Tech Law Journal Daily E-Mail Alert
Monday, October 22, 2007, Alert No. 1,659.
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Rep. Allen and Rep. Michaud Introduce Broadband Data Bill

10/18. Rep. Thomas Allen (D-ME) and Rep. Michael Michaud (D-ME) introduced HR 3893 [LOC | WW], the "Connect America Now Act", a bill that would create a federal grant program for the study of broadband deployment.

The bill would create a program titled "State Broadband Data and Development Grant Program". It would be administered by the Department of Commerce (DOC), not the Federal Communications Commission (FCC).

It would provide grants "for the development, implementation and support of statewide initiatives to identify and track the availability and adoption of broadband services within each State".

Grant money would be used "to provide a baseline assessment of broadband service deployment in each State", "to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services", and "to create within each State a geographic inventory map of broadband service, which shall (A) identify gaps in such service through a method of geographic information system mapping of service availability at the census block level; and (B) provide a baseline assessment of statewide broadband deployment in terms of households with high-speed availability".

The bill further provides that funding could be used "to establish programs to improve computer ownership and Internet access for unserved and underserved populations".

The bill would authorize the appropriation of $40 Million for each of fiscal years 2008 through 2012.

The bill was referred to the House Commerce Committee (HCC).

House Bill Would Require Schools Receiving E-Rate Subsidies to Train Kids in Appropriate Online Behavior

10/17. Rep. Brad Ellsworth (D-IN) introduced HR 3871 [LOC | WW], the "e-Keep the Internet Decent and Safe Act of 2007" or "e-KIDS Act of 2007", a bill to require schools that receive e-rate subsidies to instruct children about "appropriate online behavior" in social networking web sites, and with respect to "cyberbulling".

This bill would amend 47 U.S.C. § 254(h)(5)(B). Section 254 pertains to Federal Communications Commission (FCC) administered universal service tax and subsidy programs. Subsection 254(h)(5) imposes obligations upon schools that receive e-rate subsidies.

Subsection 254(h)(5)(b) already requires schools receiving e-rate subsidies to certify that they are enforcing "a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are (A) obscene; (B) child pornography; or (C) harmful to minors", and that they are "enforcing the operation of such technology protection measure during any use of such computers by minors".

HR 3871 would add an additional requirement. Schools receiving e-rate subsidies must also certify that they are "educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response".

This requirement would not apply to use of internet access at schools by adults. This requirement would not apply to libraries that receive e-rate subsidies. This requirement would not apply to schools that are not subsidized by the e-rate program.

The bill was referred to the House Commerce Committee (HCC).

More House Bills

10/16. Rep. Steve Cohen (D-TN), Rep. John Conyers (D-MI), and Rep. Linda Sanchez (D-CA) introduced HR 3848 [LOC | WW], the "Security from Political Interference in Justice Act of 2007". This bill would attempt to limit White House staff communications with employees of the DOJ regarding any "ongoing investigation" by the DOJ, by requiring the DOJ and White House Counsel to disclose such communications in reports to the House Judiciary Committee (HJC) and the Senate Judiciary Committee (SJC). This bill is different from, but related to, S 1845 [LOC | WW]. See also, story titled "Sen. Whitehouse and Sen. Leahy Sponsor Bill to Limit Contacts Between White House and DOJ" in TLJ Daily E-Mail Alert No. 1,632, August 31, 2007. The bill was referred to the HJC. All of the original sponsors are members.

10/16. Rep. Al Wynn (D-MD) and Rep. G.K. Butterfield (D-NC) introduced HR 3862 [LOC | WW], the "Preparing America's Seniors for the Digital Transition Act of 2007", a bill to "improve public awareness in the United States among older individuals and their families and caregivers about the impending Digital Television Transition through the establishment of a Federal interagency taskforce between the Federal Communications Commission, the Administration on Aging, the National Telecommunications and Information Administration, and the outside advice of appropriate members of the aging network and industry groups". It was referred to the House Commerce Committee.

ITIF Paper Summarizes Broadband Policy Debate

10/19. The Information Technology and Innovation Foundation (ITIF) released a paper [PDF] titled "The Role of Competition in a National Broadband Policy". The author is Robert Atkinson, head of the ITIF.

He wrote that "broadband displays natural monopoly or duopoly characteristics. Because of the nature of the broadband industry, there are significant tradeoffs between more competition and goals of efficiency, innovation, low prices, and higher speeds and broader deployment." He argued that while most participants in the current debate advocate competition, "competition is not an end in itself but rather a means by which the economic system produces the benefits citizens desire."

