10/24. The Federal Communications Commission (FCC) released the agenda [PDF] for its event scheduled for Wednesday, October 31, 2007, titled "Localism Hearing and Open Commission Meeting".

This event is scheduled for 9:00 AM on Wednesday, October 31, 2007, which is also Halloween. The FCC's recent events titled "Open Commission Meeting" have rarely been held at the time announced by the FCC.

This event is scheduled to be held in the FCC's Commission Meeting Room, Room TW-C305, 445 12th Street, SW, and to be webcast by the FCC. The FCC does not always take up all of the items on its published program. The FCC sometimes adds items to the program without providing the "one week" notice required 5 U.S.C. § 552b. The FCC usually does not release at its events copies of the items that it adopts at its events.

Localism Hearing. The FCC's agenda states that it will hold a "Localism Hearing". It states that "The purpose of the hearing is to gather information from consumers, industry, civic organizations, and others on broadcasters’ role in their local communities and proposed changes to our rules." The agenda does not name any witnesses.

FCC Commissioners Michael Copps and Jonathan Adelstein complained about the short notice for the localism hearing. They wrote in a release [PDF] issued immediately after the FCC released its notice of the hearing that "This is unacceptable and unfair to the public. And it makes putting together an expert panel nearly impossible." The asked, "Is the Commission serious about allowing the public to participate in the agency’s decisionmaking? Or is the goal to be able to claim that hearings have been held, even if the public has not had a chance to fully participate?"

Regulation of Contracts with MDUs. The FCC's agenda states that the FCC will adopt a Report and Order regarding "the use of exclusive contracts for the provision of video services to multiple dwelling units ("MDUs") and other real estate developments".

The FCC adopted its Notice of Proposed Rulemaking (NPRM) on March 22, 2007, and released the text [19 pages in PDF] on March 27. See, stories titled "FCC Adopts MDU Forced Access NPRM" in TLJ Daily E-Mail Alert No. 1,556, March 26, 2007, and "FCC Releases MDU NPRM" in TLJ Daily E-Mail Alert No. 1,557, March 27, 2007. See also, notice in the Federal Register, April 18, 2007, Vol. 72, No. 74, at Pages 19448-19453. This NPRM is FCC 07-33 in MB Docket No. 07-51.

The FCC wrote in its NPRM that "We tentatively conclude that the Commission has authority to regulate exclusive contracts for the provision of video services to MDUs or other real estate developments where we find that such contracts may impede competition and impair deployment of those services."

However, FCC statutory authority in this area is limited. The FCC has no authority to regulate the owners of MDUs. Nor does the Communications Act expressly provide that the FCC can regulate cable companies' contracts with MDUs. But then, the FCC does not always act within its statutory authority.

The FCC might assert authority under Subsection 628(b) of the Communications Act, which is codified at 47 U.S.C. § 548(b). It provides that "It shall be unlawful for a cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor from providing satellite cable programming or satellite broadcast programming to subscribers or consumers." Section 628(c) also gives the FCC authority to write implementing regulations.

The FCC might assert that sole provider clauses in contracts between cable companies and MDUs are "unfair methods of competition". This interpretation would entail construing Section 628 as a parallel Sherman Act, for the cable industry, with the FCC, rather than the DOJ's Antitrust Division and the Federal Trade Commission (FTC) as the antitrust enforcer.

The FCC does have a history of asserting antitrust authority in excess of its statutory authority. The FCC's antitrust merger reviews are without statutory basis.

The FCC might also assert authority under Section 706, which is codified at 47 U.S.C. § 157, note. It states that the FCC and state regulators "shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) by utilizing, in a manner consistent with the public interest, convenience, and necessity, price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment." (Parentheses in original.)

The FCC might also assert authority under Section 621, which 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."

That is, the FCC might entertain the legal fiction that MDUs are governmental franchising authorities for the purpose of regulating MDU contracts.

