9/21. The Federal Communications Commission (FCC) issued a Notice of Apparent Liability [MS Word] to Comcast for cablecasting part of a "video new release" (VNR) without "sponsorship identification announcements". Comcast received no payment or other consideration. This, concluded the FCC, violates 47 C.F.R. 76.1615(a).

FCC Commissioner Jonathan Adelstein, who has long advocated FCC regulation of both the ownership and news content of media companies, praised this NAL in a release. He stated that this is the first time that the FCC has fined a media company for a cablecasting a VNR without identifying its source.

The fine is only $4,000. Nevertheless, this NAL may be significant for several reasons. First, it demonstrates that the FCC will take enforcement action against broadcasters and cablecasters for use of VNRs without source attribution and payment disclosure.

Second, it reads out of the rule the payment or consideration requirement for certain VNRs. The rule on its face is a disclosure of pay for play rule. That is, cablecasters must disclose payments received to play anything. This NAL announces an unattributed source rule. That is, cablecasters must disclose the source of information that they receive without payment, and that they cablecast, if it might be considered promotional.

Third, it reflects the FCC's confidence in the ability of government lawyers to improve the quality of broadcast and cable speech through rules, regulation and enforcement.

One element of a Section 76.1615(a) violation is that "money, service, or other valuable consideration is either directly or indirectly paid" to the cable company for the cablecast of the VNR or other information. However, the FCC's NAL states that there was no payment or other consideration in this case.

The NAL concludes that consideration was not required in this case because the cablecast "contains extensive images and mentions of the product". This conclusion does not follow from the language of the rule. Nevertheless, it is now the interpretation of the rule by the FCC.

76.1615(a) provides that "When a cable television system operator engaged in origination cablecasting presents any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such cable television system operator, the cable television system operator, at the time of the cablecast, shall announce that such matter is sponsored, paid for, or furnished, either in whole or in part, and by whom or on whose behalf such consideration was supplied: Provided, however, that ``service or other valuable consideration´´ shall not include any service or property furnished without or at a nominal charge for use on, or in connection with, a cablecast unless it is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an identification reasonably related to the use of such service or property on the broadcast."

The second sentence contains a qualification of the meaning of "consideration". This qualification then adds a further qualification, beginning with the word "unless". The FCC's interpretation is based upon the second part of the second sentence.

It wrote that while "the rule exempts service or property furnished without charge from the duty to announce the sponsor or source of such material, the exception to that proviso reinstates the duty when there is too much focus on a product or brand name in the programming." The FCC added that "We do not believe that this type of promotional material, furnished by a product manufacturer, can or should be considered within the scope of the proviso, which is directed to material that contains only fleeting or transient references to products or brand names."

The basic rule (sentence one) requires "consideration" for the disclosure requirement to apply. The qualification (first part of sentence two) provides that "consideration" does not include certain things. Then, the qualification to the qualification (second part of sentence two) provides that these things can constitute "consideration" if "furnished in consideration ..." The rule does not dispense with the consideration requirement in any fact scenario. The FCC's NAL identifies no consideration.

The rule requires that cable companies disclose in their cablecasts that they have received payment for cablecasting "any matter". The FCC's interpretation reads out of the rule the payment or other consideration requirement, whenever the information that is cablecast "contains extensive images and mentions of the product" and constitutes "promotional material, furnished by a product manufacturer".

The FCC relies upon 47 U.S.C. § 503 as statutory authority for Section 76.1615(a). The FCC rejected Comcast's argument that this statute applies to broadcast, but not cable.

Adelstein stated in a release that "I applaud the Media Bureau's decision to enforce our sponsorship identification rules, and to propose, for the first time, a forfeiture for the failure to disclose the sponsor of a video news release. Commission rules are clear: viewers have a right to know who is trying to persuade them so they can make up their own minds about what they are presented. I applaud Chairman Martin’s leadership, and look forward to quick action on the many other pending video news release complaints."

Adelstein stated in a speech [PDF] back on May 25, 2005, that compelling "disclosure of the source or sponsor of the information does not amount to government compelled speech, nor does it infringe First Amendment rights". See also, story titled "Adelstein Angles for More FCC Regulation of Speech" in TLJ Daily E-Mail Alert No. 1,143, May 26, 2007.

