2/21. The Federal Trade Commission (FTC) announced that it will host a two day workshop titled "Proof Positive: New Directions in ID Authentication" on April 23-24, 2007. See, FTC release.

The FTC seeks panel participants. The deadline to submit requests to the FTC to participate as panelists is March 9, 2007. The FTC also seeks comments on the identification authentication process. The deadline to submit comments is March 23, 2007.

The FTC seeks comments "on ways to improve authentication processes in order to reduce the incidence of identity theft". The FTC also released a notice [PDF] to be published in the Federal Register that propounds numerous questions.

The workshop will be held at the FTC's Satellite Building Conference Center, 601 New Jersey Ave., NW.

2/21. The U.S. Court of Appeals (7thCir) issued its opinion [5 pages in PDF] in USA v. Wen, affirming a conviction obtained following the denial of a motion to suppress evidence derived from a wiretap authorized under the FISA, rather than Title III.

Ning Wen was convicted following a jury trial in the U.S. District Court (EDWisc) of the crime of violating 50 U.S.C. § 1705(b), which is part of the export control regime. The Court of Appeals opinion does not disclose the nature of the exports.

However, the Department of Justice (DOJ) wrote in a release following his sentencing by the District Court on January 18, 2006, that he exported "primarily semi-conductor chips". Also, records of a related administrative proceeding before the Bureau of Industry and Security (BIS) state that he exported "electronic components and semiconductor chips" to an entity in the People's Republic of China without a license. See, January 31, 2005, Order Temporarily Denying Export Privileges [6 pages in PDF].

There is a web page for a Ning Wen, of the Communications and Networks Lab, Dept. Electrical & Computer Engineering, Northwestern University.

Section 1705(b) provides, in full, that "Whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both."

The District Court admitted evidence derived from a wiretap. The District Court denied Wen's motion to suppress this evidence. The US had not obtained a Title III order from the District Court authorizing it to conduct this wiretap. However, the US had obtained a order under the Foreign Intelligence Surveillance Act (FISA), which is codified at 50 U.S.C. §§ 1801-1862.

The Court of Appeals affirmed the conviction. It held that the admission of this evidence violated neither the FISA statute, nor the 4th Amendment of the Constitution.

Prior to enactment of the USA PATRIOT Act in late 2001, FISA orders were available to the government only when the "primary purpose" was collecting information about foreign intelligence operations and terrorism. Title III warrants were required in criminal cases.

A Title III wiretap order, which enables law enforcement agencies to obtain the content of a phone call or e-mail, is issued by a judge upon a showing of probable cause. Title III is a reference to Title III of the Omnibus Crime Control and Safe Streets Act of 1968. This is codified at Chapter 119 of Title 18 of the U.S. Code, 18 U.S.C. §§ 2510-2522.

The 2001 Act changed the "primary purpose" requirement to "significant purpose". See, 50 U.S.C. § 1804 (a)(7)(B). This enables, as this case demonstrates, criminal prosecutors to obtain FISA orders for the use of evidence obtained thereby in domestic cases, provided that they can articulate a foreign intelligence or terrorism connection.

These FISA warrants are obtained from a different court, and with greater secrecy. For example, in the present case, the proceeding on the motion to suppress was not adversarial. The District Court considered the matter, in camera, upon affidavits submitted by the government. Again, on appeal, these same affidavits were reviewed by the court in camera. The courts' reviews were both ex parte and secret.

The Court of Appeals first held that the admission into evidence did not violate the relevant statute. It relied upon an opinion of the FISA Court of Review. See, opinion in In re: Sealed Case No. 02-001, 310 F.3d 717 (F.I.S. Ct. Rev. 2002).

The Court of Appeals wrote that "The Foreign Intelligence Surveillance Court of Review has concluded that the amended statute allows domestic use of intercepted evidence as long as a ``significant´´ international objective is in view at the intercept's inception."

Thus, the Court of Appeals reasoned that the issue is whether acquiring international intelligence was a "significant purpose" of the intercept. It wrote that it reviewed the affidavits in camera. It did not quote or describe the contents, but it concluded that "the statutory standards for an intercept order have been satisfied".

The Court of Appeals also held that the admission into evidence did not violate the 4th Amendment of the Constitution, which provides, in full, that "The right the of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The Court of Appeals wrote that "The evidence narrated in the affidavit establishes probable cause to believe that phone lines were being used to discuss or plan violations of 50 U.S.C. §1705(b)."