The FCC has a history of creative interpretation of Section 621. For example, the FCC stretched the meaning of Section 621 in its December 2006 video franchising order. See, stories titled "FCC Adopts Order Affecting Local Franchising Authorities" and "Adelstein Opposes Franchising Order" Reaction to FCC Franchising Order" in TLJ Daily E-Mail Alert No. 1,510, December 27, 2007. That Report and Order and Further Notice of Proposed Rulemaking is FCC 06-180 in MB Docket 05-311.

FCC regulation of contracts with MDUs is opposed by cable companies, which have already negotiated contracts with MDUs, and by the National Cable and Telecommunications Association (NCTA).

FCC regulation of contracts with MDUs is supported by telecommunications companies, such as Verizon, which are deploying competing video services, and by the US Telecom. It is also supported by the Consumer Federation of America (CFA), Consumers Union (CU), Public Knowledge, and USPIRG

Verizon wrote last week that the FCC "should adopt a narrowly tailored rule that prohibits video providers from entering into or enforcing exclusive access provisions for a limited period of time to give video competition a chance to take hold, after which time these rules should automatically sunset absent an affirmative finding by the Commission that they should be extended." See, Verizon's notice [PDF] of ex parte communication of October 24.

Verizon's service area includes the densely populated areas of the east coast where a higher percentage of the population lives in MDUs.

On October 24, 2007, Sen. Hillary Clinton (D-NY) sent a letter to the two Democratic Commissioners, Copps and Adelstein. She wrote that "I understand that the Commission is considering whether to limit the ability of cable operators to use exclusive access arrangements with building owners to deny residents in multiple dwelling units (MDUs) a choice of competing video services. As I have heard from many of my constituents in New York about the need for consumer choice in their video and broadband options, I hope that you will support a decision in this proceeding that will bring the benefits of competition in terms of technology, choice, and price to consumers who occupy such units in New York and elsewhere."

If the FCC does provide relief to the telcos that impairs contracts with MDUs, its final order will be vulnerable under judicial review.

Other Items. The FCC's agenda states that the FCC will adopt a Second Report and Order concerning "Section 621(a)(1)'s directive that local franchising authorities not unreasonably refuse to award competitive franchises and the application of the Commission's findings in the First Report and Order to existing franchises." This proceeding is MB Docket No. 05-311.

The FCC's agenda states that the FCC will adopt a Notice of Proposed Rulemaking (NPRM) regarding changes to its implementation of 47 U.S.C. § 224, which provides that the FCC "shall regulate the rates, terms, and conditions for pole attachments". This item is in the FCC's proceedings numbered RM-11293 and RM-11303.

The FCC's agenda states that the FCC will adopt a Report and Order, Declaratory Ruling, Order on Remand, and a NPRM regarding local number portability (LNP) and numbering requirements. This item is in the FCC's proceedings numbers WC Docket No. 04-36 (the FCC's huge omnibus IP-enabled services proceeding), CC Docket No. 95-116 (LNP proceeding), and CC Docket No. 99-200.

10/24. Chris Cox, Chairman of the Securities and Exchange Commission (SEC), gave a speech titled "'The Role of Government in Markets" at Harvard University in Cambridge, Massachusetts. It was a far ranging speech that touched on internet fraud, information transparency, and government surveillance, among other issues.

Cox expressed concerns about both government owned or controlled corporations (GOCCs) and sovereign wealth funds (SWFs). He said that the GOCC are proliferating because of "semi-privatization of government enterprises in areas such as banking, oil and gas, infrastructure, transportation, and real estate".

Cox said that two recent development are challenging securities regulation. "First, the number of government-owned or controlled corporations in our public markets, as well as their size, is growing. Second, the number and size of government-owned commercial investment funds is on the rise." He termed that later as "sovereign wealth funds". And, with the globalization of investment that results from new information and communications technologies, this may create problems for national securities regulators.