Center for Media and Democracy (CMD) and the Free Press filed a complaint [PDF] with the FCC on November 14, 2006. It alleged that "The widespread and undisclosed use of VNRs represents a serious, ongoing crisis in our broadcast news media."

The CMD stated in its web site after the FCC released its NAL that "The FCC's action against Comcast is precedent setting. It firmly rejects the public relations industry's argument that no disclosure is needed if television stations are not paid to air VNRs. Hopefully, the FCC will soon address" the many other "undisclosed VNR broadcasts".

9/20. The U.S. Attorneys Office (USAO) for the Central District of California announced in a release that a grand jury of the U.S. District Court (CDCal) returned an indictment that charges Melvyn I. Weiss with "participating in a scheme in which the firm paid millions of dollars in secret kickbacks to several individuals in exchange for them serving as named plaintiffs in more than 225 class-action and shareholder derivative-action lawsuits".

Milberg Weiss and many of its attorneys have long been involved in class action litigation against information technology and communications companies.

The USAO added that this is a second superseding indictment that "charges Milberg Weiss and Weiss with obstruction of justice and Weiss with making false statements in relation to documents that were the subject of a grand jury subpoena."

The USAO also stated that this superseding indictment charges the Milberg Weiss law firm, Weiss and Seymour Lazar (a paid class action plaintiff) with "one count of conspiring a) to obstruct justice, b) to make false declarations under oath in court proceedings, c) to travel in interstate commerce and use mail facilities to carry on commercial bribery, d) to commit mail and wire fraud, and e) to make illegal payments to a witness."

The USAO announced in a second release that "Steven G. Schulman, a former name partner in the law firm now known as Milberg Weiss, has agreed to plead guilty to a federal racketeering charge and acknowledge that he and others conspired to conceal from judges in federal courts Milberg Weiss’ secret payment arrangements with named plaintiffs in class-action lawsuits."

William S. Lerach, another former partner in a Milberg Weiss law firm, agreed to plead guilty to a conspiracy charge on September 18. The USAO stated in a third release that Lerach "was charged in a criminal information filed this morning in United States District Court with conspiring to obstruct justice and to make false statements under oath. In a plea agreement also filed this morning, Lerach agreed to plead guilty to the conspiracy charge, to forfeit $7.75 million to the government, to pay a $250,000 fine, and to accept a sentence ranging from one year to two years in federal prison."

Lerach announced his retirement last month. See, story titled "Lerach Retires" in TLJ Daily E-Mail Alert No. 1,631, August 30, 2007.

In July, David Bershad, another former partner of a Milberg Weiss law firm, agreed to plead guilty in a criminal action arising out of the payment of kickbacks to named plaintiffs in class action lawsuits. Moreover, Bershad agreed to cooperate with prosecutors. See, story titled "Bershad Agrees to Cooperate with Prosecutors" in TLJ Daily E-Mail Alert No. 1,607, July 9, 2007.

See also, story titled "Milberg Weiss Indicted for Paying Illegal Kickbacks to Class Action Plaintiffs" in TLJ Daily E-Mail Alert No. 1,375, May 22, 2006.

9/17. The Federal Communications Commission (FCC) filed its brief [107 pages in PDF] with the U.S. Court of Appeals (6thCir) in Alliance for Community Media v. FCC.

This is the consolidation of challenges to the FCC's video franchising rules, announced late last December, following the 109th Congress's failed attempts to enact broad telecommunications reform legislation that addressed video franchising.

The FCC adopted its Order and Further Notice of Proposed Rulemaking on December 20, 2006, and released the text [109 pages in PDF] on March 5, 2007.

For a summary of the order, see story titled "FCC Releases Text of Video Franchising Order and Further NPRM" in TLJ Daily E-Mail Alert No. 1,548, March 7, 2007. For summaries of the arguments of FCC Commissioners and affected entities, see stories titled "FCC Adopts Order Affecting Local Franchising Authorities", "Adelstein Opposes Franchising Order", and "Reaction to FCC Franchising Order" in TLJ Daily E-Mail Alert No. 1,510, December 27, 2006.

The telecommunications companies providing video services are the main industry beneficiaries of this rule.

The FCC's order applies only to competitive entrants. It does not extend to incumbent cable operators. They oppose the rule.

The order also diminishes the power of the local franchising authorities (LFAs). They too oppose the rule.

The FCC's brief argues that the FCC has statutory authority to enact its video franchising rules.

