9/17. Thomas Barnett, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, criticized the opinion [238 pages in PDF] of the Court of First Instance of the European Communities (CFI) in the Microsoft case.

The CFI largely denied Microsoft's appeal of the European Commission's order of April 2004, which directed Microsoft to pay it nearly one half billion Euros, redesign its software, and license certain proprietary technology and intellectual property rights to its competitors.

Barnett (at left) stated in a release that "We are, however, concerned that the standard applied to unilateral conduct by the CFI, rather than helping consumers, may have the unfortunate consequence of harming consumers by chilling innovation and discouraging competition."

The content of the criticism is not new. Barnett's predecessor, Hewitt Pate, publicly criticized the European Commission's regulatory action in this case on several occasions. What is new is that Barnett has elevated the target of the criticism -- from European regulators, to the European judiciary.

Barnett wrote that "In the United States, the antitrust laws are enforced to protect consumers by protecting competition, not competitors. In the absence of demonstrable consumer harm, all companies, including dominant firms, are encouraged to compete vigorously. U.S. courts recognize the potential benefits to consumers when a company, including a dominant company, makes unilateral business decisions, for example to add features to its popular products or license its intellectual property to rivals, or to refuse to do so."

US technology companies now face inconsistent regulatory regimes in the US and EU.

Barnett added the "The Justice Department looks forward to continuing its wide-ranging and positive relationship with the EC on antitrust matters, including matters affected by today's decision. This cooperation is particularly important given the global nature of many markets, including in the high technology sector. The Justice Department will work with the EC to develop sound antitrust enforcement policies that benefit consumers on both sides of the Atlantic."

See also, story titled "European Court of First Instance Rejects Key Parts of Microsoft's Appeal" in TLJ Daily E-Mail Alert No. 1,639, September 14, 2007. For coverage of prior DOJ criticism of the EU's approach to single firm conduct, see, September 10, 2004 speech by Hewitt Pate titled "Securing the Benefits of Global Competition", and stories titled "Pate Criticizes EC Decision Regarding Microsoft" in TLJ Daily E-Mail Alert No. 869, April 5, 2004, "Pate Addresses US EU Differences on Antitrust, Microsoft, and IPR" in TLJ Daily E-Mail Alert No. 913, June 8, 2004, and "Pate Addresses US Competition Law And Differences With EU" in TLJ Daily E-Mail Alert No. 975, September 13, 2004.

9/17. The U.S. Court of Appeals (9thCir) issued its opinion [20 pages in PDF] in In Re Magnacom Wireless, a bankruptcy case involving spectrum licenses.

In 1996 Magnacom Wireless obtained spectrum usage licenses at a Federal Communications Commission (FCC) auction. As a designated entity, it made only down payments, and signed security agreements that required periodic payments over ten years. The total purchase price was $55 Million.

Magnacom signed security agreements that provided that it possessed no underlying right to the spectrum, that the FCC's security interest in the licenses did not derogate from the FCC's regulatory authority over the licenses, that the licenses would be automatically cancelled if an event of default occurred, that Magnacom would not be entitled to any proceeds from the sale of new licenses following cancellation, and that the Security Agreement would be subject to the Act, FCC regulations, and federal law.

Magnacom was unable to make payments, and filed a voluntary Chapter 11 bankruptcy petition. The FCC sought and received from the U.S. Bankruptcy Court relief from the stay. The FCC then cancelled the licenses. The FCC then filed a proof of claim as an unsecured creditor to obtain the approximately $48 Million that the Magnacom bankruptcy estate still owed.

The FCC later auctioned the same spectrum in 2001 for $287 Million.

The bankruptcy trustee filed a complaint against the FCC in the Bankruptcy Court seeking the return of any proceeds from the auction of the new licenses that exceeded the amount Magnacom owed to the FCC. The Bankruptcy Court dismissed the complaint for failure to state a claim upon which relief can be granted. The trustee appealed to the U.S. District Court (WDWash). It affirmed.

The trustee then brought the present appeal. The Court of Appeals affirmed.

The Court of Appeals wrote that, pursuant to 47 U.S.C. § 301, "once Magnacom's licenses were cancelled by the FCC, Magnacom's licenses had no value and Magnacom's interest in the underlying spectrum was extinguished. This valueless asset could not generate any traceable proceeds for purposes of the Bankruptcy Code. Moreover, nothing in the Security Agreement or applicable law requires us to treat the FCC’s license cancellation as a lien-enforcement proceeding subject to the UCC. Therefore, Magnacom had no entitlement to the proceeds from any subsequent sale of new licenses covering the same spectrum."