Robert AtkinsonAtkinson (at right) wrote that there are two views of competition, the "engineers' view" and the "economists' view".

The engineer's view is that "It is expensive to build a standard broadband network to homes, and even more expensive to build a high performance one with large data capacity (e.g., fiber optic). Given these economics and since Internet protocol networks are just transmitting bits from applications that reside outside the network, why not just build one network?" (Parentheses in original.)

Thus, "broadband networks are a natural monopoly; hence, encouraging the deployment of more than one will lead to a waste of societal resources."

In contrast, wrote Atkinson, the economists' view is that "competition brings important consumer benefits by forcing companies to cut costs, improve service, and reduce ``excessive´´ profits. Without competition, companies get lazy, limit their innovation, provide poor service, and reap monopoly profits."

"Both engineers and economists bring important perspectives to the issue, and ignoring either set will lead us to the wrong policy conclusions." He continued that "The issue, then, becomes one of how to attain the right balance between the cost-efficiency of fewer networks and the competitive benefits of more networks."

He also stated that there are currently four policy options:

  • keep the same number of pipes -- two;
  • spur the deployment of more pipes;
  • force incumbents to open up existing pipes to competitors -- by mandating unbundling; or
  • regulate duopoly pipes.

As for two pipes, he wrote that now, "cable and telco broadband providers are competing quite intensely to gain new customers", and this "appears to compensate for the fact that the market is largely a duopoly." But what happens when "most households have adopted broadband?" It may be difficult to switch providers, so "broadband providers may be able to exercise more market power."

As for deploying more pipes, Atkinson argued that "The right policy regarding more broadband pipes is: ``Enable, but don’t promote.´´"

With respect to unbundling proposals, he concluded that "unbundling or open pipes is not a transitional model to get to facilities-based competition."

"Unbundling has both benefits and costs. First, on the plus side, unbundling is a relatively quick way to get competition." However, "On the negative side, though, unbundling reduces incentives of incumbents to invest in larger pipes. If the incumbent has to resell the pipe, particularly at very low prices, where is the incentive to invest a large amount of capital in a better pipe (e.g., fiber)?" (Parentheses in original.)

As for the fourth option, regulation, he argued that it "has the advantage of limiting any current or potential abuse of market power", but that it "can also reduce incentives for investment". He added that two alternative methods of regulation are regulating prices, and "antitrust and consumer protection rules".

Atkinson advised that "Although each policy track will achieve some benefits, each also brings with it costs and risks. Policymakers need to balance the desire for more competition to enhance consumer welfare in the broadband realm with the need for the most efficient broadband industry structure."

PFF Paper Equates Fairness Doctrine with Net Neutrality

10/19. The Progress & Freedom Foundation (PFF) published a short paper [3 pages in PDF] in its web site titled "Net Neutrality: A Fairness Doctrine for the Internet". The author is the PFF's Adam Thierer.

He opposed both the Federal Communications Commission's (FCC) repealed fairness doctrine, which regulated broadcast speech, and current network neutrality proposals, which would regulate internet access providers. Thierer argued that both are advanced by similar persons for similar reasons.

Adam ThiererThierer (at right) wrote that "Proponents of net neutrality use the same kind of fantastic rhetoric to describe it that they once used for the Fairness Doctrine: it's a way to ``save the Internet´´ from ``media barons,´´ they say, who're apparently hell-bent on controlling all our thoughts and activities."

He continued that "It’s a brilliant tactic by the Left. Why exert all your energy attempting to reimpose ``fairness´´ mandates on broadcasters alone when you can capture them, and much more, by regulating the entire Internet?"

"So the liberals got smart and came up with the perfect solution: use net neutrality as a backdoor way to reimpose the Fairness Doctrine on the entire media marketplace."

House Republicans Seek Vote on FCC Fairness Doctrine Bill

10/18. House Republicans, who are in the minority in the House, are seeking to compel a vote on HR 2905 [LOC | WW], the "Broadcaster Freedom Act", by introducing, and soliciting signatures for, a discharge petition.

Rep. Mike Pence (R-IN), who was a talk radio host before being elected to the House in 2000, is leading the effort.

