3/22. The Federal Communications Commission (FCC) adopted a Declaratory Ruling (DR) [34 pages in PDF] that declares that wireless broadband internet access service is an information service.

Summary of DR. The FCC adopted this DR at its March 22, 2007, meeting, and released the text on March 23. It states that "we find that wireless broadband Internet access service is an information service under the Communications Act of 1934, as amended (Communications Act or Act)." (Parentheses in original.)

A footnote adds that "We note that this order addresses terrestrial wireless broadband and does not address satellite broadband services."

The DR continues that "We also find that the transmission component of wireless broadband Internet access service is ``telecommunications´´ and that the offering of the telecommunications transmission component as part of a functionally integrated Internet access service offering is not ``telecommunications service´´ under section 3 of the Act."

The DR further states that "we find that neither the Communications Act nor relevant precedent mandates that broadband transmission be a ``telecommunications service´´ when provided to an Internet Service Provider (ISP) as a wholesale input for the ISP's own wireless broadband Internet access service offering, but the provider may choose to offer it as such. Finally, we find that mobile wireless broadband Internet access service is not a ``commercial mobile service´´ under section 332 of the Act." (Footnote omitted.)

The FCC also issued a short release [PDF], and all five Commissioners wrote separate statements.

Prior FCC Classifications. On March 14, 2002, the FCC adopted a Declaratory Ruling and Notice of Proposed Rulemaking [75 pages in PDF] regarding cable modem service. The DR component of this cable item states that "we conclude that cable modem service, as it is currently offered, is properly classified as an interstate information service, not as a cable service, and that there is no separate offering of telecommunications service." On June 27, 2005. The Supreme Court issued its opinion [59 pages in PDF] in NCTA v. Brand X, upholding the FCC's determination that cable broadband internet access service is an information service. See, story titled "Supreme Court Rules in Brand X Case" in TLJ Daily E-Mail Alert No. 1,163, June 28, 2005.

On August 5, 2005, the FCC adopted a Report and Order and Notice of Proposed Rulemaking that classifies wireline broadband internet access services as information services. See, story titled "FCC Classifies DSL as Information Service" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005. The FCC released this item on September 23, 2005. This wireline item is FCC 05-150 in CC Docket Nos. 02-33, 01-337, 95-20, 98-10, and WC Docket Nos. 04-242 and 05-271.

On November 3, 2006, the FCC adopted a Memorandum Opinion and Order (MOO) that declares that broadband over power line (BPL) enabled internet access service is an information service. See, story titled "FCC Declares that BPL is an Information Service" in TLJ Daily E-Mail Alert No. 1,482, November 3, 2006. This BPL item is FCC 06-165 in WC Docket No. 06-10.

Regulation of Broadband Services. The DR asserts that it provides "regulatory certainty". The FCC's release adds that this "ensures that wireless broadband Internet access services are similarly free from unnecessary regulatory burdens". FCC Chairman Martin wrote in his statement [PDF] that this item "eliminates unnecessary regulatory barriers" and "clarifies any regulatory uncertainty". Commissioner Deborah Tate wrote in her statement [PDF] that "we continue down the path of deregulation".

These statements are perhaps part of what Justice Antonin Scalia referred to in his dissent in NCTA v. Brand X as the FCC's "self-congratulatory paean to its deregulatory largesse".

While the FCC's present DR, like its prior declarations regarding wireline broadband, cable modem, and BPL broadband, relieves the broadband services providers of certain Title II common carrier economic requirements, it maintains other Title II requirements. Moreover, the FCC is proceeding to reapply, on an a la carte basis, some common carrier like regulatory burdens, and certain new burdens not applicable to common carriers, under its assertion of ancillary jurisdiction.

Title II obligations are statutory provisions. Ancillary jurisdiction is merely a concept. There is no enumeration in Title I of the FCC's ancillary powers or service providers' ancillary obligations. The FCC is free to make things up as it goes along.