The Court of Appeals held that "the FCC’s cancellation of Magnacom’s licenses extinguished Magnacom’s interest in those licenses and the underlying spectrum. Such cancellation did not result in any traceable proceeds, and did not constitute a lien-enforcement remedy. Therefore, Magnacom is not entitled to such proceeds."

This case is In Re Magnacom Wireless, LLC, U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-35839, an appeal from the U.S. District Court for the Western District of Washington, D.C. No. CV-04-05681-FDB, Judge Franklin Burgess presiding. Judge Sandra Ikuta wrote the opinion of the Court of Appeals, in which Judges Betty Fletcher and Harry Pregerson joined.

9/11. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order regarding E911 Phase II location accuracy requirements at the Public Safety Answering Point (PSAP) service area level. This is another in a series of FCC actions related to mandating and increasing the accuracy of location tracking of wireless devices, including VOIP.

The FCC issued a short release [PDF] that summarizes this R&O. It states that this item "requires carriers to meet interim, annual benchmarks over the next five years".

The FCC release states that this includes "Fulfilling the Commission's location accuracy requirements within each Economic Area in which a carrier operates by September 11, 2008", "Satisfying the location accuracy requirements within each Metropolitan Statistical Area and Rural Service Area that the carrier serves; and demonstrating significant progress toward compliance at the PSAP-level, including achieving this requirement within at least 75 percent of the PSAPs the carrier serves, by September 11, 2010", and "Achieving full compliance with the PSAP-level location accuracy requirements by September 11, 2012."

All five FCC Commissioners wrote and released statements in which they emphasized the public safety goals of the FCC in adopting this item.

FCC Commissioner Robert McDowell added in his statement [PDF] that "today's item is fraught with highly dubious legal and policy maneuvering that bypasses a still developing record on what should be the reasonable and appropriate implementation details".

He added that "Given the huge commitment of resources and effort needed to make the vast progress we have yet to make, a collaborative, cooperative approach is the most effective way to achieve the goals all of us share. Adopting in whole cloth an eleventh hour proposal at the stroke of Sunshine’s end is not the way to promote an atmosphere for progress. Instead of working with all stakeholders, the Commission today simply adopts on a Tuesday a proposal filed on Friday. Offering no opportunity for deliberation or participation by so many stakeholders does not befit an expert agency."

Steve Largent, head of the Wireless Association, stated in a release that it and the wireless industry "are committed to improving location accuracy. Today's action by the Commission will hamper that important effort."

He continued that "In addition to today's item being procedurally flawed, I am concerned that the Commission's action may lead to unrealistic -- and potentially harmful -- consumer expectations. I had hoped the Commission would move forward in a collaborative effort involving experts from industry, public safety, and government.  I am sorry to see that is not the case."

Sen. Ted Stevens (R-AK) praised the FCC in a release for "establishing measurable benchmarks to improve the process for locating E9-1-1 calls". He wrote that "Determining the accurate location of emergency calls can mean the difference between life and death, and these new standards will assist both the wireless industry and the public safety community in making wireless emergency calls more reliable. The technical issues involved will require government, public safety and industry to work together cooperatively to achieve our common goals."

This item is FCC 07-166 in PS Docket No. 07-114 and CC Docket No. 94-102.

See also, story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

9/12. The Federal Communications Commission (FCC) adopted a Third Memorandum Opinion and Order  (3rdMO&O) regarding the obligations of licensees involved in 800 MHz band reconfiguration at its September 11, 2007, meeting. It released the text [18 pages in PDF] on September 12.

The FCC also released a companion Public Notice (DA 07-168) [9 pages in PDF]. See also, FCC release [PDF] summarizing these two items. These items pertain to minimizing interference between public safety and commercial users in this band.

This MO&O states that Sprint "has not met the December 26, 2006, eighteen-month benchmark for clearing Channel 1-120 incumbents as required by the 800 MHz rebanding process. In that connection, we deny the portion of Sprint’s Petition for Reconsideration that sought “clarification” of the eighteen-month benchmark. Although we do not impose fines or forfeitures on Sprint for not meeting the benchmark, we establish additional benchmarks to ensure timely clearing of the Channel 1-120 band by all incumbent licensees, including Sprint itself. We also require Sprint to provide monthly reports on its channel-clearing efforts. In addition, we clarify the 30-month rebanding benchmark, which requires all 800 MHz licensees that must reband to have ``commenced´´ reconfiguration of their systems by December 26, 2007." (Footnotes omitted.)

