8/31. The Federal Communications Commission (FCC) adopted and released an Order [25 pages in PDF] that dismisses without prejudice M2Z Networks' and NetfreeUS's requests for exclusive, nationwide licenses to use 20 MHz of spectrum in the 2155-2175 MHz band to provide free wireless broadband service.

The FCC wrote that "we dismiss without prejudice the above-captioned applications to provide service in the 2155-2175 MHz band, which has been allocated for fixed and mobile services, including Advanced Wireless Services (AWS)."

The FCC added that it denies the associated petitions for forbearance filed by M2Z and NetfreeUS, and dismisses related petitions to deny, filed by AT&T, Verizon, T-Mobile, the CTIA and others, and a petition for reconsideration as moot.

The FCC wrote that "We find that the petitions for forbearance are not in the public interest. In addition, we find that the public interest is best served by first seeking public comment on how the band should be used and licensed. We therefore dismiss all pending applications and related pleadings, without prejudice, in recognition of our plan set out below to expeditiously initiate a rulemaking process to consider service rules for the 2155-2175 MHz band".

M2Z proposed to use the 2155-2175 MHz band to provide wireless internet access. M2Z requested the spectrum for free, and without FCC rules. In return, M2Z proposed 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.

For a more detailed description of M2Z's applications, see stories titled "FCC Accepts for Filing M2Z's Application for Free Spectrum" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007, and "Panel Debates M2Z Proposal" in TLJ Daily E-Mail Alert No. 1,541, February 21, 2007.

FCC Chairman Kevin Martin wrote in his statement [PDF] associated with this item that the "public interest is best served by considering fully the best use of this spectrum in a Notice of Proposed Rulemaking, rather than through forbearance petitions seeking exclusive use for a single entity filed by M2Z and NetfreeUS. The Commission received multiple proposals for innovative use of this spectrum apart from those proposed by M2Z and NetfreeUS, and they deserve due consideration as well."

Martin added that "We plan to issue this Notice of Proposed Rulemaking shortly to address these issues and adopt flexible rules that will encourage the innovative use of this unique piece of spectrum."

FCC Commissioner Michael Copps wrote in his statement [PDF] in support of this item that "the proper way to allocate this spectrum -- in the manner that best serves the public interest -- is to conduct a general rulemaking, which the Commission will initiate shortly."

Copps added that this rulemaking "should consider the following options: (1) opening this band to unlicensed use, as has proved so productive in other bands; (2) designating it for an open access model that would combine wholesale broadband access and a Carterfone mandate; (3) using it to provide free, advertiser-supported broadband service (as initially proposed by M2Z and one other applicant) as well as a fee-based premium broadband service; or (4) allocating it through a traditional, largely unconditioned auction." (Parentheses in original.)

See also, statement [PDF] by FCC Commission Jonathan Adelstein.

This item is FCC 07-161 in its proceedings titled "In the Matter of Applications for License and Authority to Operate in the 2155-2175 MHz Band" and "In the Matter of Petitions for Forbearance Under 47 U.S.C. § 160" and numbered WT Docket Nos. 07-16 and 07-30.

8/31. The Federal Communications Commission (FCC) adopted and released a Report and Order and Memorandum Opinion and Order [116 pages in PDF] that revises the regulatory regime for the provision of in-region long distance services by the three Bell Operating Companies (BOCs), AT&T, Verizon and Qwest, and their independent incumbent local exchange carrier (ILEC) affiliates. The FCC also issued a short release [PDF] that summarizing this item.

FCC Commissioner Robert McDowell (at left) wrote in his statement [PDF] that "This is a classic instance where regulation had been appropriate to protect emerging competitors and consumers, but where the relevant market has become sufficiently competitive to warrant less onerous regulation, while continuing to protect consumers."

This item is FCC 07-159 in the proceeding titled "In the Matters of: Section 272(f)(1) Sunset of the BOC Separate Affiliate and Related Requirements; 2000 Biennial Regulatory Review Separate Affiliate Requirements of Section 64.1903 of the Commission’s Rules; and Petition of AT&T Inc. for Forbearance Under 47 U.S.C. § 160(c) with Regard to Certain Dominant Carrier Regulations for In-Region, Interexchange Services", and numbered WC Docket No. 02-112, CC Docket No. 00-175, and WC Docket No. 06-120.