Cox offered no conclusions, and made no policy recommendations. Rather, he raised a number of issues, some of which are technology related, such as:

• What is the ability of the SEC and foreign securities regulators to stop internet based securities fraud that harms US investors when the perpetrators are within a GOCC located abroad? Will the foreign securities regulator be impartial?
• What is the ability of the SEC and foreign securities regulators to ensure information transparency with respect to the publicly traded securities of government owned entities? Will foreign regulators enforce transparency at their own entities?
• What is the interplay of the conduct of foreign intelligence surveillance, the performance of companies in the market, and the regulation of securities markets? Will governments conduct and provide the fruits of surveillance to their own entities?

The SEC regulates securities markets, to protect investors from fraud, and to facilitate investment, among other things. The SEC also attempts to promote transparency, which Cox described as "full and fair disclosure to all market participants", so that ordinary investors are not "at an information disadvantage". The SEC also has authority with respect to enforcement of the Foreign Corrupt Practices Act. His comments focused on the possible impact of GOCCs and SWFs on these areas of regulation.

He did not address the possible impact of GOCCs and SWFs on areas of government regulation assigned to other government agencies. Other agencies may have concerns. For example, the SEC is not responsible for threats to national security posed by acquisition of interests in US companies by foreign government or companies. This is primarily the responsibility of the Committee on Foreign Investments in the US (CFIUS).

Nor is the SEC is not responsible for policy based export controls. This is primarily the responsibility of the Department of Commerce's (DOC) Bureau of Industry and Security (BIS). Although, GOCCs and SWFs may invest in strategic US companies for the purpose unrelated to maximizing returns to investors, such as acquiring technologies and expertise.

Nor is the SEC responsible for electronic or other surveillance, in the US or abroad, by the US or by other nations. However, Cox did discuss the interplay of governments' surveillance and government owned entities.

Nor is the SEC responsible for trade policy. For example, it would be the responsibility of the Office of the US Trade Representative (OUSTR) and other agencies to address foreign SWFs that invest in US financial services or telecommunications companies, while at the same prohibiting or limiting investment in their own financial services or telecommunications industries. However, Cox did state that SWFs might provoke protectionist responses.

Which Nations? Cox did not mention any nations in his speech, other than the US. He did not mention any government owned businesses. Nor did he mention any SWF, other than the US Social Security Trust Fund, which he said would become a SWF, if it were to invest in capital markets.

For example, he did not mention the state of Alaska's Alaska Permanent Fund Corporation, the Canadian province of Alberta's Alberta Heritage Savings Trust Fund, or Norway's Government Pension Fund of Norway. These are all government owned investors that take government revenues from the sale and export of oil and invest it in capital markets to maximize long term return for the citizens of their states. Perhaps Cox is not too concerned about these SWFs.

Perhaps he is more concerned about other oil revenue funded SWFs, such as the United Arab Emirates' Abu Dhabi Investment Authority (ADIA), Kuwait's Kuwait Investment Authority, or those of Kazakhstan.

Perhaps he is even more concerned about SWFs of the People's Republic of China (PRC). However, he did not say.

Pursuit of Internet Based Fraud. Cox addressed a problem that may arise with the proliferation of publicly traded government owned or controlled corporations.

He said that "Today, Internet fraud is on the rise, and the only way that our government or any other can protect its citizens is to cooperate with other nations. The perpetrators of fraud on the Internet aren't restrained by national boundaries."

He asked rhetorically, "Will the high level of cooperation that we know from experience is required in international cases be forthcoming if the foreign government or an entity it controls is itself under suspicion?"

He also stated that "When the regulator and the regulated are one and the same, deference to the government-owned industry can all too easily trump vigorous and neutral enforcement."

Government Surveillance. Cox also addressed a number of issues that may arise with the proliferation and growth of government owned commercial investment funds, which he referred to as "sovereign wealth funds".

One of these pertains to surveillance and intelligence operations. Cox (at left) said that "unlike private investors and businesses, the world's governments have at their disposal the vast amounts of covert information collection that are available through their national intelligence services."

He continued that "Current legal restrictions in some countries on the domestic collection and use of such information might serve to protect the civil liberties of that nation's citizens. But there are normally no concommitant protections for foreign nationals, or for intelligence collection activities conducted in other countries."