The FCC also wrote that "We also address several petitions by NPSPAC licensees to extend their rebanding deadline until after incumbent analog broadcasters operating in their area on TV Channel 69 have vacated the spectrum as part of the DTV transition. We grant petitioners’ requests in part and will allow them to delay the commencement of their base station infrastructure retuning until March 1, 2009, after the Channel 69 incumbents in their area have vacated the spectrum."

The Public Notice states that it "announces supplemental procedures and provides guidance for completion of 800 MHz rebanding by National Public Safety Planning Advisory Committee (NPSPAC) licensees."

This MO&O is FCC 07-167 in WT Docket 02-55.

9/11. The Federal Communications Commission (FCC) adopted, but did not release, a Third Report and Order and Third Further Notice of Proposed Rulemaking regarding the mandatory cable carriage of digital broadcast television signals after the conclusion of the digital television (DTV) transition.

The FCC issued a short release [PDF] that that summarizes this item. It states that this item "allows cable operators to comply with the viewability requirement by choosing to either: (1) carry the digital signal in analog format, or (2) carry the signal only in digital format, provided that all subscribers have the necessary equipment to view the broadcast content. The viewability requirements extend to February 2012 with the Commission committing to review them during the last year of this period in light of the state of technology and the marketplace."

The FCC's release also states that "a cable system with activated channel capacity of 552 megahertz or less may request a waiver of the viewability requirements." It adds that the FCC "is also seeking comment in a Further Notice on ways to minimize any economic impact on small cable operators while still complying with the statutory requirements for carriage of local TV stations."

Finally, the FCC release states that "While the item provides cable operators with flexibility, the FCC reaffirmed the requirement that cable systems must carry high definition (“HD”) broadcast signals in HD format and reaffirmed its current material degradation standard. Cable operators must carry broadcast signals so that the picture quality is at least as good as the quality of any other programming carried on the system."

FCC Chairman Kevin Martin wrote in a statement associated with this item that "If the cable companies had their way", viewers "could go to sleep one night after watching their favorite channel and wake up the next morning to a dark fuzzy screen. This is because the cable operators believe that it is appropriate for them to choose which stations analog cable customers should be able watch."

Martin continued that "It is not acceptable as a policy matter or as a legal matter. The 1992 Cable Act is very clear. Cable operators must ensure that all local broadcast stations carried pursuant to this Act are ``viewable´´ by all cable subscribers. Thus, they may not simply cut off the signals of these must-carry broadcast stations after the digital transition. The Order we adopt today prevents the cable operators from doing just that."

Rep. Joe Barton (R-TX) and Rep. Fred Upton (R-MI) stated in a release that "People who know how to change channels are still the best regulators of cable content, but we are glad that the FCC is at least starting to lean in the direction of good sense and away from the more onerous forced-carriage obligations it had been considering. The best thing about the FCC’s decision, however, would be if it closes the debate and provides viewers and cable operators with some certainty. That was our goal when we included a similar compromise in the DTV legislation that passed the House, although that language would have also provided a straightforward exemption for smaller operators rather than the FCC’s clumsy waiver process. We’re still wrangling over all this because the entire provision fell victim to Senate rules before the DTV bill became law."

Kyle McSlarrow, head of the National Cable & Telecommunications Association (NCTA), stated in a release that "In 2005, the cable industry made two public commitments. First, despite the fact that this is a broadcaster transition, we said we would join the effort to educate all Americans about the digital TV transition. Last week, we announced a $200 million consumer education campaign that started this month."

"Second," said McSlarrow, "we said that we were prepared to go beyond what the law required to take care of our customers to ensure a seamless transition. In 2005, we reached a marketplace agreement with all public broadcasters for carriage during and after the digital transition. We also worked with Congress on a legislative proposal for commercial must carry stations, which ultimately was not included in final passage of the digital transition law. More recently, our industry developed a voluntary plan in which we would commit to three years of dual carriage for commercial must carry stations, taking into account the very limited but special circumstances of small cable systems."