The just released item states that under current FCC rules the BOCs must "choose between two different regulatory regimes in providing in-region, long distance services, both of which impose significant burdens and costs: the BOC can provide these services on a nondominant carrier basis through a section 272 separate affiliate; alternatively, it can provide these services directly or through an affiliate that is not a section 272 separate affiliate subject to dominant carrier regulation, including rate regulation and tariff-filing requirements". (Footnotes omitted from this and some other quotations.)

Also, "AT&T's and Verizon's independent incumbent LEC affiliates must provide in-region, domestic, interexchange telecommunications services and in-region, international telecommunications services only through rule 64.1903 separate affiliates".

The FCC's new regulatory framework provides that AT&T, Verizon and Qwest may "provide in-region, interstate, long distance services either directly or through affiliates that are neither section 272 separate affiliates nor rule 64.1903 separate affiliates, subject to nondominant carrier regulation, as long as they comply with certain targeted safeguards ... as well as with other continuing statutory and regulatory obligations".

In addition, this item states that "We also forbear from application of the Equal Access Scripting Requirement (EA Scripting Requirement) to the BOCs. We find this requirement, under which incumbent LECs must provide customers seeking new telephone exchange service with certain information regarding their long distance options, no longer justified as applied to AT&T, Qwest, and Verizon, given the marketplace changes that have occurred since the requirement’s adoption and the requirement’s relative costs and benefits. We also find good cause to waive the EA Scripting Requirement for the BOCs' independent incumbent LEC affiliates."

FCC Commissioners Michael Copps and Jonathan Adelstein concurred in part, and dissented in part. They wrote in their statement [PDF] that they are "concerned that the Order does not fully take into account the significant consolidation that has taken place in the marketplace and what this means for consumers. Nor does the Order put in place a comprehensive mechanism for monitoring changes in the marketplace (e.g., in the long-distance, wireless, and access markets) that would enable the Commission to reliably make decisions. Consumers will not be well-served if the Commission allows the competitive options to dwindle to a choice of bundles from a duopoly of providers. With this concern in mind, we cannot support the decision to reach beyond the rulemaking proceeding to use forbearance to take away equal access scripting -- a long-standing and useful tool for consumers seeking information about competitive options." (Parentheses in original.)

FCC Commissioner Deborah Tate wrote in her statement [PDF] that "Today’s decision takes a carefully balanced approach, providing regulatory relief to the incumbent Bell Operating Companies, allowing them to respond to marketplace demands efficiently and effectively, but ensuring that less intrusive or less costly regulation remains that protects important consumer interests and competition."

FCC Chairman Kevin Martin wrote no separate statement for this item.

The FCC also released a separate Memorandum Opinion [7 pages in PDF] in its proceeding titled "In the Matter of Petition of AT&T Inc. for Forbearance Under 47 U.S.C. § 160(c) with Regard to Certain Dominant Carrier Regulations for In-Region, Interexchange Services".

This item denies as moot, because of the above discussed item, a related petition for forbearance filed by AT&T.

AT&T requested that the FCC forbear from applying certain dominant carrier regulations to in-region, interstate, interexchange services, including international services, provided by any AT&T affiliates, forbear from applying separate affiliate requirements for independent ILECs to AT&T’s provision of interexchange services in AT&T’s independent ILEC service areas, and forbear from obligations that require BOCs to inform new customers that they have a choice of long distance providers and to read them a list of providers.

This item is FCC 07-160 in WC Docket No. 06-120. McDowell wrote a single statement that addressed both this item, and the item discussed above. No other Commissioners wrote statements regarding this item.

8/31. The European Union's Court of First Instance announced that on September 17, 2007, at 9:30 AM, it will release its decision in Microsoft v. European Commission, No. T-201/04.

This proceeding is Microsoft's appeal of the European Commission's (EC) 2004 action that mandates that Microsoft remove certain code from its products sold in the Europe, and that it license certain proprietary technology and intellectual property rights to its competitors. The EC also fined Microsoft 497 Euros at that time.