"Unchecked, this would be the ultimate insider trading tool", said Cox.

The SEC has authority with respect to securities fraud, and insider trading a form of fraud. Cox did not discuss other uses of government surveillance, such as theft of trade secrets, to benefit GOCCs or companies in which SWFs hold an interest.

Cox did not discuss the extent to which government surveillance and intelligence agencies might assist their domestic companies and investment funds in which they own no interest.

Before his appointment to the SEC, Cox was a senior member of the House Commerce Committee (HCC) and its Subcommittee on Telecommunications and the Internet, where he developed expertise in policy areas related to information and communications technologies.

Information Transparency. Cox said that "If ordinary investors -- an estimated 100 million retail customers who own more than $10 trillion in equities and stock funds in U.S. markets -- come to believe that they are at an information disadvantage, confidence in our capital markets could collapse, and along with it, the market itself. That’s why so much of our effort is focused on full and fair disclosure to all market participants."

He continued that "Government ownership potentially threatens transparency, as well. In many industrial countries today, the ability of journalists and citizens to inquire into government affairs, or to criticize the conduct of government, is severely limited. In some countries, criticism of government policies lands you in jail, or worse. Is it reasonable to expect that these same governments will be magically forthcoming with investors?

"The fact that minority shareholders in state-owned companies will be dependent on the full disclosure of governments that are not subject to independent regulation raises significant questions for regulators such as the SEC, whose mission includes investor protection. And when it comes to transparency, the track record to date of most sovereign wealth funds does not inspire confidence."

Enforcement Problems. Cox said that the SEC has authority to pursue GOCCs and SWFs for violating US securities laws. The problem, he explained, would be in the lack of cooperation from the foreign governments.

He said that "Neither international law nor the Foreign Sovereign Immunities Act renders these funds immune from the jurisdiction of U.S. courts in connection with their commercial activity conducted in the United States."

"But a discussion between the SEC and a foreign government might be quite different if, instead of seeking cooperation in an enforcement matter in which we were mutually interested, the SEC were pressing claims of insider trading against that very government", said Cox.

"When a foreign private issuer is suspected of violating U.S. securities laws, our experience working with our overseas regulatory counterparts indicates that we could almost always expect the full support of the foreign government in investigating the matter. But if the same government from whom we sought assistance were also the controlling person behind the entity under investigation, a considerable conflict of interest would arise."

Protectionist Responses. Cox stated that "The rise of sovereign wealth funds and state-owned public companies could even provoke a new round of protectionism, in which various national governments erect barriers to foreign investment in what they consider to be strategic sectors of their economies -- and in which the lines between restrictions on foreign government ownership and foreign private ownership are dangerously blurred."

10/26. The Senate confirmed Christopher Egan to be the Representative of the US to the Organization for Economic Cooperation and Development (OECD). See, Congressional Record, October 26, 2007, at Page S13495. The Senate Foreign Relations Committee report lists the many large financial contributions made by Egan or his relatives, mostly to Republican candidates and committees, but also to a few Democrats and others, including Sen. Joe Lieberman (D-MA, Rep. Mike Capuano (D-MA), Rep. David Obey (D-WI), and Ralph Nader. See, Congressional Record, October 24, 2007, at Page S13362.

10/25. President Bush named Brian McCormack Deputy Assistant to the President for Strategic Initiatives and External Affairs. He was Special Assistant to the President and Deputy Director of the Office of Public Liaison. Before that, he was Special Assistant to the Under Secretary for Acquisition, Technology and Logistics at the Department of Defense. See, White House release.