He stated in the House on Thursday, October 18, 2007, that "This summer, some of the most powerful Members of Congress, the House and the Senate, advocated a return of censorship to the airwaves of America in the form of the so-called Fairness Doctrine. I, along with more than 200 of my colleagues, introduced the Broadcaster Freedom Act. It would ensure that no future President could regulate the airwaves of America without an act of Congress." See, Congressional Record, October 18, 2007, at Page H11733.

"Yesterday, House Republicans introduced a discharge petition to bring the Broadcaster Freedom Act to the floor of Congress." He continued that "The American people should know, if 218 Members of Congress sign this petition, we can have an up-or-down vote on legislation that would keep the Fairness Doctrine from ever coming back."

He argued that "if you believe in broadcast freedom, if you believe in the freedom of the press, if you believe that freedom of the press is not a partisan issue, sign the petition. Bring the Broadcaster Freedom Act to the floor of the Congress and freedom will win again in Congress."

Rep. Pence spoke again later in the day. He said that "The reality is, faced with recordkeeping, red tape, potential legal fees that would attach to a Fairness Doctrine challenge filed with the FCC, and potential loss of their license, most of the 2,000 radio stations today that carry talk radio simply wouldn't carry it any more." (See, Pages H11761-2.)

Rep. Pence said that "after the Reagan administration struck down the Fairness Doctrine, we saw an explosion of talk radio. Frankly, most of the talk shows that have succeeded on a national level reflect a center right philosophical perspective", but that "in many of the largest markets around the country, some of the most popular talk show hosts are self-described liberals, or progressives".

Maryland and Florida State Attorneys General Oppose Rep. Frank's Internet Gambling Bill

9/28. Douglas Gansler, the Attorney General of Maryland, and Bill McCollum, the Attorney General of Florida, wrote a letter to Rep. Barney Frank (D-MA), the Chairman of the House Financial Services Committee (HFSC), and Sen. Max Baucus (D-MT), the Chairman of the Senate Finance Committee, opposing HR 2046 [LOC | WW], the "Internet Gambling Regulation and Enforcement Act of 2007".

Rep. Frank introduced HR 2046 on April 26, 2007. See, story titled "Rep. Frank Introduces Bill to Facilitate Licensed Internet Gambling" in TLJ Daily E-Mail Alert No. 1,574, May 3, 2007.

Gansler and McCollum (who is a former Republican member of the House and the House Judiciary Committee) wrote that the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) "has effectively driven many illicit gambling operators from the American marketplace".

However, "H.R. 2046 proposes to do the opposite, by replacing state regulations with a federal licensing program that would permit Internet gambling companies to do business with U.S. customers."

They continued that "The bill would legalize Internet gambling in each State, unless the Governor clearly specifies existing state restrictions barring Internet gambling in whole or in part. On that basis, a State may ``opt out'' of legalization for all Internet gambling or certain types of gambling. However, the opt-out for types of gambling does not clearly preserve the right of States to place conditions on legal types of gambling. Thus, for example, if the State permits poker in licensed card rooms, but only between 10 a.m. and midnight, and the amount wagered cannot exceed $100 per day and the participants must be 21 or older, the federal law might nevertheless allow 18-year-olds in that State to wager much larger amounts on poker around the clock."

They also asserted that "the opt-outs may prove illusory. They will likely be challenged before the World Trade Organization."

The text of this letter is published in the Congressional Record, October 18, 2007, at Page H11755.

More News

Henry Paulson10/19. Henry Paulson (at left), the Secretary of the Treasury, released a statement following the Meeting of G-7 Finance Ministers and Central Bank Governors in which he addressed trade and investment barriers and Doha round trade talks. He wrote that "I urged my counterparts to step up efforts to restart the Doha talks". He added that "A Doha agreement is within reach and we should not lose the opportunity before us. Success on Doha is the single most effective thing we can do to raise living standards around the world. Reducing trade and investment barriers and maintaining open markets is critical to ensuring that the benefits of trade are shared broadly. I also emphasized that the United States is committed to working with our global trading partners to ensure a successful Doha Round."

10/19. The Government Accountability Office (GAO) released a report [36 pages in PDF] titled "Defense Trade: Clarification and More Comprehensive Oversight of Export Exemptions Certified by DOD Are Needed".