Statute. Section 621 of the Communications Act of 1934, as amended by the Cable Television Consumer Protection and Competition Act of 1992, is codified at 47 U.S.C. § 541.

Subsection (a)(1) provides that "A franchising authority may award, in accordance with the provisions of this subchapter, 1 or more franchises within its jurisdiction; except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision pursuant to the provisions of section 555 of this title for failure to comply with this subsection."

The framework provided by Section 621 is that the LFAs have authority over the franchising process, and that applicants for a second franchise who have been refused by the LFA have a right of appeal to the courts. This section contains no express grant of authority to the FCC to write rules, make findings, or give direction to the LFAs.

FCC Brief. The FCC wrote in its brief that "Congress has given the FCC broad rulemaking authority to implement all of the provisions of the Communications Act, including section 621(a)(1). The Commission properly exercised that authority in this proceeding."

The FCC also offered an explanation of the purpose of the rules. It wrote that "For many years, incumbent cable operators dominated the market for cable television service. Consumers who wanted cable service typically had no choice but to purchase it from the lone cable company that served their franchise area. Without any competition to discipline the cable industry, cable rates rose dramatically."

"After receiving numerous complaints from dissatisfied cable subscribers, Congress moved to open the cable market to competition. Among other things, in 1992, it amended section 621(a)(1) of the Communications Act to prohibit cable franchising authorities from ``unreasonably refus[ing] to award´´ additional franchises", wrote the FCC.

It continued that "More than a decade later, the promise of cable competition remained unrealized for most Americans. The FCC - the agency that Congress entrusted with implementing the Communications Act -- was justifiably concerned about the sluggish development of cable competition. It initiated a proceeding to determine whether the operation of the franchising process was unreasonably impeding entry."

The FCC argued that "On the basis of the record compiled in this proceeding, the Commission found that the operation of the franchising process was stunting the growth of the competition in two ways. First, excessive delays in processing franchise applications had unnecessarily postponed -- or even derailed -- the onset of competition in many communities. Second prospective competitors could not obtain franchises without according the LFAs' unreasonable demands regarding build-out, franchise fees, PEG support, and the regulation of non-cable services. In the Commission's considered judgment, these unwarranted delays and unreasonable demands had caused violations of the statutory ban on unreasonable refusals to award competitive franchises set forth in section 621(a)(1). To ensure more effective enforcement of that ban, and to bring long-overdue cable competition to communities throughout the nation, the Commission reasonably adopted rules to implement section 621(a)(1)."

NCTA Brief. The National Cable & Telecommunications Association (NCTA) wrote in its July 18, 2007, brief  [very slow PDF download] that the FCC "has used Section 621(a)(1) to create a two-tiered regulatory framework, ruling that certain local franchising requirements and processes are -- or were -- permissible when applied to existing cable operators but are unreasonable and impermissible when applied to additional franchise applicants. It has not authority to do so."

"As a threshold matter", wrote the NCTA, the FCC "has no authority at all to implement or enforce the provisions of Section 621(a)(1). Congress specifically assigned to federal and state courts the task of determining, pursuant to Section 635, whether, in particular circumstances, there has been a "failure to comply with this subsection." 47 U.S.C. S 541(a)(1). ... Where Congress specifically has delegated enforcement responsibility to the courts, the FCC may not assert jurisdiction."

"Even if the FCC did have some general authority to implement Section 621(a)(1), that authority extends only to determining whether a particular franchise denial is or is not unreasonable, and not to identifying requirement that, if insisted upon by a franchising authority, would be unreasonable."

The NCTA also faulted the FCC's "decision to make its rulings applicable only to the franchising regulations and requirements of local governments and not to the laws, regulations and actions of state governments."

Finally, it wrote that while the FCC "does have general authority to interpret and enforce other provisions of the Communications Act where there is no such specific allocation of jurisdiction elsewhere -- such as the franchise fee provisions of Section 622 and the PEG access provisions of Section 611 -- those provisions apply generally to all cable operators. Therefore, the Commission's interpretations of those provisions in the Section 621 Order should apply immediately to all operators", that is, not only to new franchise applicants, but also to existing providers."

Case Information. This case is Alliance for Community Media, et al. v. FCC and USA, App. Ct. No. 07-3391, consolidated petitions for review of a final order of the FCC.

The item under review is FCC 06-180 in MB Docket 05-311. 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".