10/22. The National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register that announces the new and existing members of its National Telecommunications and Information Administration's Performance Review Board. The members are Daniel Hurley (Director of the NTIA's Communications and Information Infrastructure Assurance Program), Bernadette Rivera (NTIA Associate Administrator for Telecommunications and Information Applications), Renee Macklin (Chief Information Officer of the International Trade Administration), Alan Vincent (Associate Administrator for Telecommunications Sciences and Director at the Institute for Telecommunication Sciences), Michael Crison (National Oceanic and Atmospheric Administration), and Karl Nebbia (Associate Administrator for Spectrum Management at the NTIA). Macklin and Nebbia are new members. See, Federal Register, October 22, 2007, Vol. 72, No. 203, at Page 59514.

10/18. Helane Morrison, the Securities and Exchange Commission's (SEC) Regional Director in San Francisco, will leave the SEC at the end of October. She will become General Counsel, Chief Compliance Officer, and a Principal at Hall Capital Partners. The SEC's San Francisco office is responsible for northern California, Washington, Oregon, Montana, Idaho and Alaska. See, SEC release.

10/25. The Department of Justice's (DOJ) Antitrust Division announced in a release that "it has closed its investigation of The Hearst Corporation's proposed acquisition of a newly created ``tracking stock´´ of MediaNews Group Inc. (MNG). The acquisition, which was revised in response to antitrust concerns raised by the Department, would give Hearst approximately a 30 percent equity stake in MNG's newspaper businesses outside of the San Francisco Bay Area". MNG owns, among other things, the San Jose Mercury News.

10/25. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its DRAFT SP 800-39 [60 pages in PDF], titled "Managing Risk from Information Systems: An Organizational Perspective". The deadline to submit comments is Friday, December 14, 2007.

10/25. The U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register that announces, describes and sets the comment deadline (December 24, 2007) for, it proposal to amend the Rules of Practice in Trademark Cases, at 37 CFR 2.37, to require a description of the mark in all applications to register a mark not in standard characters. The notice states that this "will facilitate greater accuracy and efficiency in design coding and in pseudo-mark data determinations. Therefore, the revised rules will promote more accurate and complete searchability of marks in the USPTO records. The current rule regarding descriptions of marks provides that a description ``may be included in the application and must be included if required by the trademark examining attorney.´´"See, Federal Register, October 25, 2007, Vol. 72, No. 206, at Pages 60609-60611.

10/25. The Government Accountability Office (GAO) released a report [123 pages in PDF] titled "Information Technology: Improvements for Acquisition of Customs Trade Processing System Continue, but Further Efforts Needed to Avoid More Cost and Schedule Shortfalls". This report pertains to the Department of Homeland Security's (DHS) U.S. Customs and Border Protection's (CBP) Automated Commercial Environment (ACE).

10/23. The Copyright Office (CO) published a notice in the Federal Register that contains a final list of stations listed in affidavits sent to the CO in which the owner or licensee of the station attests that the station qualifies as a specialty station. The notice states that this list "shall be used to verify the specialty station status of those stations identified as such by cable systems on their semi-annual statements of account". The effective date of this notice is January 1, 2008. See, Federal Register, October 23, 2007, Vol. 72, No. 204, at Pages 60029-60030, and 17 U.S.C. § 111.

TLJ Daily E-Mail Alert No. 1,661, Wednesday, October 24, 2007, is now in the TLJ web site. The e-mail servers of a few recipients blocked delivery. This issue contains articles titled "Reps. Dingell and Markey Introduce Bill to End Deemed Granting of FCC Forbearance Petitions", "6th Circuit Holds Unconstitutional Record Keeping Requirement for Pornographers", "Rep. Hoyer Criticizes Bush Record on Surveillance", and "Microsoft Capitulates to EC".

10/26. Sen. Jay Rockefeller (D-WV) introduced S 2248 [61 pages in PDF], the "Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007". It was referred to the Senate Intelligence Committee (SIC), which reported it, on October 26, 2007. See, Senate Report No. 110-209. This is the language approved by the SIC at its mark up session on October 18, 2007.

The House will meet at 12:30 PM for morning hour debate, and at 2:00 PM for legislative business. It will consider non-technology related items under suspension of the rules. Votes will be postponed until at least 6:30 PM. See, Majority Leader Hoyer's weekly schedule and schedule for October 29.