10/19. The Center for Democracy and Technology (CDT) submitted a comment [8 pages in PDF] to the Federal Trade Commission (FTC) in advance of its workshop titled "Ehavioral Advertising: Tracking, Targeting, and Technology", to be held in Washington DC on November 1-2, 2007. See, conference web site. The CDT wrote that "The three FTC spyware principles serve as a useful starting point for developing a policy prescription for behavioral advertising, but they do not provide a complete framework. CDT is hopeful that by conceptualizing behavioral advertising in light of work that the FTC has already done, comprehensive privacy protections can be applied to one of the practices that underlies both spyware and behavioral advertising -- the tracking of users’ Internet activity without proper user control. The FTC has already laid the groundwork to bring our inadequate policies for protecting privacy in behavioral advertising up to the level that consumers deserve."

10/19. A grand jury of the U.S. District Court (SDCal) returned an indictment that charges Qing Li with conspiring to export accelerometers to the People's Republic of China (PRC) in violation of export control laws. The Department of Justice (DOJ) stated in a release that "Li and her co-conspirator used e-mail messages and telephone calls to negotiate the illegal export transaction with an undercover" U.S. Immigration and Customs Enforcement (ICE) agent in San Diego.

10/19. Securities and Exchange Commission (SEC) Commissioner Annette Nazareth gave a speech in Los Angeles, California, regarding the role of securities regulators during times of turmoil in securities markets. She touched on the role of securities trading technology and "complex quantitative computer models" in recent hedge fund related trading, as well as in October of 1987.

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Notices & Disclaimers
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Washington Tech Calendar
New items are highlighted in red.
Monday, October 22

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until at least 6:30 PM. The House will consider numerous non-technology related items under suspension of the rules. See, Majority Leader Hoyer's schedule for the week of October 22.

The Senate will meet at 2:00 PM for morning business. It will then resume consideration of HR 3043 [LOC | WW], the Labor, Health and Human Services, and Education appropriations bill.

9:30 AM - 3:30 PM. Day one of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "XM-SIRIUS: An Out of This World Monopolist or Just Another Down-to-Earth Competitor?". The speakers will be Lawrence Walke (National Association of Broadcasters), Andrew Schwartzman (Media Access Project), and Ryan Wallach (Willkie Farr & Gallagher). The price to attend ranges from $15 to $30. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Extended 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, and notice in the Federal Register, August 8, 2007, Vol. 72, No. 152, at Pages 44539-44540. See also, Public Notice [2 pages in PDF] (DA 07-4097) extending deadlines.

Tuesday, October 23

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. See, Majority Leader Hoyer's schedule for the week of October 22.

Day one of a three day conference titled "George Bush China -- U.S. Relations Economic Dialogue". See, conference web site and schedule [PDF]. At 8:30 AM, Secretary of the Treasury Henry Paulson will give a speech on the U.S. -- China Strategic Economic Dialogue. At 12:30 PM, Secretary of Commerce Carlos Gutierrez will give the luncheon address. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:00 AM - 2:30 PM. The American Enterprise Institute (AEI) will host an event titled "Asia 2012: Security Challenges and Opportunities for Development". The speakers at a 9:00 AM on security will include Brigadier Arun Sahgal (United Service Institution of India), Lanxin Xiang (Graduate Institute of International Studies), Masafumi Ishii (Embassy of Japan), and Michael Auslin (AEI). The speakers at a 10:30 AM panel titled "Is Growth Sustainable? Fault Lines in Asia’s Economic Future" will include Richard Katz (Oriental Economist), Philip Levy (AEI), BethAnne Wilson (Federal Reserve Board of Governors), and Kent Calder (Johns Hopkins University, School of Advanced International Studies). The 12:00 NOON lunch speaker will be John Negroponte (Department of State). The speakers at a 1:00 PM panel titled "Transnational Challenges and Regionalist Responses" will include Richard Cronin (Henry Stimson Center), Keiichi Hori (Asian Forum Japan), Da Wei (China Institutes of Contemporary International Relations), and Christopher Griffin (AEI).See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:30 AM. The U.S. Court of Appeals (DC) will hear oral argument in American Radio Relay League v. FCC, App. Ct. No. 06-1343. This is a petition for review of a final order of the FCC pertaining to broadband over power line (BPL). See also, FCC brief [79 pages in PDF] and story titled "FCC Files Brief in Amateur Radio Operators' Challenge to BPL Rules" in TLJ Daily E-Mail Alert No. 1,634, September 5, 2007. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

9:30 AM - 3:30 PM. Day two of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Enhancing FTC Consumer Protection in Financial Dealings, with Telemarketers, and on the Internet". This hearing will address HR 3526 [LOC | WW], a bill to place all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions, HR 2601 [LOC | WW], a bill to extend until 2012 the authority of the Federal Trade Commission (FTC) to collect fees to administer and enforce Do Not Call Registry, and HR 3461 [LOC | WW], the "Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007" or "SAFER NET Act", a bill to create an internet safety public education campaign at the FTC. Location: Room 2123, Rayburn Building.