The FCC adopted a Notice of Proposed Rulemaking (NPRM) [26 pages in PDF] on November 3, 2005. The FCC released the text of this NPRM on November 18, 2005. It is FCC 05-189. See also, story titled "FCC Adopts NPRM Regarding Local Franchising of Video Services" in TLJ Daily E-Mail Alert No. 1,247, November 4, 2005.

9/20. The Senate Finance Committee (SFC) approved in a mock mark up, S __, a bill to implement the U.S.-Peru trade promotion agreement, by a vote of 18-3.

The US and Peru have negotiated a free trade agreement (FTA). Like FTAs with Korea, Panama, and Columbia, the Congress has not yet approved the FTA with Peru. See, text of the FTA, and especially its sections pertaining to telecommunications [PDF], electronic commerce [PDF], and intellectual property rights [PDF].

This implementing bill approves the Peru free trade agreement and establishes the necessary conditions for its entry into force. Sen. Max Baucus (D-MT), the Chairman of the SFC, wrote in his opening statement [PDF] that "With the U.S.-Peru Trade Promotion Agreement, Congress can turn a new page on trade. The Committee considered an earlier version of the agreement in July of last year. The Committee ultimately approved that version. But it did so by a closely-divided vote. We have worked since then to build support. We worked with the administration to address the issues that troubled many Senators last year. And we succeeded. The revised agreement includes historic new labor and environmental provisions."

Sen. Charles Grassley (R-IA), the ranking Republican on the SFC, reviewed the history of this bill. He said that "This is the second time that the Committee has engaged in informal consideration of proposed implementing legislation for our trade agreement with Peru. The first was on July 27, 2006. However, Congress did not enact implementing legislation for our trade agreement with Peru last year. This year, the Democrats demanded additional provisions in our trade agreements before they would agree to implement them. After lengthy negotiations, the Administration agreed to a compromise that the House Democratic leadership announced with much fanfare on May 10th. Our trade agreement with Peru was then renegotiated to reflect this compromise. I have accepted the May 10th compromise because, even with those changes, I believe it remains in our national interest to implement these agreements. Our agreement with Peru is a strong trade agreement that deserves the support of this Committee and the Congress."

Susan Schwab stated in a release that "I am delighted by this overwhelming, bipartisan vote in the Senate Finance Committee for the Peru Trade Promotion Agreement. This is the first vote on a free trade agreement since the Administration and Congress agreed on a path for the consideration of four pending free trade agreements last May. The vote shows the Administration and Congress can do the right thing - not only for American farmers, ranchers, manufacturers and service providers - but also for the sake of strengthening America’s ties with key allies. I welcome and look forward to continued bipartisanship in the pursuit of a market-opening, pro-growth trade policy for the American people."

The House Ways and Means Committee (HWMC) is scheduled to meet to mark up HR __, a bill to implement the US-Peru trade promotion agreement, at 10:30 AM on Tuesday, September 25, 2007. See, HWMC's notice and section by section summary [PDF] of bill.

9/24. Michael Jackson, Deputy Secretary for the Department of Homeland Security (DHS), announced his resignation, effective October 26, 2007. See also, statement by Secretary Michael Chertoff.

9/24. Thomas Lenard resigned from his position as acting President of the Progress & Freedom Foundation (PFF), and Garland McCoy resigned from his position as PFF VP for Development. The PFF stated in a release that it has "initiated a formal search process for its next president".

9/20. David McGuire, Director of Communications (DC) for the Center for Democracy & Technology (CDT), will depart on October 9, 2007. He will work for 463 Communications. The CDT is searching for a new DC. See, job listing.

9/21. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in Kay v. Ranchos Palos Verdes, a case regarding local regulation of wireless operations, and 47 U.S.C. § 332. James Kay operated antennas inside his home, and on the roof of his house, for commercial purposes, against the government of the city in which he resides. This case is James Kay, et al. v. City of Ranchos Palos Verdes, et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-56149, an appeal from the U.S. District Court for the Central District of California, D.C. No. CV-02-03922-DSF, Judge Dale Fischer presiding.