For example, common carriers have disability access obligations, pursuant to 47 U.S.C. § 255. Under the just adopted DR, wireless broadband internet access service is now classified as an information service, so Section 255 now longer applies. But, the FCC is nevertheless likely to impose disability access requirements on these service providers, pursuant to its assertion of ancillary jurisdiction. However, in reimposing burdens, the FCC will no longer be constrained by the language of Section 255(c).

The FCC hinted in its DR, at ¶ 29, that it "has used its ancillary jurisdiction under Title I to extend accessibility obligations to certain information services in the past, including the wireline broadband Internet access service." It added, "We reiterate our commitment to use our Title I and Title III authority, as necessary, to give full effect to the accessibility policy embodied in section 255."

The DR also provides that certain Title II common carrier statutory provisions still apply in certain situations to providers of a wireless broadband internet access service. These include provisions regarding interconnection requirements, pole attachments, and local zoning authority.

The DR provides, with respect to 47 U.S.C. § 251, that "a carrier providing both CMRS and wireless broadband Internet access service has the same rights and obligations regarding interconnection under section 251 of the Act or section 20.11 of the Commission’s rules that it would have if it were only providing CMRS."

The DR adds that pole attachment requirements of 47 U.S.C. § 224 still apply. The DR states that "where a wireless service provider uses the same pole attachments to provide both telecommunications and wireless broadband Internet access services, section 224 would apply".

The DR also adds that local powers under 47 U.S.C. § 332 still apply. The DR states that "We clarify that section 332(c)(7)(B) would continue to apply to wireless broadband Internet access service that is classified as an ``information service´´ where a wireless service provider uses the same infrastructure to provide its ``personal wireless services´´ and wireless broadband Internet access service."

The FCC may similarly apply to wireless broadband internet access service various common carrier consumer protection provisions. Although, the FCC has not yet done so.

The FCC DR is also silent on the subject of privacy and limiting the dissemination of customer records.

The FCC is relieving broadband service providers of certain common carrier economic regulation. But otherwise, it is constructing, absent statutory guidance, a new regulatory regime for broadband services, that contains some elements of the old common carrier regulatory regime, and some new elements.

The Congress has attempted, but failed, to enact legislation to update the laws affecting new technologies. The FCC is now filling the statutory void by acting in a quasi legislative capacity itself.

FCC Commissioner Michael Copps wrote in his statement [PDF] that "consigning broadband services to an indeterminate Title I regulatory limbo is no substitute for a genuine national broadband strategy. It doesn't give either businesses or consumers the kind of certainty that they are entitled to."

Commissioner Jonathan Adelstein wrote in his statement [PDF] that this DR is based upon "strained legal analysis". He added that "My underlying concern with the reclassification approach has always been that it takes the Commission outside the ambit of those core legal protections and grounding afforded by Congress."

Right to Attach Network Devices. Commissioner Copps also wrote that since wireless broadband internet access service is now an information service, "the right to attach network devices ... now applies to wireless broadband services", pursuant to the FCC's August 2005 Policy Statement [3 pages in PDF].

He added that there is now a "clear and pressing responsibility to open a rulemaking that will clarify how these Title I principles should be applied in the wireless context".

On February 15, 2007, Timothy Wu, a law professor at Columbia University, and leading advocate of network neutrality mandates, wrote a paper titled "Wireless Net Neutrality: Cellular Carterfone and Consumer Choice in Mobile Broadband". See, summary and full text [30 pages in PDF]. See also, story titled "Tim Wu Paper Advocates Network Neutrality Mandates for Wireless Broadband" in TLJ Daily E-Mail Alert No. 1,546, March 5, 2007.

Also, on February 20, 2007, Skype Communications filed a petition [36 pages in PDF] with the FCC requesting that the FCC "declare that wireless carrier services are subject to the Carterfone principle that consumers have the right to attach any non-harmful device of their choosing to the network and that this, by necessity, includes users' rights to run Internet applications of their choosing." See also, story titled "Skype Files Petition Requesting that FCC Declare that Carterfone Principles Apply to Wireless Carriers" in TLJ Daily E-Mail Alert No. 1,546, March 5, 2007.

