, FCC's Public Notice [3 pages in PDF] (DA 07-39). This proceeding is WC Docket No. 95-116.

The Democrat leader's weekly calendar [PDF] states that "On Friday, no votes are expected in the House."

8:30 AM. The Alliance for Public Technology (APT) will host an event titled "Policy Forum and Susan G. Hadden Pioneer Awards". See, notice. Location: National Press Club, 529 14th St. NW, 13th Floor.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Vonage v. FCC, a challenge to the Federal Communications Commission's (FCC) order [151 pages in PDF] adding interconnected VOIP service providers to the tax base of the FCC's universal service subsidy program. See also, story titled "FCC to Tax Interconnected VOIP Service Providers" in TLJ Daily E-Mail Alert No. 1,397, June 22, 2006, and story titled "FCC Releases Order and NPRM Regarding VOIP and Universal Service Taxes" in TLJ Daily E-Mail Alert No. 1,403, June 29, 2006. The FCC's order is FCC 06-94 in Docket Nos. 06-122, 04-36, 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170. This case is Vonage Holding Corporation and Computer and Communications Industry Association v. FCC and USA, U.S. Court of Appeals for the District of Columbia, App. Ct. Nos. 06-1276 and 06-1317. See, FCC's brief [74 pages in PDF]. Judges Tatel, Garland and Edwards will preside. Location: 333 Constitution Ave., NW.

12:00 NOON - 1:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch titled "Commercial Leased Access Debate". The speakers will be Wesley Heppler (Davis Wright Tremaine) and Harold Feld (Media Access Project). For more information, contact Daphney Sheppard at dsheppard at sidley dot com or 202-736-8019. Location: Sidley Austin, 6th floor, 1501 K St., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Legislative Practice Committee will host a brown bag lunch titled "Prospects for Universal Service Reform in the 110th Congress". Location: FCC, Room 5-B516 (5th Floor South Conference Room), 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Media Bureau (MB) in response to its 7th Further Notice of Proposed Rulemaking regarding revisions to the proposed new DTV table of allotments. See, notice in the Federal Register, January 19, 2007, Vol. 72, No. 12, at Pages 2485-2487. This 7thFNPRM is FCC 06-150 in MB Docket No. 87-268.

12:00 NOON - 1:30 PM. The Progress and Freedom Foundation (PFF) will host an event "3rd Annual Media Luncheon". The PFF states that the event is "on-the-record". RSVP by February 9 to Amy Smorodin at 202-969-2957 or asmorodin at pff dot org. Location: The City Club of Washington at Franklin Square, 1300 I St., NW.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its Section 301 report. Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242, requires the OUSTR to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, notice in the Federal Register, January 9, 2007, Vol. 72, No. 5, at Pages 1033-1034.

EXTENDED TO FEBRUARY 26. Deadline to submit reply 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].

Deadline to submit to the Federal Communications Commission (FCC) various Communications Assistance for Law Enforcement Act (CALEA) related information, including an attesting letter for pending CALEA section 107(c)(1) petitions currently on file with the FCC, and compliance monitoring reports (FCC Form 445). See, Second Report and Order and Memorandum Opinion and Order [PDF] adopted on May 3, 2006, and released on May 12, 2006. It is FCC 06-56 in ET Docket No. 04-295. See also, notice in the Federal Register, December 27, 2006, Vol. 71, No. 248, at Page 77625.

9:30 AM - 5:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, agenda in notice in the Federal Register, January 26, 2007, Vol. 72, No. 17, at Pages 3847-3848. Location: FCC, Room TW-C305, 445 12th St., SW.

10:00 AM - 12:00 NOON. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice on U.S. positions for the Organization of American States (OAS) Inter-American Telecommunications Commission's Permanent Consultative Committee I (Telecommunications). See, notice in the Federal Register, January 11, 2007, Vol. 72, Number 7, at Page 1363. Location: undisclosed.

Day one of a two day event hosted by the Federal Trade Commission (FTC) titled "Broadband Connectivity Competition Policy". The agenda includes discussions of "network neutrality", "Discrimination Against and Blockage of Content and Applications", and "Network Operators Charging Fees for Prioritized Delivery of Data". See, FTC notice. The event will be webcast by the FTC. Location: FTC satellite building conference center, 601 New Jersey Ave., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the National Exchange Carrier Association's (NECA) proposed modification of average schedule formulas for interstate settlements. See, FCC's Public Notice [PDF] (DA 07-306). This proceeding is WC Docket No. 06-223.

10:00 AM. The House Ways and Means Committee will hold a hearing titled "U.S. Trade Agenda". See, notice. Location: Room 1100, Longworth Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "The First Monetary Policy Report to the Congress for 2007". The witness will be Ben Bernanke, Chairman of the Board of Governors of the Federal Reserve System. See, notice. Location: Room 106, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "The Administration's FY2008 Research and Development Budget Proposal". The witness will be John Marburger (Director of the Office of Science and Technology Policy). Location: Room 2318, Rayburn Building.

TIME AND LOCATION CHANGE. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Judicial Security and Independence". Supreme Court Justice Anthony Kennedy will testify. Press contract, Tracy Schmaler at 202-224-2154. Location: Room 216, Hart Building.

Day two of a two day event hosted by the Federal Trade Commission (FTC) titled "Broadband Connectivity Competition Policy". The agenda includes discussions of "network neutrality", "Discrimination Against and Blockage of Content and Applications", and "Network Operators Charging Fees for Prioritized Delivery of Data". See, FTC notice. The event will be webcast by the FTC. Location: FTC satellite building conference center, 601 New Jersey Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on the Federal Communications Commission (FCC). The witnesses will be the five FCC Commissioners. Press contact: Jodi Seth (Dingell) at 202-225-5735 or ___ (Barton) at 202-225-3641. Location: Room 2123, Rayburn Building.

10:00 AM. The House Ways and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing titled "Trade with China". See, notice. Location: Room 1100, Longworth Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The National Institute of Standards and Technology's Role in Supporting Economic Competitiveness in the 21st Century". The witnesses will be William Jeffrey (Director of the National Institute of Standards and Technology), Stan Williams (Hewlett Packard), Peter Murray (Welch Allyn), and Michael Borrus (X/Seed Capital). Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The Administration’s 2007 Trade Agenda". U.S. Trade Representative (USTR) Susan Schwab will testify. See, notice. Location: Room 215, Dirksen Building.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (SCIIP) will hold a hearing titled "Oversight Hearing on The Patent System -- American Innovation at Risk: The Case for Patent Reform". See, notice. Location: Room 2141, Rayburn Building.

5:00 PM. Deadline to submit applications to the National Institute of Standards and Technology (NIST) to participate in the summer 2007 Gaithersburg Summer Undergraduate Research Fellowship Program, or the Boulder Summer Undergraduate Research Fellowship Program. Both programs are soliciting applications in the areas of "Electronics and Electrical Engineering" and "Information Technology". See, notice in the Federal Register, December 22, 2006, Vol. 71, No. 246, at Pages 76982-76987.