9/21. The Securities and Exchange Commission (SEC) announced in a release on September 20, 2007, that participation in its voluntary interactive data filing program is up to 40 companies. The SEC began the program in April of 2005. See also, the SEC's interactive data web page. The SEC also announced in a release on September 21, 2007, that it has made available for free download the source code for the Interactive Financial Report Viewer, which enables investors to analyze companies' interactive data filings. The License Agreement provides that the SEC grants a "world-wide, royalty-free, non-exclusive license to use, reproduce, modify, create derivative works from, display, perform, sublicense, distribute, make, have made, use, practice, modify, sell, offer for sale, or otherwise dispose of all or any part of the Viewer Source Code". It further provides that "Any modifications that Licensee may make to the Viewer Source Code shall be subject to this License Agreement". The SEC added that it will participate in a news conference in New York City with XBRL US and others on Tuesday, September 25, 2007, to announce "a major breakthrough". Also, XBRL International will hold a conference on December 3-6, 2007, in Vancouver, British Columbia, Canada. SEC Chairman Chris Cox will be a speaker. See, notice.

9/21. The Government Accountability Office (GAO) wrote a letter [7 pages in PDF] to Sen. Joe Lieberman (D-CT) and Sen. Susan Collins (R-ME), the Chairman and ranking Republican on the Senate Homeland Security and Governmental Affairs Committee, regarding sale by government agencies of their used magnetic tapes. The letter states that the National Institute of Standards and Technology (NIST) "has issued guidelines that instruct agencies to properly sanitize magnetic tapes with certain kinds of sensitive data before they leave agency control." The letter also states that GAO acquired and tested some tapes sold by government agencies, and that the GAO "could not find any comprehensible data on any of the tapes using standard commercially available equipment and data recovery techniques, specialized diagnostic equipment, custom programming, or forensic analysis".

9/20. Rep. John Conyers (D-MI), the Chairman of the House Judiciary Committee (HJC), released a statement regarding ownership of media by minorities. He stated that "It is unacceptable for the FCC to move ahead with plans to allow for more media consolidation without first addressing how to increase minority ownership. People of color own just 3 percent of all local TV stations and 8 percent of radio stations. This is shameful since people of color make up more than a third of the U.S. population. The FCC must first address the issue of minority ownership before moving forward with any new rule changes that would allow further media consolidation. I support Commissioner Jonathan Adelstein’s call for the FCC to create an independent task force to examine ways to increase minority ownership."

9/20. The Federal Communications Commission (FCC) held an event in Chicago, Illinois, regarding government regulation of the ownership of media. See, statement [PDF] by Chairman Kevin Martin, statement [PDF] by Commissioner Robert McDowell, statement [PDF] by Commissioner Deborah Tate, statement [PDF] by Commissioner Michael Copps, and statement [PDF] by Commissioner Jonathan Adelstein.

9/17. The U.S. Court of Appeals (5thCir) issued its divided opinion [77 pages in PDF] in Texas v. USA, a case regarding 11th Amendment immunity as announced in Seminole Tribe, judicial deference to federal agencies as announced in Chevron, and a conflict between the federal government, the state of Texas, and an Indian tribe over regulation of Indian gambling. There is a 42 page opinion by Judge Edith Jones, a short concurrence by Judge King, and a 23 page dissent by Judge Dennis. This case is Texas v. USA, et al., U.S. Court of Appeals for the 5th Circuit, App. Ct. No. 05-50754, an appeal from the U.S. District Court for the Western District of Texas.

The House will meet at 9:00 AM for morning hour and at 10:00 AM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's calendar [PDF].

The Senate will meet at 10:00 AM. It will resume consideration of HR 1585 [LOC | WW], the Department of Defense authorization bill.

8:30 AM - 1:00 PM. The American Enterprise Institute (AEI) will host an event titled "Biotechnology and the Patent System: The Economic Implications of the Proposed Patent Reform Act of 2007". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

8:30 AM - 12:00 PM. The American Society of Access Professionals (ASAP) will host a one half day conference titled "Opening the Door on Privacy Issues". The topics to be addressed include "Social Security Numbers: Can the Government Operate Without the Use of SSNs?", "Federal Information Security: Safeguarding, Reporting, and Training", and "Identity Theft and Sharing Information in Today’s Security Conscious Environment". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

8:30 AM - 4:30 PM. Day two of a two day conference titled "A Roadmap to REAL ID Compliance and Inter-State Collaboration". See, conference web site. Location: Renaissance Hotel 999 9th St., NW.