More Comments. Commissioner Robert McDowell wrote in his statement [PDF] that this DR is timely because of the forthcoming 700 MHz auction and future deployment in the TV white spaces.

Rep. Joe Barton (R-TX) praised this item in a release. He wrote that "Promoting market forces, rather than regulation, is the best catalyst for competition, innovation and investment in the rapidly evolving broadband market."

He continued that "The auction of wireless broadband spectrum resulting from our digital television legislation last Congress will also present a watershed opportunity for wider deployment of next generation Internet services. Some have claimed that there is too little competition between and among cable and wireline broadband services, that penetration is not increasing fast enough, and that wireless and broadband over power line services are not yet advanced or ubiquitous enough to offer a significant alternative. They are underestimating the vibrancy of the market on all fronts. But even if they were right, the worst thing we could do is impose regulatory burdens."

Steve Largent, head of the CTIA, praised the FCC in a release. He stated that "It is critical that the FCC ensure that regulations are technology neutral and this decision is a welcome step in that direction. Today wireless is a legitimate competitor in the broadband marketplace offering capabilities and speeds comparable to cable and DSL service and today’s order recognizes this important fact."

This Declaratory Ruling is FCC 07-30 in WT Docket No. 07-53.

3/22. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Inquiry (NOI) regarding broadband market practices. The FCC issued a short release [PDF], and all five Commissioners wrote separate statements.

The FCC release states that the FCC "seeks comment on whether the Policy Statement should incorporate a new principle of nondiscrimination and, if so, how would ``nondiscrimination´´ be defined, and how would such a principle read."

The FCC adopted its policy statement [3 pages in PDF] on August 5, 2005. See, story titled "FCC Adopts a Policy Statement Regarding Network Neutrality" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005. The FCC released the text of the Policy Statement on September 23, 2005. See, story titled "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005.

The FCC's release also propounds four questions. First, "How broadband providers are managing Internet traffic on their networks today". Second, "Whether providers charge different prices for different speeds or capacities of service". Third, "Whether our policies should distinguish between content providers that charge end users for access to content and those that do not". Fourth, "How consumers are affected by these practices".

FCC Chairman Kevin Martin wrote in his statement [PDF] that "Although we are not aware of any current blocking situations, the Commission remains vigilant in protecting consumers’ access to content on the Internet. At the same time, I believe that it is useful for the Commission, as the expert communications agency, to collect a record about the current practices in the broadband marketplace."

Commissioner Robert McDowell wrote in his statement [PDF] that "For those who fear or allege market failure, this NOI gives them an opportunity to present detailed evidence, of which we have none, thus far. For those who argue that the market is working well and no further regulation is needed, now is the time to make their case." He said that this NOI will give the FCC "a factual record upon which to make a reasoned determination. He also indicated what authority the FCC would have to write net neutrality regulations, if it choose to do so: "the Commission's ancillary jurisdiction to regulate interstate and foreign communications".

Similarly, Commissioner Deborah Tate wrote in her statement [PDF] that "While it remains important for us to understand the industry structure and the relationships between each of the different elements in the market, we must ensure that our policies promote, not deter, investment, innovation, and new entry in networks, products, and services ..."

She added that "I am skeptical of the present need to impose new rules, or even principles. In many ways, I think this issue has focused too much on the need to define a cure before there has been a disease, or even a high fever.

In contrast, Commissioner Michael Copps wrote in his statement [PDF] that "At issue is whether a few broadband behemoths will be ceded gatekeeper control over the public’s access to the full bounty of the Internet".

It is time for us to go beyond the original four principles and commit industry and the FCC unequivocally to a specific principle of enforceable non-discrimination, ..."