The Court of Appeals added that "Probable cause to believe that a foreign agent is communicating with his controllers outside our borders makes an interception reasonable. If, while conducting this surveillance, agents discover evidence of a domestic crime, they may use it to prosecute for that offense. That the agents may have known that they were likely to hear evidence of domestic crime does not make the interception less reasonable than if they were ignorant of this possibility."

This case is U.S.A. v. Ning Wen, U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 06-1385, an appeal from the U.S. District Court for the Eastern District of Wisconsin, D.C. No. 04-CR-241, Judge William Griesbach presiding. Judge Frank Easterbrook wrote the opinion of the Court of Appeals, in which Judges Bauer and Evans joined.

2/16. The Progress and Freedom Foundation (PFF) hosted a panel discussion titled "Allocating the Electromagnetic Spectrum: A Discussion of the M2Z Proposal".

The speakers were Thomas Lenard (PFF, moderator), Robert Atkinson (Information Technology and Innovation Foundation), Chris Guttman-McCabe (CTIA -- The Wireless Association), John Muleta (M2Z Networks), and Lawrence White (New York University). It was attended by representatives of companies, industry groups, Congressional offices, the Federal Communications Commission (FCC), and the National Telecommunications and Information Administration (NTIA).

The discussion focused on M2Z's proposed method of obtaining the requisite spectrum license from the FCC. Muleta, who was recently the Chief of the FCC Wireless Bureau, also discussed the nature of the service that would be offered by M2Z, and the benefits to the public that would flow there from.

The CTIA's Guttman-McCabe roundly criticized the notion of giving away spectrum without an auction. Many of the CTIA's members would like to bid in a competitive auction for use of spectrum.

White also criticized the M2Z proposal. He argued that spectrum is like government owned real estate. The government does not give away oil and gas leases, or timber leases, said White. It should not give away spectrum licenses either.

M2Z proposes to use the 2155-2175 MHz band to provide wireless internet access. M2Z wants the spectrum for free, and without FCC rules. In return, M2Z proposes to offer free service for consumers and law enforcement at 384 kbps downstream and 128 kbps upstream, and pay 5% of its revenues from subscribers to the federal government. See also, story titled "FCC Accepts for Filing M2Z's Application for Free Spectrum" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007.

White also argued that the M2Z proposal represents a return to the command and control model. It is both user and use specified.

Muleta said that M2Z promises to make its free 384 mbps service available to 95% of the US population within 10 years.

Atkinson questioned whether in 10 years 384 mbps service will be considered fast. He also expressed concern that M2Z would roll out first in high density, high income areas, and that by the time it provides broadband service to rural areas, other broadband providers will already be there.

Atkinson also noted that the M2Z service would violate some of the network neutrality principles. For example, it would block peer to peer.

M2Z would make money by selling access at faster rates. It would also make money from advertising.

TLJ spoke with Muleta (at right) after the event. He explained that the M2Z service would enable localized search results, and paid localized ads. He said that wireless access devices provide a network with GPS based location information. He pulled a wireless device out of his pocket and said that the network knows where it is.

In contrast, he said that wireless service providers do not now provide Google with location information. Hence, M2Z, but not Google, could provide information about nearby pizza shops to someone who does a search for pizza.

Muleta also said that the free level of service would be anonymous. Neither M2Z nor any reseller would have names, billing addresses, or credit card or other payment information for free users. As a free service, this would not be necessary. TLJ asked if criminals would migrate to this network. Muleta said that there are already anonymous wireless services. He added that M2Z would be subject to CALEA obligations.

Cyren Call. This event did not focus on the Cyren Call proposal. However, it bears some similarities to the M2Z proposal. It too seeks spectrum outside of the auction process.

On Friday, February 23 at 12:00 NOON, the New America Foundation (NAF) will host a panel discussion on Capitol Hill titled "Wireless Future: What is the Best Way to Bring Ubiquitous Broadband Access to All Americans?".

The speakers at that event will be Muleta (M2Z), Guttman-McCabe (CTIA), Morgan O'Brien (Cyren Call), Ben Scott (Free Press), John Scrivner (Wireless Internet Service Providers Association), and Michael Calabrese (NAF). Lunch will be served. See, NAF notice.

On April 27, 2006, Cyren Call Communications Corporation filed a petition for rulemaking with the FCC seeking reallocation of 30 MHz of commercial spectrum in the 747-762 MHz and 777-792 MHz bands, and assignment of that spectrum without auction for deployment of a nationwide broadband network that would provide first priority use to public safety users.

Section 337(a) of the Communications Act of 1934 requires that this spectrum be auctioned. Hence, on November 3, 2006, the FCC denied this petition, "without prejudice, leaving the docket open". See, Public Notice [2 pages in PDF] (DA 06-2278). This proceeding is RM No. 11348.