The U.S. Department of Justice's (DOJ) Antitrust Division has frequently criticized the EC's 2004 decision.

On September 11 the Association for Competitive Technology (ACT) will host a lunch titled "The Growing Threat to American Competitiveness: Is Antitrust Policy Being Used as a New Form of Protectionism?" It will focus on various EC actions against US technology companies, including Microsoft, Intel and Apple, based upon asserted violations of antitrust law. The speakers will be Rep. Robert Wexler (D-FL), Robert Atkinson (Information Technology and Innovation Foundation), Steve DelBianco (ACT), and Ronald Cass (Center for the Rule of Law).

See, stories titled "European Commission Seeks 497 Million Euros and Code Removal from Microsoft" in TLJ Daily E-Mail Alert No. 863, March 25, 2004, and "European Commission Releases Microsoft Decision" in TLJ Daily E-Mail Alert No. 883, April 23, 2004. See also, Microsoft web page for this proceeding.

8/31. Sen. John Warner (R-VA) announced that he will not run for re-election to the Senate in 2008. See also, statement by President Bush.

8/31. Tony Snow, Press Secretary to President Bush, resigned, effective September 14, 2007. President Bush named Dana Perino to replace him. See, transcript of news conference of President Bush.

8/30. Microsoft and Eolas Technologies, Inc., settled a patent infringement case, but did not disclose the terms of the settlement. This case is Eolas Technologies Incorporated. et al. v. Microsoft Corporation, U.S. District Court for the Northern District of Illinois, D.C. No. 99 C 0626. See also, story titled "Federal Circuit Vacates in Eolas Patent Case" in TLJ Daily E-Mail Alert No. 1,087, March 3, 2005.

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The House will return from its August recess at 2:00 PM. It will consider HR 694 [LOC | WW], the "Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2007" under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's calendar [PDF].

The Senate will return from its August recess at 12:00 NOON. At 1:00 PM it will begin consideration of HR 2642 [LOC | WW], the Military Construction and Veterans Affairs Appropriations bill, Fiscal Year 2008. See, Senate 2007 calendar.

9:00 AM - 5:00 PM. Day one of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). Section 508 of the Rehabilitation Act of 1973, as amended, provides at 29 U.S.C. § 794d that each federal agency "developing, procuring, maintaining, or using electronic and information technology" must provide comparable access to disabled federal employees, and to disabled members of the public who have access to and use of information and data of that agency; it further provides that each agency must comply with disability access regulations written by the ATBCB. See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48252-48253. For more information, contact Timothy Creagan at 202-272-0016 or creagan at access dash board dot gov. Location: National Science Foundation, Room 555, 4121 Wilson Boulevard, Stafford Place II, Arlington, VA.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Maurice Mitchell Innovations LP v. Intel Corporation, App. Ct. No. 2007-1108, an appeal from the U.S. District Court (EDTex), D.C. No. 2:04-CV-450, a patent case. Location: Courtroom 201, 717 Madison Place, NW.

Deadline to submit comments to the Copyright Office (CO) regarding it interim rules pertaining to online registration of claims to copyright and recording of documents pertaining to copyright. See, notice in the Federal Register, July 6, 2007, Vol. 72, No. 129, at Pages 36883-36889.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding whether to license Vehicle-Mounted Earth Stations as an application of the Fixed-Satellite Service in the conventional and extended Ku-band frequencies. The FCC adopted this NPRM on May 9, 2007 and released the text on May 15, 2007. This item is FCC 07-86 in IB Docket No. 07-101. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39357-39370.

EXTENDED TO SEPTEMBER 11. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding Section 612 of the Communications Act, which is codified at 47 U.S.C. § 532, which requires cable operators to set aside channel capacity for commercial use by video programmers unaffiliated with the operator, and Section 616 of the Communications Act, which is codified at 47 U.S.C. § 536, which prohibits a cable operator or other multichannel video programming distributor (MVPD) from requiring a financial interest in any program service as a condition for carriage of such service, from coercing a programmer to grant exclusive carriage rights, or from engaging in conduct that unreasonably restrains the ability of an unaffiliated programming vendor to compete fairly by discriminating against such vendor on the basis of affiliation or nonaffiliation. The FCC adopted this item on March 2, 2007, and released the text on June 15, 2007. This NPRM is FCC 07-18 in MB Docket No. 07-42. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39370-39377. See also, Public Notice [PDF] (DA 07-3736) extending comment deadlines.