We proceed too leisurely here. Rather than strike out and unflinchingly proclaim this agency’s commitment to an open and non-discriminatory Internet, we satisfy ourselves with one tiny, timid step. Let’s be frank. Putting out a Notice of Inquiry is not the way to sail boldly forth. History shows that Notices of Inquiry like this have a way of disappearing into the regulatory dustbin, putting off decisions that need to be made now."

However, Copps did not dissent.

Also, Commissioner Jonathan Adelstein wrote in his statement that "I would have preferred a more pro-active approach, including the adoption of a Notice of Proposed Rulemaking". He added that "NOIs are often perceived as the Commission's way delaying and downgrading an issue."

He also said that the NOI "is short on analysis and could do far more to draw out discussion about the plans of our increasingly large and concentrated network providers and the implications for consumers".

Reaction. Rep. Joe Barton (R-TX) stated in a release that this NOI "will further demonstrate that deregulatory treatment is the best way to spur broadband deployment. There are no indications of a problem, and if there were the FCC could take appropriate remedial actions on a case-by-case basis. Prophylactic rules are not only unnecessary, they are harmful. That is why my colleagues and I defeated efforts last year to regulate the Internet in a bipartisan vote of 269 to 152."

Gigi Sohn, head of the Public Knowledge, stated in a release that "This bureaucratic process will delay by months if not years the crucial action needed to guarantee that consumers will always have access to an open and non-discriminatory Internet -- assuming that it issues a proposed rule after evaluating the information it receives from the inquiry."

The Progress and Freedom Foundation's (PFF) Scott Wallsten stated in a release that "I am hopeful that a careful review of the network neutrality issue -- including the unimpressive history of price regulations in telecom -- will help convince the FCC that conduct should remain under the watchful eye of antitrust authorities. Subjecting the Internet to precautionary regulations could prove quite costly to the economy and could ultimately be harmful to consumers."

William Kovacs of the U.S. Chamber of Commerce stated in a release that "The information gathered in this proceeding will show that 'net neutrality' regulations are unnecessary ... Federal telecommunications policy should be driven by facts, not by fears, and must recognize the competitive nature of the industry today."

The National Association of Manufacturers' (NAM) Dorothy Coleman wrote in a release that "Until now, much of the public debate on this issue has been about fictional fears and scare tactics ... We appreciate the willingness of the FCC to look at these important issues in order to separate the fact from fiction."

"Consumers reap enormous benefits from the consistent federal policy of not imposing new regulations on the Internet, which has allowed it to grow exponentially", said Coleman. "Restructuring these policies could be like placing a traffic light in the middle of a highway".

This NOI is FCC 07-31 in Docket No. 07-52.

3/23. The Federal Communications Commission (FCC) adopted, but did not release, a First Annual Report to Congress on the state of competition in the communications satellite services industry. The FCC issued a short release [PDF] that describes this item, and three Commissioners wrote statements.

The FCC's release states that this report examines "six wholesale and two retail satellite services markets for the period of 2000 through 2006", and that for these markets, the FCC finds "effective competition".

FCC Commissioner Michael Copps wrote in his statement [PDF] that this report "suffers from insufficient data", as well as reliance on other FCC reports, and the work of the Office of the U.S. Trade Representative.

FCC Commissioner Jonathan Adelstein wrote in his statement [PDF], as did Copps, that this report relies on data collected prior to both the Intelsat/Panamsat and SES/New Skies mergers, so that the effect of these mergers will be covered in the FCC's second report.

FCC Commissioner Deborah Tate wrote in her statement [PDF] that "I hope the industry continues to play a role in the deployment of broadband to more consumers". The FCC's Declaratory Ruling (DR) [34 pages in PDF] that wireless broadband internet access service is an information service, also adopted on February 22, 2007, does not address satellite broadband services.

This report is FCC 07-34 in IB Docket No. 06-67.