9:00 AM - 1:00 PM. The National Telecommunications and Information Administration (NTIA) will hold a public meeting regarding its Digital-to-Analog Converter Box Coupon Program. See, NTIA notice, and notice in the Federal Register, July 20, 2007, Vol. 72, No. 139, at Page 39799. Location: Department of Commerce, Auditorium, 1401 Constitution Ave., NW.

TIME AND AGENDA CHANGE. 9:30 AM - 11:15 PM. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) will host an event titled "Summit on Communications Network Surge Management in Emergencies". See, notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:30 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Strengthening FISA: Does the Protect America Act Protect Americans' Civil Liberties and Enhance Security?" The witnesses will be Michael McConnell (Director of National Intelligence), James Baker (Harvard Law School, and previously Counsel for Intelligence Policy, Department of Justice), James Dempsey (Center for Democracy and Technology), Suzanne Spaulding (Bingham Consulting Group), and Bryan Cunningham (Morgan & Cunningham). See, notice. Location: Room 216, Hart Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "From Imus to Industry: The Business of Stereotypes and Degrading Images". The hearing will be webcast by the HJC. Location: Room 2123, Rayburn Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution, Civil Rights and Civil Liberties will hold a hearing titled "Oversight Hearing on the Employment Section of the Civil Rights Division of the U.S. Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Ways and Means Committee will meet to mark up HR __, a bill to implement the US-Peru trade promotion agreement. See, notice. Location: Room 1100, Longworth Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "Digital Music and Practice Before the Copyright Royalty Board". The speakers will be Jacqueline Charlesworth (National Music Publishers' Association), Michael Huppe (SoundExchange, Inc.), David Oxenford (Davis Wright Tremaine), Steven Englund (Jenner & Block), and Lee Knife (Digital Media Association). The price to attend ranges from $10 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) FCC Enforcement Practice Committee will host a brown bag lunch. It will be a "Kick Off meeting for Enforcement Committee Members". RSVP to Kerry Loughney at kerry at fcba dot org. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

12:30 PM - 4:30 PM. The American Society of Access Professionals (ASAP) will host a one half day conference titled "Spotlight on National Security Issues". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

1:00 - 3:00 PM. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed hearing titled "Digital Globe". Location: Room H-405, Capitol Building.

1:00 - 4:00 PM. The Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee (ITSPAC) will meet. See, DOT's ITS web page, and notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Page 51290. Location: Conference Room 7, lobby level, West Building, DOT, 1200 New Jersey Ave., SE.

1:00 PM. The House Judiciary Committee's (HJC) Antitrust Task Force will hold a hearing titled "Oversight Hearing of the Antitrust Agencies: Department of Justice Antitrust Division and Federal Trade Commission Bureau of Competition". See, notice. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on nominations of John Tinder (to be a Judge of the U.S. Court of Appeals for the 7th Circuit) and Robert Dow (to be a Judge of the U.S. District Court for the Northern District of Illinois). See, notice. Location: Room 226, Dirksen Building.

3:00 - 4:30 PM. The New America Foundation will host a book presentation by Amy Zeigart, author of the book titled Spying Blind: the CIA, the FBI, and the Origins of 9/11. See, notice. Location: NAF, 7th Floor, 1630 Connecticut Ave., NW.

TIME?. The U.S.-China Economic and Security Review Commission (USCC) will hold a hearing. Location?

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

8:00 AM - 4:15 PM. The Federal Communications Commission (FCC) will host a day long event titled "Digital Television Consumer Education Workshop". See, FCC release. Location: FCC, 445 12th St., SW.

8:00 - 9:30 AM. The Federal Communications Bar Association's (FCBA) and the Northern Virginia Technology Council (NVTC) will host an event titled "Digital Media and Emerging Legal Challenges". The speakers will include Lauren Van Wazer (Cox Enterprises), David Gardy (TV Worldwide), Raj Sharma (3CLogic), Thomas Sydnor (Progress & Freedom Foundation), and Kurt Wimmer (General Counsel of Gannett). See, notice. Prices vary. Location: Ritz-Carlton, 1700 Tysons Boulevard, McLean, VA.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Meeting the Need for Interoperability and Information Security in Health IT". The hearing will be webcast by the HSC. For more information, all 202-225-6375. Location: Room 2318, Rayburn Building.