McSlarrow concluded that "We are pleased that the FCC’s action today adopts cable’s carriage plan. And we are pleased that the FCC dropped an ill-considered mandate that would have turned back the clock on decades of digital technology innovation. We continue to urge the FCC to act quickly to take into account the special circumstances of very small systems, and to make clear that those systems have the flexibility to serve all their customers without a one-size fits all mandate."

This proceeding is titled "Carriage of Digital Television Broadcast Signals, Amendment to Part 76 of the Commission’s Rules". This item is FCC 07-170 in CS Docket No. 98-120.

9/11. The Federal Communications Commission (FCC) adopted, but did not release, a Report and Order (R&O) and Notice of Proposed Rulemaking (NPRM) regarding its program access rules.

The FCC issued a short release [PDF] that describes this item. It states that the R&O portion "extends the ban of exclusive contracts between vertically integrated programmers and cable operators to October 5, 2012. A vertically integrated programmer is one that is affiliated with a cable operator or other covered MVPD’s. This ban had already been in place and was set to expire October 5, 2007."

The FCC's release adds that this item amends the FCC's program access complaint procedures.

The release states that the NPRM portion of this item seeks comments on "on two revisions to the program access complaint procedures. First, the NRPM seeks comment on whether to allow complainants to seek a temporary stay of any proposed changes to existing contracts that are the subject of a program access complaint. Second, the NPRM seeks comment on creating an arbitration-type step in the complaint process whereby the Commission may request, as part of its evaluation of the appropriate remedy, that the parties submit their best “final offer” proposals for the rates, terms, or conditions under review."

The release also states that the NPRM seeks comments on "concerns relating to programming tying arrangements, which refers to the practice of some programmers to require MVPDs to purchase and carry undesired programming in return for the right to carry desired programming. The NPRM seeks comment whether it is appropriate to preclude these tying arrangements and to instead require all programming services to be offered on a stand-alone basis to all MVPDs."

Finally, the release states that the NPRM seeks comments on "whether it would be appropriate to extend the Commission’s program access rules, including the exclusive contract prohibition, to terrestrially delivered cable-affiliated programming."

FCC Chairman Kevin Martin wrote in his statement associated with this item that "Today we determine that while competition has improved, vertically integrated programmers still have an incentive and ability to favor their affiliated cable operators over competitive MVPDs. The item we adopt today ensures that the competition in this market will continue unabated by retaining the ban on exclusive contracts for vertically integrated programmers for another five years. We therefore make sure that new entrants, in addition to existing players, will continue to have access to critical programming on a nondiscriminatory basis."

Walter McCormick, head of the USTelecom, stated in a release that "The program access rules ensure that consumers have a broad and diverse array of options in cable programming. We appreciate the Commission's commitment to pursue and implement policies that will help spur video competition and broadband deployment. This action is a strong step to help bring more offerings and competition to consumers."

This item is FCC 07-169 in MB Docket Nos. 07-29 and 07-198.

9/17. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) announced the creation of its Disaster Information Reporting System (DIRS), a voluntary web based system that communications providers can use to report communications infrastructure status and situational awareness information during times of crisis. See, FCC's Public Notice [2 pages in PDF] (DA 07-3871) and notice in the Federal Register, September 17, 2007, Vol. 72, No. 179, at Pages 52879-52880.

9/14. A trial jury of the U.S. District Court (NDCal) returned a verdict of guilty against Judy Green on twenty-two counts of fraud, collusion, aiding and abetting, and conspiracy in connection with her participation in schemes to defraud the Federal Communications Commission's (FCC) e-rate subsidy program. See, Department of Justice (DOJ) release. The FCC's e-rate program was structured by the Congress, and is now administered by the FCC, in a manner that inspires wasteful and fraudulent use of subsidies.

9/11. The Federal Communications Commission (FCC) announced but later removed several items on the agenda of its event titled "Open Meeting" held on the night of September 11, 2007. It removed adoption of a Memorandum Opinion and Order (MO&O) regarding requests for forbearance, submitted by AT&T, Verizon and Qwest, pursuant to 47 U.S.C. § 160(c), from Title II and Computer Inquiry requirements with respect to certain broadband services. The relevant FCC proceedings are numbered WC Docket No. 06-125 and WC Docket No. 06-147. See, notice of removal [PDF]. FCC Commissioner Robert McDowell wrote in a statement about this that "In a perfect world, the Commission today would have taken another step forward to de-regulate segments of the telecommunications industry where sufficient competition has grown to obviate the need for further government involvement. Thus, I am disappointed that Qwest felt it had to withdraw its forbearance petition regarding enterprise broadband services." He added that "I remain hopeful that, in future proceedings, we will be successful in streamlining burdensome regulations on enterprise broadband services while continuing to protect consumers and promoting competition, as required by Congress."