3/22. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM) regarding exclusive contracts for the provision of video services to multiple dwelling units (MDUs) and other real estate developments.

The FCC issued a short release [PDF] describing this NPRM that states that the FCC "tentatively concludes" that it has "authority to regulate exclusive contracts for the provision of video services to MDUs or other real estate developments where it finds that such contracts may impede competition and impair deployment of those services."

The five FCC Commissioners each wrote a statement in support of this item. See, statement [PDF] by Chairman Kevin Martin, statement [PDF] by Commissioner Michael Copps, statement [PDF] by Commissioner Jonathan Adelstein, statement [PDF] by Commissioner Deborah Tate, and statement [PDF] by Commissioner Robert McDowell.

While the FCC's release states that the FCC tentatively concludes that it has authority, the release does not state that the FCC seeks comment on that authority.

The FCC may wish for lower prices for video services in MDUs, and the FCC and video providers may wish to limit the power of owners of MDUs to negotiate contracts regarding, or restrict access to, their property. But, privately owned MDUs are real property. Owners of real property pursue rents. Owners of real property have property rights.

Under the takings clause of the Fifth Amendment, the FCC cannot take private property for public use without just compensation.

The June 30, 1982, opinion of the Supreme Court in Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, for example, may present an obstacle to FCC enforcement of any rules that purport to regulate MDU owners. See also, story titled "House Subcommittee Considers FCC Authority to Take Property", Tech Law Journal, March 22, 2000.

Commissioner McDowell questioned "whether the Commission has the authority to craft such regulations."

USTelecom General Counsel Jonathan Banks stated in a release that "As new providers are striving to bring video choice to consumers across the country, millions of Americans who live in apartments and condominiums are held hostage to these long-term exclusive cable contracts that force them to go with one video provider or none at all. USTelecom and its member companies believe that these types of cable contracts stifle competition and most importantly -- harm consumers. We applaud the Commission for its action today and look forward to working with the FCC to develop a speedy solution that will provide consumers the benefits of a truly competitive market for video programming."

This item is FCC 07-33 in Docket 07-51.

The House will meet at 12:30 PM for morning hour, and at 2:00  PM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's weekly calendar [PDF].

The Senate will meet at 2:30 PM for morning business. It will then begin consideration of HR 1591, a supplemental appropriations bill.

10:00 AM. The Supreme Court of the United States (SCUS) will hear oral argument in Leegin Creative Leather Products v. PSKS, an antitrust case. See, SCUS calendar [PDF] and docket. This case is Sup. Ct. No. 06-480.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "ITIF Forum on the Peer to Patent Project and Patent Reform". The speakers will be Beth Noveck (New York Law School), Mare Williams (IBM), and Kaz Kazenske (Microsoft). For more information, contact mail at innovationpolicy dot org. Location: Room __, Dirksen Building.

2:30 PM. The Senate Homeland Security and Governmental Affairs Committee's Subcommittee on Oversight will hold a hearing titled "Understanding the Realities of REAL ID: A Review of Efforts to Secure Drivers' Licenses and Identification Cards". The witnesses will be Richard Barth (Department of Homeland Security), Leticia Van de Putte (National Conference of State Legislatures), Mufi Hannemann (Mayor of Honolulu), Dennis Kamimura (Honolulu), David Quam (National Governors Association), Timothy Sparapani (ACLU), and Jim Harper (Cato Institute). See, notice. Location: Room 342, Dirksen Building.

Day one of a two day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". See, notice and agenda. Press contact: Megan Pollock at 703-907-7668 or mpollock at CE dot .org. Location: Ronald Reagan Building.

The House will meet at 10:30 AM for morning hour, and 12:00 NOON for legislative business. The House will consider HR 1401, the "Rail and Public Transportation Security Act of 2007", subject to a rule, and several non-technology related items under suspension of the rules. HR 1401 pertains to transportation, including transportation related communications, computers, and programmable electronic devices. See, Rep. Hoyer's weekly calendar [PDF].

