1/12. Frontline Wireless issued a short statement, that states in full that "Frontline Wireless is closed for business at this time. We have no further comment."

The Federal Communications Commission (FCC) will commence its spectrum Auction Number 73 on January 24, 2008. This is the 700 MHz band auction.

The 700 MHz band (actually 698-806 MHz) is television broadcast spectrum that will be made available for public safety and commercial wireless services as a result of the digital television (DTV) transition.

The FCC adopted a report and order on July 31, 2007, that revised the band plan and service rules for the 700 MHz band. In particular, this order created something titled "Public/Private Partnership". It provided that a single commercial licensee would build a nationwide broadband interoperable network for use by public safety entities. However, it would then have preemptible secondary access to the spectrum.

Frontline Wireless, James Barksdale (its P/CEO), Janice Obuchowski (Chairman), Reed Hundt (Vice Chairman) and others successfully sought the FCC's designation of spectrum for this public private partnership.

The FCC's order provided for the auction later this month of a D Block of 10 MHz of paired spectrum (758-763 and 788-793).

The FCC stated in its release [5 pages in PDF] of July 31 that "As part of the Partnership, the commercial licensee will build out a nationwide, interoperable broadband network for the use of public safety. This network will facilitate effective communications among first responders not just in emergencies, but as part of cooperative communications plans that will enable first responders from different disciplines, such as police and fire departments, and jurisdictions to work together in emergency preparedness and response."

It added that "the Public Safety Broadband Licensee will have priority access to the commercial spectrum in times of emergency, and the commercial licensee will have preemptible, secondary access to the public safety broadband spectrum."

See also, story titled "FCC Adopts 700 MHz Band Order" in TLJ Daily E-Mail Alert No. 1,619, July 31, 2007, and the FCC's Public Notice [122 pages in PDF] dated October 5, 2007, and numbered DA 07-4171.

1/9. Kevin Martin, Chairman of the Federal Communications Commission (FCC), gave a speech [PDF] in New York City in which he discussed recent FCC rules changes regarding broadband services, video franchising, apartment owners, LPFM, leased access channels, and diversity ownership in broadcasting.

He said that the FCC "has acted to remove regulatory barriers to broadband deployment, and the result has been a significant increase in the number of Americans subscribing to broadband at the same time that the price for broadband services has declined". This, said Martin, has "resulted in a significant closing of the digital divide".

He also said that "The cable industry needs more competition". He denounced "skyrocketing cable rates", while prices for other communications services have declined.

Martin cited two things that the FCC has done that he stated will increase cable competition. First, he said that the FCC has adopted video franchising rules. See also, story titled "FCC Adopts 2nd Report and Order on Video Franchising" in TLJ Daily E-Mail Alert No. 1,668, November 2, 2007.

Second, Martin said that the FCC has adopted rules "prohibiting building owners from denying residents a choice among video service providers". See also, stories titled "FCC Adopts R&O Abrogating Contracts Between MDU Owners and Cable Companies" and "Commentary on FCC's R&O Regarding MDU Owners and Cable Companies" in TLJ Daily E-Mail Alert No. 1,669, November 5, 2007.

Martin also discussed leased access channels. See also, story titled "FCC Adopts R&O and FNPRM Regarding Commercial Leased Access" in TLJ Daily E-Mail Alert No. 1,680, November 30, 2007.

He also discussed recent changes to the FCC's low power FM rules, and FCC rules related to diversity ownership in broadcasting.

1/11. The Department of Homeland Security (DHS) released 284 pages of regulations that establish federal requirements for states in the operation of their identification systems for individuals, including issuing of identification cards and maintaining of electronic databases of information.

The DHS published the regulations as 10 megabytes of PDF scans. See, part 1 and part 2.

The DHS issued its notice [162 pages in PDF] of proposed rulemaking back on March 1, 2007. See, story titled "DHS Proposes Rules Implementing REAL ID Act" in TLJ Daily E-Mail Alert No. 1,546, March 5, 2007.

These regulation are issued in connection with the Title II of the REAL ID Act of 2005.

The regulations extend deadlines for states to come into compliance with the mandates of the Act and regulations. These regulations provide that the final extended deadline for complete compliance is December 1, 2017.

The DHS stated in a release that "REAL ID will address document fraud by setting specific requirements that states must adopt for compliance, to include: (1) information and security features that must be incorporated into each card; (2) proof of the identity and U.S. citizenship or legal status of an applicant; (3) verification of the source documents provided by an applicant; and (4) security standards for the offices that issue licenses and identification cards."

Many states have not responded with enthusiasm to the identification mandates provisions of the REAL ID Act. Several states have already enacted legislation that prohibits compliance with the identification mandates of the REAL ID Act. See for example, story titled "Maine Rejects REAL ID Act" in TLJ Daily E-Mail Alert No. 1,528, January 29, 2007.

Reaction to Regulations. Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), stated in a release that the "REAL ID program will not only lead to long lines at every DMV across the country, it will impose a massive unfunded mandate on state governments while offering absolutely no federal privacy protections to our citizens".

He added that the rules will "prolong a contentious and unproductive battle to force the states to comply".

He also said that "with the federal government now directing how a state drivers' license is issued, what characteristics the card must have, and conditioning access to federal buildings and airplanes on possession of a REAL ID card, it is difficult to think this is anything but the first, big step toward a national identification card that so many Americans oppose".