12:00 NOON - 2:00 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How Will the New CFIUS Reform Legislation Affect FDI in the US?". The speakers will be Nova Daly (Deputy Assistant Secretary for Investment Security, Department of Treasury), Joseph Dennin (McKenna Long & Aldridge), Jamie Gorelick (Wilmer Hale), Scott Morris (House Committee on Financial Services), and Linda Menghetti (Emergency Committee for American Trade). The price to attend ranges from $0 to $30. For more information, call 202-626-3463. See, notice. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

1:00 PM. The National Science Foundation (NSF) will host a lecture by Hsinchun Chen (University of Arizona) titled "Using Computational Science and the Dark Web to Snag Terrorists Online". See also, NSF's Dark Web web page. For more information, contact Dana Cruikshank at 703-292-7738 or dcruiksh at nsf dot gov. Location: NSF, Arlington, VA.

Day one of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

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

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of S 1267 [LOC | WW], the "Free Flow of Information Act of 2007", S 2035, [LOC | WW], also titled the "Free Flow of Information Act of 2007", and S 980, [LOC | WW] the "Online Pharmacy Consumer Protection Act of 2007". 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 - 12:00 NOON. The House Intelligence Committee's (HIC) Subcommittee on Technical and Tactical Intelligence will hold a closed hearing titled "The Boeing Company". Location: Room H-405, Capitol Building.

10:00 AM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, July 26, 2007, Vol. 72, No. 143, at Pages 41074-41075. Location: FCC, Room TW-C305, Commission Meeting Room, 445 12th St., SW.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Cyberspace Practice and Wireless Telecom Practice Committees will host a lunch titled "700 MHz Auction: Will the Reality Match the Hype?". The speakers will be Christopher Guttman-McCabe (CTIA - Wireless Association), Harlin McEwen (International Association of Chiefs of Police), Janice Obuchowski (Frontline Wireless), and Richard Whitt (Google). The price to attend is $15. Reservations and cancellations are due by 12:00 NOON on September 25. See, registration form [PDF]. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT), National Catholic Educational Association (NCEA), and National Association of Independent Schools (NAIS) will hold a brown bag lunch titled "How Broadband is Changing Educational Institutions and the Lives of Those Who Use Them". RSVP to apt at apt dot org. Location: 10th Floor, 919 18th St., NW.

1:00 PM. The House Judiciary Committee (HJC) will hold a hearing on HR 2128 [LOC | WW], the "Sunshine in the Courtroom Act of 2007", a bill to allow a presiding judge to permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over. Location: Room 2141, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "An Examination of the Google DoubleClick Merger and the Online Advertising Industry: What Are the Risks for Competition and Privacy?" Sen. Herb Kohl (D-WI) will preside. See, notice. Location: Room 226, Dirksen Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. See, notice in the Federal Register, December 29, 2006, Vol. 71, No. 250, at Page 78451.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up bills, including S 1453 [LOC | WW], the "Internet Tax Freedom Act (ITFA) Extension Act of 2007", and S 1965 [LOC | WW], the "Protecting Children in the 21st Century Act", a bill pertaining to child pornography and online predation. See, notice. Location: Room 253, Russell Building.

3:00 - 5:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, FCC Public Notice (DA 07-3842) and notice in the Federal Register, September 11, 2007, Vol. 72, No. 175, at Page 51814. Location: FCC, Room 3-B516, 445 12th St., SW.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). The OUSTR will consider, among other things, intellectual property rights (IPR) and IPR enforcement. The hearing may also be continued on September 28. See, notice in the Federal Register, July 25, 2007, Vol. 72, No. 142, at Pages 40905-40906. Location: Room 1, 1724 F St., NW.

Day two of a two day event hosted by the American Society of Access Professionals (ASAP) titled "Annual Symposium and Training Conference". Location: Ronald Reagan and International Trade Center, 1300 Pennsylvania Avenue, NW.

Deadline to submit comments to the Department of Transportation's (DOT) Research and Innovative Technology Administration (RITA) regarding the Nationwide Differential Global Positioning System (NDGPS) Program. See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42219-42220.

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

8:30 AM - 5:00 PM. The DC Bar Association will host a program titled "Feist, Facts, and Functions: IP Protection for Works Beyond Entertainment". The price to attend ranges from $25 to $50. For more information, call 202-289-7442. See, notice. Location: Cosmos Club, 2121 Massachusetts Ave., NW.

12:15 - 2:00 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: Willkie Farr & Gallagher, Suite 200, 1875 K St., NW.