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Federal Bureau of Investigation". The witness will be FBI Director Robert Mueller. 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. See, notice. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Commerce Committee will hold a hearing titled "Exclusive Sports Programming: Examining Competition and Consumer Choice". The witnesses will be Rob Jacobson (iN Demand Networks), Stephen Ross (Dickinson School of Law, Penn, State Univ.), Carl Vogel (EchoStar Satellite), Robert DuPay (Major League Baseball), and Chase Carey (Directv). See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Opportunities and Challenges in the U.S.-China Economic Relationship". See, notice. Location: Room 215, Dirsksen Building.

10:00 AM. The House Appropriations Committee's Subcommittee on Financial Services will hold a hearing on the Securities and Exchange Commission. Location: Room 2220, Rayburn Building.

10:00 AM. The Supreme Court of the United States (SCUS) will hear oral argument in Credit Suisse Securities v. Billing, an antitrust case. See, SCUS calendar [PDF] and docket. This case is Sup. Ct. No. 05-1157.

12:00 NOON - 1:00 PM. The Heritage Foundation will host a panel discussion titled "An Uncensored Satellite Television Message to Homes in the Middle East". The speakers will include Terence Ascott and Rita El Mounayer (SAT-7 International), Habib Badr (Senior Pastor of the National Evangelical Church of Beirut), and Becky Dunlop (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:00 NOON. The Cato Institute will host a panel discussion titled "The Dangers of Disclosure: The Unintended Consequences of Campaign Regulations for Free Speech and Privacy". The speakers will be Steve Simpson (Institute for Justice), Dick Carpenter (Institute for Justice), Stephen Weissman (Campaign Finance Institute), and John Samples (Cato). See, notice. This event will be web cast. Lunch will be served after the event. Location: Cato, 1000 Massachusetts Ave., NW.

2:00 PM. The House Foreign Affairs Committee's Subcommittee on Asia, the Pacific, and the Global Environment will hold a hearing titled "U.S. China Relations". The witnesses will include Thomas Christensen (Department of State). See, notice. Location: Room 2200, Rayburn Building.

Day two of a two day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". See, notice. Location: Ronald Reagan Building.

7:30 - 9:30 PM. The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". See, notice. Location: Ronald Reagan Building and International Trade Center.

Day one of a three day conference hosted by the National Institute of Standards and Technology (NIST) and others titled "International Conference on Frontiers of Characterization and Metrology for Nanoelectronics". See, notice. The deadline to register is March 8, 2007. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

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

9:30 AM - 12:00 NOON. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another in their series of joint hearings on single firm conduct. This hearing is titled "The Objectives and Goals of Remedies in Section 2 Cases". The speakers will be Robert Crandall (Brookings Institution), David Heiner (Microsoft), Per Hellström (European Commission's Directorate General for Competition), Abbott Lipsky (Latham & Watkins). Location: FTC, Room 432, 600 Pennsylvania Ave., NW.

10:00 AM. The Supreme Court of the United States (SCUS) will hear oral argument in Tellabs v. Makor Issues & Rights, a case regarding the scienter requirements of the Private Securities Litigations Reform Act (PSLRA). See, story titled "Supreme Court Grants Certiorari in PSLRA Case Regarding Pleading of Scienter" in TLJ Daily E-Mail Alert No. 1,515, January 8, 2007. See, SCUS calendar [PDF] and docket. This case is Sup. Ct. No. 06-484.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Status of the Digital Television Transition". Location: Room 2123, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee will meet to mark up several items, including HR 362, a bill pertaining to science, technology, engineering, and mathematics (STEM) education. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Risks and Reform: The Role of Currency in the U.S.-China Relationship". See, notice. Location: Room 215, Dirsksen Building.