Deadline to submit comments to the Department of Agriculture's Rural Utilities Service (RUS) regarding its proposed changes to its rules governing its Community Connect Broadband Grant Program. See, notice in the Federal Register, August 3, 2007, Vol. 72, No. 149, at Page 43199.

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

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Digeo, Inc. v. Audible, Inc., App. Ct. No. 2007-1133, an appeal from the U.S. District Court (WDWash), D.C. No. C05-464JLR, a patent case involving digital music. Location: Courtroom 201, 717 Madison Place, NW.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Hearing on Warrantless Surveillance and the Foreign Intelligence Surveillance Act: The Role of Checks and Balances in Protecting Americans’ Privacy Rights". See, notice. Location: Room 2141, Rayburn Building.

Federal Communications Commission's (FCC) self imposed deadline to conclude its rulemaking and release an order in its video franchising proceeding. See, Report and Order and Further Notice of Proposed Rulemaking [109 pages in PDF], at ¶ 140. This item is FCC 06-180 in MB Docket 05-311. This FNPRM pertains to extending the requirements of the order to incumbent cable operators.

9:00 AM - 5:00 PM. Day two of a three day meeting of the Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC). See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48252-48253. For more information, contact Timothy Creagan at 202-272-0016 or creagan at access dash board dot gov. Location: National Science Foundation, Room 555, 4121 Wilson Boulevard, Stafford Place II, Arlington, VA.

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

8:30 AM - 5:15 PM. Day one of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Computer Security Division (CSD) Update", "NIST Metrics Projects Briefing", "NIST Research Priorities for the Future", "Best Practices in Security at NSA", "Telecommuting Security Issues", "OMB Privacy Update", "Privacy Technology Update", and "ISPAB Work Plan". See, notice in the Federal Register, August 24, 2007, Vol. 72, No. 164, at Page 48619. Location: Room 400, George Washington University Cafritz Conference Center, 800 21st St., NW.

9:00 AM - 5:00 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). See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48252-48253. For more information, contact Timothy Creagan at 202-272-0016 or creagan at access dash board dot gov. Location: National Science Foundation, Room 555, 4121 Wilson Boulevard, Stafford Place II, Arlington, VA.

9:30 AM. The U.S. International Trade Commission (USITC) will hold a hearing in its proceeding titled "China: Description of Selected Government Practices and Policies Affecting Decision-making in the Economy". This is Investigation No. 332-492. See, USITC release. Press contact: Peg O'Laughlin at 202-205-1819. Location: USITC, Main Hearing Room, 500 E St., SW.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 1845 [LOC | WW], an untitled bill that would limit communications between the staffs of the White House and the Department of Justice (DOJ). The agenda also includes consideration of Richard Jones to be a Judge of the U.S. District Court (WDWash). It also includes consideration of Jennifer Elrod to be a Judge of the U.S. Court of Appeals (5thCir). The SJC frequently fails to obtain a quorum for its meetings. The SJC rarely follows the agendas for its meetings. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Elbex Video, Ltd. v. Sensormatic Electronics Corp., App. Ct. No. 2007-1097, an appeal from the U.S. District Court (SDNY). Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Research Corporation Technologies, Inc. v. Microsoft Corporation, App. Ct. No. 2006-1275, an appeal from the U.S. District Court (DAriz). Location: Courtroom 203, 717 Madison Place, NW.

3:00 PM. The House Rules Committee will meet to adopt a rule for consideration of HR 1908 [LOC | WW] the "Patent Reform Act of 2007". Location: Room H-313, Capitol Building.

Deadline to submit comments to the Department of Education (DOE) regarding its notice of proposed rulemaking (NPRM) regarding its regulations for the Academic Competitiveness Grant (ACG) and National Science and Mathematics Access to Retain Talent Grant (National SMART Grant) programs. See, notice in the Federal Register, August 7, 2007, Vol. 72, No. 151, at Pages 44050-44065.