9/11. The Federal Communications Commission (FCC) announced but later removed several items on the agenda of its event titled "Open Meeting" held on the night of September 11, 2007. It removed adoption of a Second R&O regarding Section 621(a)(1)'s directive that local franchising authorities not unreasonably refuse to award competitive franchises and the application of the FCC's findings in its First R&O to incumbent providers. The FCC adopted its First R&O and Further Notice of Proposed Rulemaking [109 pages in PDF] in this proceeding on December 20, 2006, and released it on March 5, 2007. See, stories titled "FCC Adopts Order Affecting Local Franchising Authorities" in TLJ Daily E-Mail Alert No. 1,510, December 27, 2006, and "FCC Releases Text of Video Franchising Order and Further NPRM" in TLJ Daily E-Mail Alert No. 1,548, March 7, 2007. This proceeding is titled "Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992" and numbered MB Docket No. 05-311. See, notice of removal [PDF].

9/11. The Federal Communications Commission (FCC) announced but later removed several items on the agenda of its event titled "Open Meeting" held on the night of September 11, 2007. It removed adoption of a Report and Order regarding rules governing the use of smaller antennas by Fixed Service operators in the 10.7 -- 11.7 GHz band. This proceeding is numbered WT Docket No. 07-54 and RM-11043. See, notice of removal [PDF].

9/17. President Bush nominated Michael Mukasey to be Attorney General of the United States. If confirmed by the Senate, he would replace former AG Alberto Gonzales, who resigned. See, transcript of President Bush's announcement.

President Bush reiterated that Gonzales is an "honorable and decent man" who "served with distinction".

Mukasey (at right) was previously a Judge of the U.S. District Court (SDNY), where he presided in numerous high profile terrorism related proceedings.

Leslie Harris, head of the Center for Democracy and Technology (CDT), stated in a release that "Before Congress confirms Michael Mukasey as Attorney General, he must promise to provide a detailed account of the administration's warrantless surveillance of Americans".

She added that "Releasing the information Congress needs to make informed decisions about the laws that safeguard innocent Americans' privacy rights -- and assuring Congress that he will not go outside the laws adopted by Congress -- are two things the new Attorney General needs to do to win the confidence of Congress and the American people."

Sen. Arlen Specter (R-PA) stated at a news conference that "It is my hope that the Judiciary Committee and the Senate will move promptly on the confirmation proceedings as to Judge Michael Mukasey."

He added that "It is my hope that we will not get bogged down in preconditions on his nomination with respect to certain pending requests which the committee has outstanding to the administration, such as the background documents on the determination for constitutionality of the Foreign Intelligence -- Terrorist Surveillance Program, or on the background materials on the issue of the resignations of the United States attorneys, or on the witnesses to come forward -- the White House personnel, where we have not had an opportunity to question them yet. But it is my hope that those issues will be separated."

Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), stated in a release that "The Judiciary Committee will approach consideration of the nomination of an Attorney General in a serious and deliberate fashion. The Administration took months determining that a change in leadership was needed at the Department of Justice and then the President spent several weeks before making a nomination. Our focus now will be on securing the relevant information we need so we can proceed to schedule fair and thorough hearings. Cooperation from the White House will be essential in determining that schedule. The next Attorney General needs to be someone who can begin the process of restoring the Department of Justice to its proper mission. I am hopeful that once we obtain the information we need and we have had the opportunity to consider the nomination, we will be able to make progress in this regard."

9/17. President Bush announced that Peter Keisler will be the acting Attorney General pending confirmation by the Senate of Michael Mukasey.

Solicitor General Paul Clement was previously designated to be the acting AG. However, Bush announced that Keisler will be the acting AG.

Keisler (at right) had previously announced that he would resign from his position as Assistant Attorney General in charge of the DOJ's Civil Division. See, story titled "Keisler to Resign from DOJ" in TLJ Daily E-Mail Alert No. 1,638, September 11, 2007.