Cyren Call now seeks Congressional action that would enable it to acquire this spectrum outside of the auction process.

2/21. The Department of Homeland Security (DHS) announced that it has initiated a program titled "DHS Traveler Redress Inquiry Program", or "DHS TRIP". The DHS stated in a release that this web based process "provides a way for legitimate travelers to address situations where individuals believe they have been incorrectly delayed, denied boarding, identified for additional screening, or have otherwise experienced difficulties when seeking entry into the country. The program also facilitates redress information sharing among the department’s component agencies and creates internal performance measures to monitor progress."

2/21. The Executive Office of the President's (EOP) Office of Management and Budget (OMB) released a report [41 pages in PDF] titled "Commercial Spectrum Enhancement Act: Report to Congress on Agency Plans for Spectrum Relocation Funds".

2/21. The Federal Communications Commission (FCC) issued a release [PDF] in which it solicits applications from new and recent law school graduates to participate in its 2007 Attorney Honors Program. The deadline for applications is Wednesday, March 21, 2007.

2/21. The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) [20 pages in PDF] in its proceeding titled "In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992 Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act: Sunset of Exclusive Contract Prohibition". Section 628(c)(5) is codified at 47 U.S.C. § 548(c)(5). Subsection (c)(2)(D) provides that the FCC regulations shall, "with respect to distribution to persons in areas served by a cable operator, prohibit exclusive contracts for satellite cable programming or satellite broadcast programming between a cable operator and a satellite cable programming vendor in which a cable operator has an attributable interest or a satellite broadcast programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is in the public interest." Then, Subsection (c)(5) provides that "The prohibition required by paragraph (2)(D) shall cease to be effective 10 years after October 5, 1992, unless the Commission finds, in a proceeding conducted during the last year of such 10-year period, that such prohibition continues to be necessary to preserve and protect competition and diversity in the distribution of video programming." Initial comments will be due 30 days after publication of a notice in the Federal Register, which publication has not yet occurred. Reply comments will be due 45 days after such publication. This item is FCC 07-7 in MB Docket No. 07-29.

2/21. Federal Reserve Board (FRB) Vice Chairman Donald Kohn (at right) gave a speech in Washington DC titled "Financial Stability: Preventing and Managing Crises". He stated that "New computing and telecommunications technologies, along with the removal of legal and regulatory barriers to entry have heightened competition among a wider variety of institutions and made the allocation of funds from savers to investors more efficient. Technology also has helped financial market participants better understand the risks embedded in assets and develop instruments and systems for managing those risks, both individually and on a portfolio basis. Together, these developments have allowed suppliers and demanders of funds and the intermediaries that stand between them to diversify their risk exposures, reduce their vulnerability to sector- or region-specific shocks, and become far less dependent on specific service providers."

2/20. The U.S. Court of Appeals (FedCir) issued its opinion [14 pages in PDF] in MyMail v. AOL, affirming the District Court's judgment of non-infringement. MyMail is the assignee of U.S. Patent No. 6,571,290, titled "Method and apparatus for providing fungible intercourse over a network". It filed a complaint in U.S. District Court (EDTex) against AOL, Earthlink, Prodigy and other internet service providers alleging patent infringement. The District Court granted summary judgment of non-infringement. The Court of Appeals affirmed the judgment of the District Court. This case is MyMail, Ltd. v. America Online, Inc., et al., U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 06-1147 and 06-1172, appeals from the U.S. District Court for the Eastern District of Texas, D.C. No. 6:04-cv-00189-LED, Judge Leonard Davis presiding.

The House will not meet on the week of February 19-23. See, House 2007 calendar.

The Senate will not meet on the week of February 19-23. See, Senate 2007 calendar.

8:30 AM - 2:00 PM. The University of Maryland University College will host an event titled "Maryland Cyber Security Forum". Greg Garcia (Assistant Secretary for Cyber Security and Telecommunications at the Department of Homeland Security) will speak at 8:30 AM. Keith Alexander (Lieutenant General, and Director of the National Security Agency) will speak at 10:15 AM. Location: 3501 University Boulevard East, Adelphi, MD.

9:30 AM - 5:00 PM. The Antitrust Modernization Commission (AMC) will meet. The AMC states that "Advanced registration is required." See, notice in the Federal Register, February 2, 2007, Vol. 72, No. 22, at Page 5000. Location: Morgan Lewis, main conference room, 1111 Pennsylvania Ave., NW.