The House will meet at 9:00 AM for legislative business. The House may consider HR 1908 [LOC | WW] the "Patent Reform Act of 2007". See, Rep. Hoyer's calendar [PDF].

8:00 AM - 4:15 PM. Day two of a two day meeting of the Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Computer Security Division (CSD) Update", "NIST Metrics Projects Briefing", "NIST Research Priorities for the Future", "Best Practices in Security at NSA", "Telecommuting Security Issues", "OMB Privacy Update", "Privacy Technology Update", and "ISPAB Work Plan". See, notice in the Federal Register, August 24, 2007, Vol. 72, No. 164, at Page 48619. Location: Room 400, George Washington University Cafritz Conference Center, 800 21st St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Systems Division, Inc. v. Teknek, App. Ct. No. 2007-1162. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 2:00 PM. The Architectural and Transportation Barriers Compliance Board will hold meetings on September 5-7, 2007. Its Electronic and Information Technology Ad Hoc Committee will meet on September 7 at 12:00 NOON. See, notice in the Federal Register, August 20, 2007, Vol. 72, No. 160, at Page 46438. Location: Madison Hotel, 1177 15th St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Mass Media Committees will host a brown bag lunch titled "Consumers, Cable Operators, Broadcasters, Who's DTV Transition Is It?". The speakers will be Diane Burstein (NCTA) and David Donovan (Association for Maximum Service Television). For Further Information: Contact William Cook at William_Cook at aporter dot com, Steven Morris at Smorris at NCTA dot com, Jessica Rosenworcel at Jessica_Rosenworcel at commerce dot senate dot gov, or Ryan Wallach at rwallach at willkie dot com. RSVP to Ryan Wallach. Location: Willkie Farr & Gallagher, Suite 200, 1875 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response its Public Notice [32 pages in PDF] regarding the competitive bidding procedures for the 700 MHz band auction. The FCC released the Public Notice on August 17, 2007. It is DA 07-3415 in AU Docket No. 07-157. This auction is Auction No. 73. It is scheduled to commence on January 16, 2008. See, notice in the Federal Register, August 23, 2007, Vol. 72, No. 163, at Pages 48272-48285. See also, story titled "FCC Adopts 700 MHz Band Order" in TLJ Daily E-Mail Alert No. 1,619, July 31, 2007, and story titled "FCC Sets Date for 700 MHz Auction" in TLJ Daily E-Mail Alert No. 1,624, August, 20, 2007.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft Special Publication 800-111 [37 pages in PDF] titled "Guide to Storage Encryption Technologies for End User Devices".

TIME CHANGE. 9:00 - 11:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Deemed Export Advisory Committee will meet in open session. See, original notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Page 46035, and revised notice in the Federal Register, August 27, 2007, Vol. 72, No. 165, at Page 48985. For more information, contact Yvette Springer at 202-482-2813. Location: DOC, main auditorium Herbert Hoover Building, 14th St. & Pennsylvania Ave., NW.

11:00 AM - 4:30 PM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Deemed Export Advisory Committee will meet in closed session. See, notice in the Federal Register, August 27, 2007, Vol. 72, No. 165, at Page 48985. For more information, contact Yvette Springer at 202-482-2813. Location: __?

2:00 - 3:30 PM. The U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) will meet. For more information, contact counterfeiting at uschamber dot com or 202-463-5500. Location: U.S. Chamber, 1615 H St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Federal Information Processing Standard (FIPS) Publication 198-1 [11 pages in PDF], titled "The Keyed-Hash Message Authentication Code (HMAC)".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding Draft Federal Information Processing Standard (FIPS) Publication 180-3 [29 pages in PDF], titled "Secure Hash Standard (SHS)".