The following is from the White House press office's transcript of President Bush's of September 17, 2007, regarding the Department of Justice (DOJ): "Until the Judge is confirmed, Assistant Attorney General Paul [sic] Keisler will serve as acting Attorney General. Accepting this assignment requires -- Peter -- I said -- Peter Keisler. Accepting this assignment requires Peter to delay the departure date he announced earlier this month, and I appreciate his willingness to do so. Peter is the acting Attorney General. Paul Clement, who agreed to take on this role, will remain focused on his duties as Solicitor General, so he can prepare for the Supreme Court term that begins just two weeks from today." (Brackets in original.)

There are numerous vacancies in key positions at the DOJ. The position of Deputy Attorney General (DAG) is vacant. Craig Morford is the acting DAG. The position of Associate Attorney General is vacant. Gregory Katsas is the acting Associate AG.

The position of AAG in charge of the Office of Legal Policy (OLP) is also vacant. The acting AAG since July has been Brett Gerry. The previous AAG, Rachel Brand, recently resigned. Other key units of the DOJ without permanent heads include the Civil Rights Division (CRD) and the Environment and Natural Resources Division.

However, the key crime and terrorism related offices have permanent heads. Robert Mueller remains Director of the Federal Bureau of Investigation (FBI), Karen Tandy remains Administrator of the Drug Enforcement Administration (DEA), Alice Fisher remains AAG for the Criminal Division, and Kenneth Wainstein remains AAG for the National Security Division (NSD).

9/17. Federal Communications Commission (FCC) Chairman Kevin Martin announced his intent to appoint Dana Shaffer to be Bureau Chief of the FCC's Wireline Competition Bureau. She will replace Tom Navin. See, FCC release [PDF].

9/10. The Senate confirmed William Osteen to be a Judge of the U.S. District Court (MDNC). See, Congressional Record, September 10, 2007, at Page S11353.

9/10. The Senate confirmed Martin Reidinger to be a Judge of the U.S. District Court (MDNC). See, Congressional Record, September 10, 2007, at Page S11353.

9/10. The Senate confirmed Janis Sammartino to be a Judge of the U.S. District Court (SDCal). See, Congressional Record, September 10, 2007, at Page S11353.

9/6. President Bush withdrew his nomination of Mary Donohue to be a Judge of the U.S. District Court (NDNY). See, Congressional Record, September 6, 2007, at Page S11239.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. It will consider several non-technology related items under suspension of the rules, and HR 1822, a housing bill, pursuant to a rule. See, Rep. Hoyer's calendar [PDF].

The Senate will meet at 10:00 AM for morning business. It will then begin consideration of HR 1124 [LOC | WW], a bill to extend the District of Columbia College Access Act of 1999.

9:15 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will hold a briefing, and release a report, titled "Stop the Presses: How Paper Trails Fail to Secure e-Voting". The speakers will be Rep. Vernon Ehlers (R-MI), Robert Atkinson (ITIF) and Daniel Castro (ITIF). See, notice. For more information, contact Daniel Castro at 202-626-5742 or dcastro at itif dot org. Location: ITIF, Suite 200, 1250 Eye St., NW.

8:30 AM - 5:30 PM. The Information Technology Association of America (ITAA) will host a one day conference titled "Legal Risk Management in the Web 2.0 World". It will address, among other topics, risks associated with social networking web sites and user posted content. For more information, contact Mark Uncapher at muncapher at itaa dot org. See, notice. Location: AED Conference Center, 1825 Conn. Ave., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Qwest Services Corp. v. FCC, App. Ct. No. 06-1274. Judges Sentelle, Tatel and Williams will preside. Location: Courtroom 22 Annex, Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 1:00 PM. The House Intelligence Committee (HIC) will hold a hearing on the Foreign Intelligence Surveillance Act (FISA). The witnesses will include Jim Dempsey (Center for Democracy and Technology), James Baker, and Kate Martin. See, notice. Location: Room 2157, Rayburn Building.

11:00 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 (Part II)". The witnesses will include Kenneth Wainstein, Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division (NSD), and Michael McConnell, the National Intelligence Director. The hearing will be webcast by the HJC. See, notice. Location: Room 2141, Rayburn Building.

11:45 AM. Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), will hold a news briefing at about 11:45 AM following a private meeting with Attorney General nominee Michael Mukasey. For more information, contact David Carle at 202-224-3693 or Tracy Schmaler at 202-224-2154. Location: Room 433, Russell Building.