12:00 NOON. The Federalist Society will host a lunch titled "Class Action Fairness Act". For more information, contact Juli Nix at 202-822-8138 or jnix at fed-soc dot org. Location: Holeman Lounge, National Press Club, 529 14th St. NW, 13th Floor.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a lunch titled "Wireless Content Issues Explored". The speakers will include Mark Desautels (CTIA). The deadline for registrations and cancellations is 12:00 NOON on February 20. The price to attend is $15. See, registration form [PDF]. Location: Latham & Watkins, 555 11th 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.

2:00 - 4:00 PM. The American Enterprise Institute (AEI) will hold a panel discussion titled "China's Economic Rise: Opportunity or Threat". The speakers will be Timothy Adams (Under Secretary for International Affairs, Department of the Treasury), Morris Goldstein (Institute for International Economics), Yusuke Horiguchi (Institute for International Finance), Anne Krueger, Stephen Roach (Morgan Stanley), and Desmond Lachman (AEI). See, notice. Location: AEI, 1150 17th St., NW.

2:00 - 6:00 PM. The Department of Commerce's (DOC) Measuring Innovation in the 21st Century Economy Advisory Committee will hold its first meeting. See, notice in the Federal Register, January 31, 2007, Vol. 72, No. 20, at Page 4482. Location: Vista Ballroom, Wyndham Washington Hotel, 1400 M St., NW.

Day four of a four day convention titled "Satellite 2007". See, web site. Location: Washington Convention Center, 801 Mount Vernon Place, NW.

Deadline to submit reply comments in response to the Federal Communications Commission's (FCC) Public Notice [4 pages in PDF] regarding how the FCC should interpret the phrase "remote communities effectively unserved by commercial mobile service", in Section 605(a) of the Warning, Alert, and Response Network (WARN) Act. The WARN Act was enacted in late 2006 a part of the port security bill. It establishes a process for commercial mobile service providers to voluntarily elect to transmit emergency alerts. Section 605(a) establishes a grant program for the installation of technologies in remote communities. This item is FCC 07-4 in PS Docket No. 07-8. See also stories titled "Bush Signs Port Security Bill" in TLJ Daily E-Mail Alert No. 1,469, October 16, 2006, and "House and Senate Approve Port Security Bill With Tech Provisions" in TLJ Daily E-Mail Alert No. 1,461, October 4, 2006.

8:30 AM - 5:30 PM. The U.S.- China Economic and Security Review Commission will meet. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6668-6669. Location: Room 562 Dirksen Building, Capitol Hill.

10:00 - 11:30 AM. The Heritage Foundation and the Center for Strategic and International Studies (CSIS) will host a panel discussion titled "Listening For Terrorists: Surveillance Program - Lessons Learned and the Way Ahead". The speakers will be Mary DeRosa (CSIS), Todd Gaziano (Heritage), Suzanne Spaulding (Bingham Consulting Group), John Yoo (UC Berkeley School of Law, and author of book [Amazon] titled "War by Other Means: An Insider's Account of the War on Terror"), and James Carafano (Heritage). See, notice. Location: Heritage, Massachusetts Ave., NE.

12:00 NOON - 2:00 PM. The DC Bar Association, Federal Communications Bar Association's (FCBA) Communications Law, Copyright & Digital Rights Management Practice Committee, and the D.C. Chapter of the Copyright Society of the United States will host a brown bag lunch titled "Digital Rights Management and Copy Protection Issues". The speakers will be Adam Goldberg (Pioneer North America), Rob Kasunic (U.S. Copyright Office), Ryan Triplette (Senate Judiciary Committee), Troy Dow (Walt Disney, Co.), Natalie Roisman (moderator, Akin Gump). RSVP to Ben Golant at bgol at loc dot gov or 202-707-9127. See, DC Bar notice. Location: DC Bar Conference Center, B-1, 1250 H St., NW.

12:00 NOON - 2:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Wireless Future: What is the Best Way to Bring Ubiquitous Broadband Access to All Americans?". The speakers will be John Muleta (M2Z Networks), Morgan O'Brien (Cyren Call), Chris Guttman-McCabe (CTIA - The Wireless Association), Ben Scott (Free Press), John Scrivner (Wireless Internet Service Providers Association), and Michael Calabrese (NAF). Lunch will be served. See, notice. Location: Room 385, Russell Building, Capitol Hill.

Deadline to submit reply 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.

Deadline to submit reply 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.

5:00 PM. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the adequacy and effectiveness of intellectual property rights (IPR) protection and enforcement at the provincial level in the People's Republic of China. The OUSTR is particularly interested in details about Beijing City, Fujian Province, Guangdong Province, Jiangsu Province, Shanghai City, and Zhejiang Province. See, notice in the Federal Register, January 24, 2007, Vol. 72, No. 15, at Pages 3170-3171.