1:30 - 3:30 PM. The American Enterprise Institute (AEI) will host another panel discussion titled "Is Sarbanes-Oxley Impairing Corporate Risk-Taking?". The speakers will be Peter Wallison (AEI), Katherine Litvak (University of Texas at Austin School of Law), Henry Butler (Northwestern University), and Richard Geddes (Cornell University). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

4:00 PM. Abdoulaye Wade, President of Senegal, will give a speech titled "I Don't Want Money. I Want Trade Agreements". See, notice. Location: Cato Institute, 1000 Massachusetts Ave., NW.

Effective date of the U.S. Patent and Trademark Office's (USPTO) final rule adjusting certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 46899-46903.

9:30 AM - 3:40 PM. The American Enterprise Institute (AEI) will host a conference titled "Women and Science". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the operation of, and continued necessity for, the cable and satellite statutory licenses under the Copyright Act. See, original notice in the Federal Register, April 16, 2007, Vol. 72, No. 72, at Pages 19039-19055; technical correction notice in the Federal Register, April 24, 2007, Vol. 72, No. 78, at Page 20374; and notice of extension in the Federal Register, June 19, 2007, Vol. 72, No. 117, at Pages 33776-33777.

Deadline to submit comments to the Department of Transportation's (DOT) Research and Innovative Technology Administration (RITA) regarding user needs and systems requirements of the terrestrial component of the Nationwide Differential Global Positioning System (NDGPS). See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42219-42220.

Deadline to submit applications to the Federal Communications Commission (FCC) for the renewal of state telecommunications relay services (TRS) program certification. See, notice in the Federal Register, July 18, 2007, Vol. 72, No. 137, at Pages 39423-39424.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding planning consumer understanding of the transition to digital television. This NPRM is FCC 07-128 in MB Docket No. 07-148. See, notice in the Federal Register, August 16, 2007, Vol. 72, No. 158, at Pages 46014-46020.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding ten studies related to government regulation of media ownership. See, FCC Public Notice [4 pages in PDF], which is DA 07-3470 in MB Docket Nos. 06-121 and 02-277, and MM Docket Nos. 01-235, 01-317, and 00-244. See also, notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding various proposals to promote minority and female ownership in the media industry. See, notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44457-44466.

Deadline to submit comments to the Federal Bureau of Investigation (FBI) regarding proposed changes to the system of records maintained by the FBI's Terrorist Screening Center (TSC) titled Terrorist Screening Records System (TSRC). See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 47073-47079, and story titled "FBI Announces Changes to Terrorist Screening Records System" in TLJ Daily E-Mail Alert No. 1,627, August 23, 2007.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a panel discussion titled "Private Equity Panel". The speakers will be William Kennard (The Carlyle Group), Julie Richardson (Providence Equity Partners), Jamie Rubin (One Equity Partners), and Tom Wheeler (Core Capital Partners). Blair Levin (Stifel Nicolaus) will moderate. The doors will open at 11:30 AM. Lunch will be served at 12:00 NOON. Prices vary. See, registration form [PDF]. Registrations and cancellations are due by 5:00 PM on September 27. Location: Mayflower Hotel, 1127 Connecticut Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "The Copyright Office Speaks". The speakers will be Marybeth Peters, Register of Copyrights. The price to attend ranges from $25 to $40. For more information, call 202-626-3463. See, notice. Location: Caucus Room, 401 9th St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) Mass Media Practice Committee will host a continuing legal education (CLE) seminar titled "Buying and Selling Political Time in a Hot Election Season". The speakers will be Bobby Baker (FCC), Hope Cooper (FCC), Kyle Roberts (Smart Media), and Kyle Osterhout (Media Strategies). Prices vary. Registrations and cancellations are due by 5:00 PM on September 28. See, registration form [PDF]. Location: Dow Lohnes, Suite 800, 1200 New Hampshire Ave., NW.

Day one of a two day conference hosted by the U.S. Chamber of Commerce's Coalition Against Counterfeiting and Piracy (CACP) titled "4th Annual U.S. Chamber of Commerce Anti-Counterfeiting and Piracy Summit". See, notice. Prices vary. 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 Securities and Exchange Commission (SEC) regarding its proposed rules changes concerning shareholder proposals and electronic shareholder communications. See, notice in the Federal Register, August 3, 2007, Vol. 72, No. 149, at Pages 43465-43488.

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