11:45 AM. The Telecommunications Research and Action Center (TRAC) will host an event titled "Everett C. Parker Ethics in Telecommunications Lecture". See, notice. For more information, contact Jose Guzman at 202-263-2938 or jguzman at trac dot org. Location: National Press Club, 13th Floor, 529 14th St. NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee will host a brown bag lunch titled "Special Access". The speakers will be Robert Mayer (USTelecom), Colleen Boothby (Levine Blaszak), and Jonathan Nuechterlein (Wilmer Cutler). RSVP to Vicki Chedester at Victoria dot l dot chedester at verizon dot com or 202-515-2528. Location: Wiley Rein, 1776 K St., NW.

TIME? The Department of Commerce's (DOC) International Trade Administration (ITA) will host a closed meeting regarding identity management in electronic commerce. See, notice in the Federal Register, August 15, 2007, Vol. 72, No. 157, at Page 45731. Location: undisclosed.

REVISED SCHEDULE. Day two of a two day conference titled "Future of Music Policy Summit".
  • 9:00 - 9:30 AM. Sen. Ron Wyden (D-OR) will speak.
  • 2:30 - 3:00 PM. Peter Alyea (Digital Conversion Specialist, Library of Congress) will speak.
  • 3:15 - 4:30 PM. There will be a panel titled "Dealing with Out of Print andOrphan Works". The speakers will be Mario Bouchard (Copyright Board Canada), Peter Gutmann (Womble Carlyle), Walter McDonough (Future of Music Coaltion), Oliver Metzger (U.S. Copyright Office), and Michael Taft (Library of Congress).
See, conference web site. Location: Marvin Center, George Washington University, 21st Street between H and I Streets, NW.

Day two of a two day conference hosted by Law Seminars International titled "Spectrum Management". Location: Capitol Hilton.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [PDF] regarding E911 location requirements. This item is FCC 07-108 in PS Docket No. 07-114, CC Docket No. 94-102, and WC Docket No. 05-196. The FCC adopted this item on May 31, 2007, and released on it on June 1, 2007. See, notice in the Federal Register, June 20, 2007, Vol. 72, No. 118, at Pages 33948-33955. See also, story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

The House will meet at 10:00 AM for legislative business. It may consider HR 811 [LOC | WW], the "Voter Confidence and Increased Accessibility Act of 2007". This bill would mandate a "individual, durable, voter-verified paper ballot of the voter's vote that shall be created by or made available for inspection and verification by the voter before the voter's vote is cast and counted". See, Rep. Hoyer's calendar [PDF].

8:15 AM - 4:30 PM. The National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting. See, notice in the Federal Register, September 11, 2007, Vol. 72, No. 175, at Page 51802. Location: NIST, Administration Building, Lecture Room B, Gaithersburg, MD.

8:30 AM. There will be an event titled "Qualcomm Media Breakfast". For more information, contact Rob Vernon at 202-944-5150. Location: National Press Club, 13th Floor, 529 14th St., NW.

9:00 - 10:30 AM. The Center for American Progress (CAP) will host a panel discussion titled "Getting Surveillance Right -- Another Look at FISA". The speakers will be Rep. Jane Harman (D-CA), Greg Nojeim (Center for Democracy and Technology), Bruce Fein (Lichfield Group), and Mort Halperin (CAP). Breakfast will be served at 8:30 AM. RSVP to John Neurohr at 202-481-8182 or jneurohr at americanprogress dot org. Location: CAP, 10th floor, 1333 H St., NW.

9:00 AM - 12:15 PM and 1:30 - 4:30 PM. The Department of Homeland Security's (DHS) Data Privacy and Integrity Advisory Committee will meet. See, notice in the Federal Register, September 4, 2007, Vol. 72, No. 170, at Pages 50686-50687. Location: Gallery I and II Rooms, Hilton Arlington and Towers, 950 North Stafford St., Arlington, VA.

10:00 AM. Day one of a two day hearing of the House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection regarding trade with the People's Republic of China (PRC). The hearing will focus on lead tainted children's products imported from the PRC. This hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

RESCHEDULED FROM SEPTEMBER 11. 10:00 AM The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Issues in Emergency Communications: A Legislative Hearing on H.R. 3403, the 911 Modernization and Public Safety Act of 2007, and an Oversight Hearing of the Department of Homeland Security’s Office of Emergency Communications". The witnesses will be Jason Barbour (President of the National Emergency Number Association), Catherine Avgiris (Comcast), Robert Mayer (USTelecom), Christopher Putala (Earthlink), and Craig Donaldson (Intrado Inc.). This hearing will be webcast by the HCC. Location: Room 2322, Rayburn Building.