Deadline to submit written comments to the Federal Trade Commission (FTC) regarding its January 25, 2007, workshop on online marketing of negative options. See, FTC release and notice [PDF] to be published in the Federal Register.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Ninth Notice of Proposed Rulemaking in its proceeding titled "Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band". The FCC adopted this item at its December 20, 2006, meeting. It is FCC 06-181 in PS Docket No. 06-229 and WT Docket No. 96-86. See, FCC's Public Notice [3 pages in PDF] (DA 07-41) and notice in the Federal Register, January 10, 2007, Vol. 72, No. 6, at Pages 1201-1204.

Extended 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, FCC's notice of extention [2 pages in PDF] (DA 07-38) and notice in the Federal Register, January 26, 2007, Vol. 72, No. 17, at Page 3777.

Deadline to submit reply 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.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) regarding the request submitted by Hand Held Products for a determination that the hearing aid compatibility obligations in Part 20 do not apply to its mobile computing line of devices. See, FCC's Public Notice [PDF] (DA 07-103). This proceeding is WT Docket No. 01-309.

9:00 AM - 4:45 PM. Day one of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6547-6548. Location: American Geophysical Union, 2000 Florida Ave., NW.

Day two of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6547-6548. Location: American Geophysical Union, 2000 Florida Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Comprehensive Immigration Reform". The witnesses will be Attorney General Alberto Gonzales and Secretary of Homeland Security Michael Chertoff. Location: Room 216, Hart Building.

11:30 AM. The Federal Communications Bar Association's (FCBA) HLS/Emergency Communications Committee will host a brown bag lunch. The speaker will be David Boyd (Director, Command, Control and Interoperability in the Department of Homeland Security). For more information, contact Robert Gurss at gurssr at apcomail dot org or 202-833-3800  Location: Akin Gump, 1133 New Hampshire Ave., NW.

Extended 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, original notice in the Federal Register, November 29, 2006, Vol. 71, No. 229, at Pages 69146-69147, which set the original comment deadline of January 29, 2007, and notice of extension in the Federal Register, January 29, 2007, Vol. 72, No. 18, at Pages 4045-4046.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding its Draft Special Publication 800-104 [9 pages in PDF] titled "A Scheme for PIV Visual Card Topography". It contains recommendations for federal agencies in the color coding of Personal Identity Verification (PIV) Cards.

10:00 AM. The Senate Judiciary Committee (SJC) may hold a business meeting. The agenda includes consideration of S 236, the "Federal Agency Data Mining Reporting Act of 2007", and S 316, the "Preserve Access to Affordable Generics Act", a bill to prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market. The agenda also includes consideration of several judicial nominees: Thomas Hardiman (to be a Judge of the U.S. Court of Appeals for the 3rd Circuit), John Preston Bailey (U.S.D.C., Northern District of West Virginia), Otis Wright (U.S.D.C., Central District of California), and George Wu (U.S.D.C., Central District of California).The SJC rarely follows its published agendas. Press contract, Tracy Schmaler (Leahy) at 202-224-2154 or Courtney Boone (Specter) at Courtney_Boone at judiciary-rep dot senate dot gov or 202-224-2984. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Universal Service". See, notice. Location: Room 253, Russell Building.

10:00 AM - 1:00 PM. The Progress and Freedom Foundation (PFF) will host an event titled "Universal Service Reform: Are Reverse Auctions the Answer?". The speakers will be Shyamal Ghosh (former Director of the Indian Department of Telecommunications), Paul Milgrom (Stanford University), Vernon Smith (George Mason University), and Dennis Weller (Chief Economist of Verizon). See, notice. Location: Oriental Ballroom B, Mandarin Oriental Hotel, 1330 Maryland Ave., SW.

11:30 AM - 1;00 PM. The U.S. Chamber of Commerce (USCC) will host a lunch titled "The Sarbanes Oxley Act with Michael Oxley". See, notice. For more information, contact Patrick O'Neill at poneill at uschamber dot com or 202-463-3104. Location: USCC, 1615 H St., NW.

Deadline for local exchange carriers, providers of wired or wireless broadband connections, and non-reseller CMRS providers to submit Form 477 [MS Excel] to the Federal Communications Commission (FCC). See, FCC's Public Notice [PDF] (DA 07-117) and FCC's Form 477 instructions [17 pages in PDF].

Deadline to submit to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) the sixth annual reports from the 700 MHz Guard Band Managers and the fifth annual report from Access 220, LLC, a 220 MHz Band Manager. See, FCC's Public Notice [PDF] (DA 07-107).

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