The Senate will meet at 3:00 PM. It will resume consideration of S 294 [LOC | WW], the Amtrak Reauthorization bill.

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.

The House will meet at 9:00 AM for morning hour debate, and at 10:00 AM for legislative business. See, Majority Leader Hoyer's weekly calendar.

8:30 AM - 6:30 PM. Day two 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.

9:00 AM - 7:00 PM. The Information Technology Association of America (ITAA) will host its annual Chief Information Security Officers (CISO) Workshop. The speakers will include Greg Garcia (Assistant Secretary, Office of Cyber Security and Communications, Department of Homeland Security), Sherrill Nicely (Office of the Director of National Intelligence), John Lee (Office of Management and Budget). Prices vary. See, notice. Press contact: Charlie Greenwald at 703-284-5305. Location: CSC, Executive Briefing Center, 3170 Fairview Park Dr., Falls Church, VA.

9:30 AM. The U.S. International Trade Commission (USITC) will hold a public hearing to assist it in preparing a report for the House Ways and Means Committee regarding government policies affecting trade with the People's Republic of China (PRC). The USITC is examining, among other sectors, semiconductors and telecommunications. See, notice in the Federal Register, July 31, 2007, Vol. 72, No. 146, at Pages 41773-41774, and USITC release. This proceeding is titled "China: Government Policies Affecting U.S. Trade in Selected Sectors" and numbered Inv. No. 332-491. Location: USITC, 500 E St., SW.

10:00 AM - 2:00 PM. The Free State Foundation (FSF) and the Institute for Policy Innovation (IPI) will host an event titled "The Federal Unbundling Commission". The keynote speakers will be Sen. Jim DeMint (R-SC), Rep. Marsha Blackburn (R-TN), and FCC Commissioner Deborah Tate. The other speakers will include Joe Waz (Comcast), Peter Davidson (Verizon), Rick Whitt (Google), James Gattuso (Heritage Foundation), Robert Crandall (Brookings Institution), Christopher Yoo (University of Pennsylvania Law School), Kevin Werbach (University of Pennsylvania's Wharton School), and Tom Sugrue (T-Mobile). RSVP to Erin Fitch at erinfitch at ipi dot org or 972-874-5139. Lunch will be served. Location: Room 2168 (Gold Room), Rayburn Building, Capitol Hill.

10:30 AM. The House Commerce Committee (HCC) will meet to mark up numerous bills, including HR 3461 [LOC | WW], the "Safeguarding America’s Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2007", HR 2601 [LOC | WW], the "Do-Not-Call Registry Fee Extension Act of 2007", HR 3541 [LOC | WW], the "Do-Not-Call Improvement Act of 2007", HR 3526 [LOC | WW], a bill to include all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions, HR 3403 [LOC | WW], the "911 Modernization and Safety Act of 2007", and HR 3919 [LOC | WW], the "Broadband Census of America Act of 2007". This meeting was previously scheduled for Thursday, October 25, 2007. The meeting will be webcast by the HCC. Press contact: Brin Frazier, Carrie Annand or Lauren Bloomberg at 202-225-5735. Location: Room 2123, Rayburn Building.