12:00 NOON - 1:00 PM. The Association for Competitive Technology (ACT) will host a panel discussion on copyright and space shifting. The speakers will be Patrick Ross (Copyright Alliance), Gigi Sohn (Public Knowledge), and Morgan Reed (ACT, moderator). For more information, contact the ACT at 202-331-2130. Location: Room B-340, Rayburn Building.

12:00 NOON - 2:00 PM. The Federal Communications Commission's (FCC) Enforcement Bureau (EB) will hold a closed meeting with regulated entities and others. The speakers will be FCC/EB front office managers and division chiefs. For more information, contact FCC/EB at 202-418-7450. The Federal Communications Bar Association (FCBA) asserts in its web site that this is an FCBA meeting. The FCBA also asserts unilaterally that this meeting is "off the record". Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "Beyond Borders: International Copyright Enforcement in the Digital Era". The speakers will be Stanford McCoy (Chief Negotiator for Intellectual Property Enforcement at the Office of the U.S. Trade Representative) and Eric Schwartz (Mitchell Silberberg & Knupp). The price to attend ranges from $10 to $20. For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

1:00 - 3:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by teleconference. The conference phone number is 888-790-5019; the passcode is TEITAC. See, TEITAC notice and notice in the Federal Register, September 19, 2007, Vol. 72, No. 181, at Page 53509.

2:00 PM. The House Government Oversight and Reform Committee's Subcommittee on Information Policy, Census, and National Archives will hold a hearing titled "Cybersecurity: A Review of Public and Private Sector Efforts to Secure our Nation's Internet Infrastructure". Location: Room 2154, Rayburn Building.

Wednesday, October 24

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's schedule for the week of October 22.

Day two of a three day conference titled "George Bush China -- U.S. Relations Economic Dialogue". See, conference web site and schedule [PDF]. U.S. Trade Representative Susan Schwab and Secretary of Energy Samuel Bodman will give a keynote addresses. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "NASPER: Why Has the National All Schedules Prescription Electronic Reporting Act Not Been Implemented? ". The hearing will be web cast by the HCC. Location: Room 2322, Rayburn Building.

9:30 AM - 3:30 PM. Day three of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 333, Hall of the States, 444 North Capitol St., NW.

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

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up three bills, including HR 2406 [LOC | WW], a bill to authorize the National Institute of Standards and Technology (NIST) to increase its efforts in support of the integration of the healthcare information enterprise. The meeting will be webcast by the HSC. Location: Room 2318, Rayburn Building.

1:45 PM. The Senate Foreign Relations Committee will hold a business meeting. It will consider numerous nominations, including Christopher Egan to be the US Representative to the Organization for Economic Cooperation and Development (OECD), George Pataki to be the U.S. Representative to the United Nations General Assembly. See, notice. Location: Room S-116, Capitol Building.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Overview of Copyright Law and Litigation". The speaker will be Kenneth Kaufman (Skadden Arps). 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 "YLC Pre-Charity Auction Happy Hour". For more information, contact Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Regatta Raw Bar, Marriott at Metro Center, 775 12th St., NW.

Thursday, October 25

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's schedule for the week of October 22.

Day three of a three day conference titled "George Bush China -- U.S. Relations Economic Dialogue". See, conference web site and schedule [PDF]. Location: J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.

9:30 AM - 3:30 PM. Day four of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3010 [LOC | WW], the "Arbitration Fairness Act of 2007". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Interstate Commerce, Trade, and Tourism will hold a hearing to promote trade protectionism. It will be titled "Sweatshop Conditions in the Chinese Toy Industry". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nomination of John Tinder to be a Judge of the U.S. Court of Appeals (7thCir).

12:00 PM. The Cato Institute will host a panel discussion titled "Should American Workers Fear or Embrace Globalization?" The speakers will be Jagdish Bhagwati, author of the 2004 book [Amazon] tilted "In Defense of Globalization", and Matthew Slaughter (Tuck School of Business). See, notice and registration page. Location: Cato, 1000 Massachusetts Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Reception for FCC and NTIA Bureau and Office Chiefs". Prices vary. See, registration form [PDF]. Registrations are due by October 19. The FCBA will give no refunds for cancellations. Location: Capital Hilton, 1001 16th St., NW.