10:00 AM. The Federal Communications Commission's (FCC) Commercial Mobile Service Alert Advisory Committee will meet. See, FCC notice [2 pages in PDF]. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

11:00 AM - 12:15 PM. The Heritage Foundation will host an event titled "Growing a Civil Society in Hong Kong: New Problems, New Prospects - A Conversation with Alan Leong". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cable Practice and Young Lawyers Committees will host a brown bag lunch titled "Translating the Set Top Box Debate and Visualizing the Living Room of the Future". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: __?

Deadline to submit comments to the Copyright Royalty Judges regarding a motion for further distribution in connection with the 2003 cable royalty fund. See, notice in the Federal Register, August 20, 2007, Vol. 72, No. 160, at Pages 46516-46520.

The House will meet at 10:00 AM for legislative business. It may consider HR 811 [LOC | WW], the "Voter Confidence and Increased Accessibility Act of 2007". This bill would mandate a "individual, durable, voter-verified paper ballot of the voter's vote that shall be created by or made available for inspection and verification by the voter before the voter's vote is cast and counted". See, Rep. Hoyer's calendar [PDF].

TIME CHANGE. 10:00 AM. Day two of a two day hearing of the House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection regarding trade with the People's Republic of China (PRC). The hearing will focus on lead tainted children's products imported from the PRC. This hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda again 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 S 1267 [LOC | WW], the "Free Flow of Information Act of 2007". The agenda again 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.

5:15 PM. Deadlines to submit comments to the U.S. International Trade Commission (USITC) 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. For more information, contact Peg O'Laughlin at 202-205-1819.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Privacy in Today's Workplace". The speakers will be David Goldberg (AOL), Charles Henter (Davidson & Kitzmann), and Gerard Stegmaier (Wilson Sonsini Goodrich & Rosati). 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.

6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Welcome to the Bar Happy Hour". For more information, contact Amy Mushahwar at asmushahwar at hhlaw dot com), Chris Fedeli at chrisfedeli at dwt dot com, or Tarah Grant at tsgrant at hhlaw dot com. Location: Morton's Steakhouse, 1050 Connecticut Ave., NW.

Yom Kippur begins at sundown.

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

12:00 NOON - 1:30 PM. The DC Bar Association will host a program titled "50 Hot Technology Tips, Tricks & Web Sites for Lawyers". The speakers will be Reid Trautz. The price to attend ranges from $15 to $35. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice will host a brown bag lunch titled "Understanding Technical Basics Involved in FCC Regulation". The speakers will be Robert Kubik (Motorola) and Ira Keltz (FCC's Office of Engineering and Technology). For more information, contact Christy Hammond at chammond at wileyrein dot com or 202-719-7365. Location: Wiley Rein, 10th floor conference room, 1750 K St., NW.

EXTENDED TO OCTOBER 12. Deadline to submit reply 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 National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its Draft Special Publication 800-113 [85 pages in PDF] titled "Guide to SSL VPNs".

Deadline to submit to the Office of the United States Trade Representative (OUSTR) pre-hearing briefs and requests to appear at the GSP Subcommittee Public Hearing in connection with the 2007 Generalized System of Preferences (GSP) Annual Review. See, notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51264-51266.

Yom Kippur.

The Supreme Court will hold the opening conference of its October Term 2007.

12:00 NOON - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Proposed Free Trade Agreements with Peru, Panama, Colombia and Korea". The speakers will be Jamie Estrada (Deputy Assistant Secretary for Manufacturing at the Department of Commerce), Marc Lautenbach (IBM), John Zogby (pollster), and Robert Atkinson (ITIF). Lunch will be served. Location: Room B-354, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host a brown bag lunch titled "Why Privacy Matters to Your Company or Clients". For more information, contact Lisa Cordell at lcordell at fh-law dot com, Yaron Dori at YDori at HHLAW dot com, Ronnie London at ronnielondon at dwt dot com, or Jenell Trigg at strigg at lsl-law dot com. RSVP to Lisa Cordell at lcordell at fh-law dot com. Location: Hogan & Hartson, Litigation Center Moot Court Room (one level below the main lobby), 555 13th St., NW.

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