10:00 AM. The House Foreign Affairs Committee's Subcommittee on Terrorism, Nonproliferation, and Trade will hold a hearing titled "Trade, Foreign Policy and the American Worker". The witnesses will include Lou Dobbs (CNN), Carla Hills, Scott Paul (Alliance for American Manufacturing), Thea Lee (AFL-CIO), and Yvette Lopes (Teamsters). See, notice. Location: Room 2172, Rayburn Building.

1:30 PM - 4:30 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another in their series of joint hearings on single firm conduct. This hearing is titled "Structural Versus Conduct Remedies". The speakers will be Richard Epstein (University of Chicago Law School), Franklin Fisher (Massachusetts Institute of Technology), Andrew Joskow (NERA Economic Consulting), Dietrich Kleemann (European Commission’s Directorate General for Competition), and John Thorne (Verizon). Location: FTC, Room 432, 600 Pennsylvania Ave., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) seminar titled "Internet Freedom". The speakers will be David Gross (Department of State) and David Wu (Columbia University). The deadline to register is 5:00 PM on March 26. Prices vary. Location: Wiley Rein, 1776 K St., NW.

Day two of a three day conference hosted by the National Institute of Standards and Technology (NIST) and others titled "International Conference on Frontiers of Characterization and Metrology for Nanoelectronics". See, notice. The deadline to register is March 8, 2007. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

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

9:00 AM - 5:00 PM. The National Aeronautics and Space Administration's (NASA) National Space-Based Positioning, Navigation, and Timing (PNT) Advisory Board will meet. See, notice in the Federal Register, March 13, 2007, Vol. 72, No. 48, at Page 11381. Location: Polaris Suite, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

9:30 AM - 12:30 PM. The Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hold another in their series of joint hearings on single firm conduct. This hearing is titled " Remedy in the Face of Technological Change". The speakers will be Michael Cunningham (Red Hat Inc.), Renata Hesse (Wilson Sonsini Goodrich & Rosati), Marina Lao (Seton Hall Law School), William Page (University of Florida's Levin College of Law), and Howard Shelanski (UC Berkeley law school). Location: FTC, Room 432, 600 Pennsylvania Ave., NW.

11:30 AM - 1:00 PM. The International Association of Privacy Professionals (IAPP) will host a lunch. The speaker will be Hugo Teufel, Chief Privacy Officer of the Department of Homeland Security (DHS). The IAPP states that this event is restricted to IAPP Members and TRUSTe Seal holders. The DHS states that this event is "OPEN PRESS". Location: Wiley Rein, 1776 K St., NW.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Communications Law, Copyright, and Digital Rights Management Committee will host a brown bag lunch titled "What's New at the Copyright Office". The speaker will be Marybeth Peters (Register of Copyrights). For more information, contact Ben Golant at bgol at loc dot gov or 202-707-9127. Location: National Association of Broadcasters, 1771 N Street, NW.

2:00 PM. 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". This bill has been on many prior agendas. 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. See, notice. Location: Room 226, Dirksen Building.

2:00 PM. The House Appropriations Committee's Subcommittee on Commerce, Justice & Science will hold a hearing on the Office of the U.S. Trade Representative and the U.S. International Trade Commission. Location: Room H-309, Capitol Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will hold a partially closed meeting by teleconference. See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78451, and notice in the Federal Register, March 15, 2007, Vol. 72, No. 50, at Pages 12179-12180. The open portion of the meeting pertains to the NSTAC's International Task Force (ITF). The closed portion of the meeting pertains to Global Infrastructure Resiliency (GIR).

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare advice for the meeting of the Telecommunication Development Advisory Group (TDAG). See, notice in the Federal Register: February 12, 2007, Vol. 72, No. 28, at Pages 6640-6641. Location: DOS, Room 2533A.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact Natalie Roisman at nroisman at akingump dot com or Chris Fedeli at chrisfedeli at dwt dot com. Location: The Bar at Morton's, 1050 Connecticut Ave., NW.