6:00 - 9:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "How to Conduct Business in the Current Chinese Legal Environment: Myths and Facts". The speakers will be Paul Manca (Hogan & Hartson), Grace Fremlin (Foley & Lardner), and Steven Robinson (Hogan & Hartson). 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.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Eighth Further Notice of Proposed Rule Making announcing tentative channel designations. This item is FCC 07-138 in MB Docket No. 87-268. See, FCC Public Notice (DA 07-3914) [PDF] and notice in the Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51575-51581.

Deadline to submit comments or objections to the Copyright Royalty Judges (CRJ) their royalty rates for use of a musical work in a Public Broadcasting Service distributed program pursuant to the noncommercial educational broadcasting statutory license contained in the Copyright Act. The CRJ announced in a notice in the Federal Register on September 26, 2007, that they are correcting the rates published in the Federal Register on April 17, 2007. See, Federal Register, September 26, 2007, Vol. 72, No. 186, at Pages 54622-54623.

Friday, October 26

Majority Leader Hoyer's schedule for the week of October 22 states that no votes are expected in the House.

9:00 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Improving Health Care: Why a Dose of IT May Be Just What the Doctor Ordered". The speakers will be Robert Atkinson (ITIF), Daniel Castro (ITIF), former Rep. Nancy Johnson (R-CT), Alan Lotvin (ICORE Magellan Health Services), and Edna DeVries (Marshfield Clinic). See, notice. Location: First Amendment Lounge, National Press Club, 529 14th St., NW.

9:30 AM - 3:30 PM. Day five of a five day meeting of the U.S.-China Economic and Security Review Commission to consider its 2007 end of year report to the Congress. See, notice in the Federal Register, September 25, 2007, Vol. 72, No. 185, at Page 54511. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless and HLS/Emergency Communications Committees will host a lunch titled "Strengthening Public Safety Through Wireless Technologies". The price to attend is $15. Reservations and cancellations are due by 12:00 NOON on October 24. See, registration form [PDF]. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

5:00 PM. Deadline to submit comments to the Judicial Conference of the U.S.'s (JCUS) Court Administration and Case Management Committee regarding the Department of Justice's (DOJ) proposal that the Public Access to Court Electronic Records (PACER) system terminate public access to unsealed plea agreements filed in criminal cases. See, notice in the Federal Register, September 10, 2007, Vol. 72, No. 174, at Pages 51659-51660, and story titled "DOJ Seeks to Limit Public Access to PACER System" in TLJ Daily E-Mail Alert No. 1,637, September 10, 2007.

Monday, October 29

8:30 AM - 6:30 PM. Day one of a five day course of instruction hosted by Georgetown University Law Center titled "Georgetown Law -- Academy of WTO Law and Policy". The price to attend is $2,700. For more information, call Christine Washington at 202-662-4052. See, seminar web site and brochure [PDF]. Location: Georgetown Law Gewirz Student Center, 12th Floor, 120 F St., NW.

10:00 AM. The Federal Communications Commission's (FCC) and National Telecommunications and Information Administration's (NTIA) Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities will hold its first meeting. See, FCC Public Notice [5 pages in PDF] (DA-07-4325). Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding the roaming obligations of CRMS providers. The FNPRM asks whether the FCC should extend roaming obligations to broadband data services. The FCC adopted this item on August 7, 2007, and released the text on August 16, 2007. It is FCC 07-143 in WT Docket No. 05-265. See, notice in the Federal Register, August 30, 2007, Vol. 72, No. 168, at Pages 50085-50095. See also, story titled "FCC Adopts CMRS Roaming Order and NPRM" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2007.

Effective date of the Federal Communications Commission's (FCC) rules changes regarding roaming obligations of CRMS providers. These rules changes provide that CMRS carriers have roaming obligations as to Title II services. The FCC adopted this item on August 7, 2007, and released the text on August 16, 2007. It is FCC 07-143 in WT Docket No. 05-265. See, notice in the Federal Register, August 30, 2007, Vol. 72, No. 168, at Pages 50085-50095. See also, story titled "FCC Adopts CMRS Roaming Order and NPRM" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2007.