12:30 NOON - 2:00 PM. The DC Bar Association will host a program on the book titled " The Terror Presidency: Law and Judgment Inside the Bush Administration" [Amazon], by Jack Goldsmith, a former Assistant Attorney General in charge of the Office of Legal Counsel. The book contains some material on the Foreign Intelligence Surveillance Act (FISA) and the Terrorist Surveillance Program. The speakers will be Goldsmith, Stuart Taylor (National Law Journal), Jeffrey Smith (Arnold & Porter), and Nancy Perkins (Arnold & Porter). The price to attend ranges from $10 to $30. For more information, call 202-626-3463. See, notice. Location: Arnold & Porter, 555 12th 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 Judiciary Committee's (HJC) Subcommittee on Courts, the Internet, and Intellectual Property (SCIIP) will hold a hearing titled "Stifling or Stimulating -- The Role of Gene Patents in Research and Genetic Testing". The witnesses will be Lawrence Sung (University of Maryland, School of Law), Jonathan Soderstrom (Yale University Office of Cooperative Research), Marc Grodman (Ch/CEO of Bio-Reference Laboratories), and Jeffrey Kushan (Sidley Austin). The hearing will be webcast by the HJC. See, notice. Location: Room 2141, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will meet to mark up several bills, including S 2096 [LOC | WW], the "Do-Not-Call Improvement Act of 2007", S 1853 [LOC | WW], the "Community Broadband Act of 2007", and S 1675 [LOC | WW], the "Local Community Radio Act of 2007". See, notice. Location: Room 253, Russell Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) will host a seminar titled "Lobbying the FCC and Congress: Ethical and Legal Considerations". The speakers will be Kenneth Gross (Skadden Arps), Jane Mago (National Association of Broadcasters), and David Solomon (Wilkinson Barker Knauer). The price to attend ranges from $25 to $135. Reservations and cancellations are due by 12:00 NOON on October 26. See, registration form [PDF]. This event qualifies for CLE credits. Location: Sidley Austin, 6th Floor, 1501 K St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "The Ethics of E-Mail". The speaker will be Thomas Spann (McGuire Woods). 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.

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's weekly calendar.

8:30 AM - 6:30 PM. Day three 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.

9:00 AM. The Federal Communications Commission (FCC) may hold an event titled "Localism Hearing and Open Commission Meeting". See, notice [PDF]. Location: FCC, Commission Meeting Room (TW-C305 ), 445 12th St.,  SW.

9:00 AM - 4:30 PM. Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58108-58109, and Homeland Security Information Network (HSIN) web site. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing on transition to digital television. See, release. The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SCC) will hold a hearing titled "FISA Amendments: How to Protect Americans’ Security and Privacy and Preserve the Rule of Law and Government Accountability". The witnesses will be Kenneth Wainstein (Assistant Attorney General in charge of the DOJ's National Security Division), Ed Black (head of the Computer & Communications Industry Association), Patrick Philbin (Kirkland & Ellis), and Morton Halperin (Soros's Open Society Institute). See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Research on Environmental and Safety Impacts of Nanotechnology: Current Status of Planning and Implementation under the National Nanotechnology Initiative". The witnesses will be Clayton Teague (Director of the National Nanotechnology Coordination Office), Floyd Kvamme (Co-Chair of the President’s Council of Advisors on Science and Technology), Vicki Colvin (International Council on Nanotechnology), Andrew Maynard (Woodrow Wilson International Center for Scholars), Richard Denison (Environmental Defense), Paul Ziegler (PPG Industries). The hearing will be webcast by the HSC. Location: Room 2318, Rayburn Building.

2:00 PM. Two subcommittees of the House Homeland Security Committee (HHSC) will hold a hearing titled "Enhancing and Implementing the Cybersecurity Elements of the Sector Specific Plans". The witnesses will be Greg Garcia (Assistant Secretary, DHS's Office of Cyber Security and Telecommunication), David Powner (Government Accountability Office), Michael Hickey (Communications Sector Coordinating Council), George Hender (Options Clearing Corporation), Michael O'Hanlon (Brookings Institution), Larry Clinton (Internet Security Alliance), Sally Katzen (George Mason University School of Law), Lawrence Gordon (University of Maryland). This hearing will be webcast by the HHSC. Location: Room 311, Cannon Building.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-110 [44 pages in PDF] titled "Draft Information System Security Reference Data Model".

Deadline to submit applications to the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC) to participate by teleconference in its November 7, 2007, meeting. See, notice in the Federal Register, October 23, 2007, Vol. 72, No. 204, at Page 60000.

The House will meet at 10:00 AM for legislative business. See, Majority Leader Hoyer's weekly calendar.