Day three of a three day conference hosted by the National Institute of Standards and Technology (NIST) and others titled "International Conference on Frontiers of Characterization and Metrology for Nanoelectronics". See, notice. The deadline to register is March 8, 2007. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Rep. Hoyer's weekly calendar [PDF] states that "no votes are expected in the House".

9:00 AM - 1:00 PM. The National Aeronautics and Space Administration's (NASA) National Space-Based Positioning, Navigation, and Timing (PNT) Advisory Board will meet. See, notice in the Federal Register, March 13, 2007, Vol. 72, No. 48, at Page 11381. Location: Polaris Suite, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

TIME? The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet by teleconference to prepare for ITU-T Study Groups 11, 13, and 19. See, notice in the Federal Register, February 12, 2007, Vol. 72, No. 28, at Pages 6640-6641.

Effective date of the Securities and Exchange Commission's (SEC)rule [119 pages in PDF] regarding voluntary internet availability of proxy materials. See, notice in the Federal Register, January 29, 2007, Vol. 72, No. 18, at Pages 4147-4173. See also, story titled "SEC Adopts E-Proxy Rule Changes" in TLJ Daily E-Mail Alert No. 1,506, December 15, 2006.

Deadline to submit comments to the Securities and Exchange Commission (SEC) in response to it proposal to make mandatory internet availability of proxy materials. See, notice in the Federal Register, January 29, 2007, Vol. 72, No. 18, at Pages 4175-4188. See also, story titled "SEC Seeks Comments on Proposal to Mandate Internet Availability of Proxy Materials" in TLJ Daily E-Mail Alert No. 1,529, January 30, 2007.

Deadline for the Office of the U.S. Trade Representative to submit its annual report, as required by Section 1377 of the Omnibus Trade and Competitiveness Act of 1988, which is codified at 19 U.S.C. § 3106, regarding the operation, implementation and effectiveness of all trade agreements regarding telecommunications products and services. See, notice in the Federal Register, November 15, 2006, Vol. 71, No. 220, at Pages 66563-66564.

3/22. The Federal Communications Commission (FCC) adopted, but did not release, a Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rulemaking regarding digital radio services. The FCC issued a short release that describes this item, and all five Commissioners wrote statements. See, statement [PDF] by Chairman Kevin Martin, statement [PDF] by Commissioner Michael Copps, statement [PDF] by Commissioner Jonathan Adelstein, statement [PDF] by Commissioner Deborah Tate, and statement [PDF] by Commissioner Robert McDowell. This item is FCC 07-33 in MM Docket No. 99-325.

3/22. The Federal Communications Commission (FCC) adopted, but did not release, three items that grant requests for review of a total of 182 decisions by the FCC's Universal Service Administrative Company (USAC) that either reduced or denied e-rate subsidies to schools or libraries that failed to comply with the applicable rules of the FCC. The FCC issued a short release [PDF] that states that "rigid adherence to the rules in these cases resulted in outcomes conflicting with the statutory goal mandated by Congress of ensuring that schools and libraries have access to advanced telecommunications services." These items are FCC 07-35, 07-36 and 07-37 in Docket No. 02-06.

3/22. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM) regarding modification of Part 101 of the FCC's rules to permit the installation of smaller antennas by Fixed Service (FS) operators in the 10.7-11.7 GHz band in response to a petition for rulemaking [14 pages in PDF] filed by FiberTower, Inc. (FTI) on May 26, 2004. The FCC issued a short release [PDF] that states that "Although the rules do not mandate a specific antenna size, they do specify certain technical parameters – including maximum beamwidth, minimum antenna gain, and minimum radiation suppression – that, given the current state of technology, limit operators to a minimum antenna size of four feet. FiberTower’s Petition proposes changes to the technical parameters that would permit the use of smaller Fixed Service antennas with reduced mainbeam gain, increased beamwidth, and modified sidelobe suppression in the 11 GHz band. Today's Notice seeks comment on those proposed changes." This NPRM is FCC 07-38 in WT Docket No. 07-51.

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