Deadline to submit comments to the Securities and Exchange Commission (SEC) in response proposal to change its rules to provide two exemptions from the registration requirements of the Securities Exchange Act of 1934 for compensatory employee stock options. See, notice in the Federal Register, July 10, 2007, Vol. 72, No. 131, at Pages 37607-37624.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding proposed rules to ensure bidirectional compatibility of cable television systems and consumer electronics equipment. The NPRM also seeks comment on whether these rules should apply to non-cable Multichannel Video Programming Distributors (MVPDs) and whether there are technological solutions that are network agnostic and deployable across all MVPD platforms, including DBS, IP, and QAM/IP. The FCC adopted this item on June 27, 2007, and released the text on June 29, 2007. It is FCC 07-120 in CS Docket No. 97-80 and PP Docket No. 00-67. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40818-40824.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Wireline Competition Bureau's (WCB) notice requesting comments to refresh the record on the issues raised by the FCC's 2004 Further Notice of Proposed Rulemaking (NPRM) regarding its universal service subsidy programs titled "Lifeline" and "Linkup". The WCB issued its notice on March 12, 2007. It is DA 07-1241. The FCC issued its NPRM on June 22, 2004, in WC Docket No. 03-109. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40816-40818.

9:00 AM. The Executive Office of the President's (EOP) Office of Science and Technology Policy's (OSTP) President's Council of Advisors on Science and Technology (PCAST) will meet. The agenda [PDF] includes a panel on nanotechnology and a panel on partnerships between universities and non-government entities in support of research. See, notice in the Federal Register, August 24, 2007, Vol. 72, No. 164, at Pages 48639. Location: Room 100, Keck Center of the National Academies, 500 5th St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in American Bird Conservancy v. FCC, App. Ct. No. 06-1165. Judges Henderson, Randolph and Brown will preside. Location: Courtroom 22 Annex, Prettyman Courthouse, 333 Constitution Ave., NW.

POSTPONED. 12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch regarding the FCC's Media Bureau (MB). The speakers will be Bureau Chief Monica Desai and other representatives of the MB. For more information, contact Kerry Loughney at kerry at fcba dot org. Location: Holland & Knight, Lower Level Conference Room, 2099 Pennsylvania Ave., NW.

12:30 PM. The Association for Competitive Technology (ACT) will host a lunch titled "The Growing Threat to American Competitiveness: Is Antitrust Policy Being Used as a New Form of Protectionism?" The speakers will be Rep. Robert Wexler (D-FL), Robert Atkinson (Information Technology and Innovation Foundation), Steve DelBianco (ACT), and Ronald Cass (Center for the Rule of Law). RSVP to rsvp at actonline dot org or 202-420-7484. Location: Room 2200, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Patent Damages: Discovery, Pre-trial and Litigation Strategies". The speakers will be Charles Fish (Time Warner Corporate Patent Group), Clifton McCann (Venable), and Andrew Aitken (Venable). The price to attend ranges from $80 to $115. For more information, call 202-626-3488. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

TIME? Day one of a two day meeting of the President's Council of Advisors on Science and Technology (PCAST). The PCAST web site states that this meeting will take place on September 11-12, 2007. Location?

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding changes to its rules that govern the 4.9 GHz band and the Wireless Medical Telemetry Service which shares spectrum. This NPRM is FCC 07-85 in WP Docket No. 07-100. The FCC adopted this NPRM on May 9, 2007, and released it on May 14, 2007. See, notice in the Federal Register, June 13, 2007, Vol. 72, No. 113, at Pages 32582-32589.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding Section 612 of the Communications Act, which is codified at 47 U.S.C. § 532, which requires cable operators to set aside channel capacity for commercial use by video programmers unaffiliated with the operator, and Section 616 of the Communications Act, which is codified at 47 U.S.C. § 536, which prohibits a cable operator or other multichannel video programming distributor (MVPD) from requiring a financial interest in any program service as a condition for carriage of such service, from coercing a programmer to grant exclusive carriage rights, or from engaging in conduct that unreasonably restrains the ability of an unaffiliated programming vendor to compete fairly by discriminating against such vendor on the basis of affiliation or nonaffiliation. The FCC adopted this item on March 2, 2007, and released the text on June 15, 2007. This NPRM is FCC 07-18 in MB Docket No. 07-42. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39370-39377, and Public Notice [PDF] (DA 07-3736) extending comment deadlines.