Day one of a two day conference hosted by the Federal Trade Commission (FTC) titled "Ehavioral Advertising: Tracking, Targeting, and Technology". See, FTC release and conference web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 12:00 NOON. Day two of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee (HSINAC). See, notice in the Federal Register, October 12, 2007, Vol. 72, No. 197, at Pages 58108-58109, and Homeland Security Information Network (HSIN) web site. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

8:30 AM - 6:30 PM. Day four 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 Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of the nomination of John Tinder to be a Judge of the U.S. Court of Appeals (7thCir). The agenda also includes consideration of S 2168 [LOC | WW], the "Identity Theft Enforcement and Restitution Act", and S 352 [LOC | WW], the "Sunshine in the Courtroom Act of 2007". See, notice. The SJC rarely follows its published agenda. Location: Room 226, Dirksen Building.

10:00 AM. The House Small Business Committee will hold a hearing titled "Evaluating the Impact of Pending Free Trade Agreements upon U.S. Small Businesses". Location: Room 2360, Rayburn Building.

10:00 AM - 5:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, September 21, 2007, Vol. 72, No. 183, at Pages 54079-54080. Location: NSF, 4201 Wilson Blvd., Room 375, Arlington, VA.

12:00 NOON. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing on HR 3359 [LOC | WW], the "Mobile Workforce State Income Tax Fairness and Simplification Act of 2007". The hearing will be webcast by the HJC. See, notice. Location: Room 2237, Rayburn Building.

Effective date of most of the U.S. Patent and Trademark Office's (USPTO) changes to its Trademark Rules of Practice. These rules changes require, among other things, plaintiffs in Trademark Trial and Appeal Board (TTAB) inter partes proceedings to serve on defendants their complaints or claims, and to utilize in TTAB inter partes proceedings a modified form of the disclosure practices included in the Federal Rules of Civil Procedure (FRCP). These rules changes also delete the option of making submissions to the TTAB in CD-ROM form. See, notice in the Federal Register, August 1, 2007, Vol. 72, No. 147, at Pages 42241-42264.

Extended deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) in response to its Notice of Inquiry (NOI) regarding its Commerce Control List (CCL). See, original notice in the Federal Register, July 17, 2007, Vol. 72, No. 136, at Pages 39052-39053, and revised notice in the Federal Register, September 6, 2007, Vol. 72, No. 172, at Pages 51213-51214.

Extended deadline to submit reply 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.

Majority Leader Hoyer's weekly calendar states that "no votes are expected in the House".

Day two of a two day conference hosted by the Federal Trade Commission (FTC) titled "Ehavioral Advertising: Tracking, Targeting, and Technology". See, FTC release and conference web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

8:30 AM - 6:30 PM. Day five 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.

8:00 AM - 1:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure. See, notice in the Federal Register, September 21, 2007, Vol. 72, No. 183, at Pages 54079-54080. Location: NSF, 4201 Wilson Blvd., Room 375, Arlington, VA.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, notice in the Federal Register, October 17, 2007, Vol. 72, No. 200, Page 58849-58850. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

9:30 AM - 3:30 PM. The Securities and Exchange Commission's (SEC) Advisory Committee Meeting on Improvements to Financial Reporting will meet. Location: SEC Auditorium, Room L-002, 100 F St., NE.

Daylight savings time ends.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-73-2, titled "Interfaces for Personal Identity Verification". See, part 1 [43 pages in PDF], part 2 [29 pages in PDF], and part 3 [19 pages in PDF].

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

2:00 PM. Deadline for petitioner (Quanta Computer) to file its merits brief with the Supreme Court of the US (SCUS) in Quanta Computer v. LG Electronics, a patent infringement case. See, story titled "Supreme Court Grants Certiorari in Patent Exhaustion Case" in TLJ Daily E-Mail Alert No. 1,647, September 27, 2007.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding potential interference unique to the reverse band operating environment in the 17/24 GHz BSS. This FNPRM is FCC 07-76 in IB Docket No. 06-123. See, notice in the Federal Register, August 22, 2007, Vol. 72, No. 162, at Pages 46939-46949.

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