The ACLU stated in a release that these regulations "have dumped the problems of the statute on future presidents like a rotting corpse left on the steps of the next administration -- and not just the next one, but the administration of whoever is president in 2018".

"Real ID needs to be repealed. It is not only a threat to Americans' privacy but it is utterly unworkable." The ACLU added that the Act "should be repealed and replaced with a clean, simple, and vigorous new driver's license security law that does not create a national ID".

The ACLU wrote in a summary of the new regulations that "The act still has significant privacy problems. DHS has not protected an individual's personal information on the machine readable zone and allow for the use of widespread photo recognition. The regulations have left unresolved the requirement for a nationwide database of all drivers."

Sen. Leahy also stated that "I have joined Senators Akaka, Sununu, Tester, Baucus, and Alexander in introducing legislation to repeal the drivers' license provisions of the law, and to replace them with the negotiated rulemaking process originally enacted in the 2004 Intelligence Reform and Terrorist Prevention Act.  That law, which REAL ID superseded, was intended to improve the security of state driver's licenses through a cooperative partnership with the states and the private sector."

On February 28, 2007, Sen. Daniel Akaka (D-HI), Sen. John Sununu (R-NH), Sen. Jon Tester (D-MT), and Sen. Leahy introduced S 717 [LOC | WW], a bill to repeal Title II of the REAL ID Act. Also, on February 14, 2007, Rep. Thomas Allen (D-ME) and others introduced HR 1117 [LOC | WW], the "REAL ID Repeal and Identification Security Enhancement Act of 2007", which would also repeal Title II of the Act.

Legislative History. The Intelligence Reform and Terrorist Prevention Act of 2004 provided for a state federal negotiated rulemaking process regarding state identification systems. This process was underway when the Congress displaced it with the federal mandates scheme contained in Title II of the REAL ID Act of 2005.

The original version of HR 418 (109th Congress), the "REAL ID Act of 2005", was introduced by Rep. James Sensenbrenner (R-WI) on January 26, 2005. The House amended and approved one version of HR 418 as a stand alone bill on February 10, 2005.

The House also approved it as an appendage to HR 1268 (109th Congress), on May 11, 2005. HR 1268 was a supplemental appropriations bill, the main purposes of which were defense and anti-terrorism funding, and additional funding for the FBI, DEA, and other agencies.

President Bush signed HR 1268 (109th) on May 11, 2005. It is now Public Law 109-13. Hence, the REAL ID Act was enacted as Division B of HR 1268. This Title B contains many provisions. Those related to the federalization of state identification systems are found at Title II of Title B, titled "Improved Security for Drivers' Licenses and Personal Identification Cards. It is Sections 201-207 of Title B.

Section 201 contains definitions. Section 202, titled "Minimum Document Requirements and Issuance Standards for Federal Recognition", sets minimum standards regarding the contents of state identification documents, including machine readability, and issuance standards. It also requires that states maintain electronic databases that include "all data fields printed on drivers' licenses and identification cards issued by the State".

The Congress did make minor changes to Title II of the REAL ID Act in HR 660 [LOC | WW], the "Court Security Improvement Act of 2007". President Bush signed this bill into law on January 8, 2008. See, White House release.

HR 660 contains numerous provisions related to court security, including a provision that states are not to collect certain information about federal judges and justices, including their home addresses. The bill seeks to, among other things, protect the safety of judges and justices. One way that it seeks to accomplish this is to prevent those who would do them harm from learning their residences from state identification databases. This may be based on the understanding that these state databases of information will not be secure.

The House will not meet. See, Rep. Hoyer's calendar for the week of January 14, and 2008 calendar [4.25 MB PDF].

The Senate will not meet.

8:15 AM - 5:00 PM. Day one of a two day conference hosted by the Utilities Telecom Council (UTC) titled "2008 Pole Attachment Meeting". On January 14, there will be programs titled "Overview of the FCC Notice of Proposed Rulemaking", "Access Issues: Application Processing", "Access Issues: Make Ready", "Access Issues: NESC Interpretation", "Access Issues: Audits and Inspections", "Rate Issues: Broadband Rate -- What should it be?", and "Rate Issues: Legal/Regulatory Strategies". See, notice. Location: Marriott Washington, 1221 22nd St.,  NW.

CANCELLED. 12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "The Foreign Corrupt Practices Act: Part I". For more information, call 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in which it proposes to extend the current five year registration period for the Do Not Call Registry. This NPRM is FCC 07-203 in CG Docket No. 02-278. See, notice in the Federal Register, December 14, 2007, Vol. 72, No. 240, at Pages 71099-71102. See also, story titled "FCC Adopts NPRM Regarding Extending Do Not Call Registrations" in TLJ Daily E-Mail Alert No. 1,680, November 30, 2007.

The House is scheduled to return from recess at 12:00 NOON. Votes will be postponed at least until 6:30 PM. See, Rep. Hoyer's calendar for the week of January 14, and 2008 calendar [4.25 MB PDF].

The Senate will meet momentarily in pro forma session only.

8:15 AM - 12:45 PM. Day two of a two day conference hosted by the Utilities Telecom Council (UTC) titled "2008 Pole Attachment Meeting". On January 15, there will be programs titled "Rate Issues: What Happens to Joint Use?", "Case Study: Arkansas State Certification", "Case Study: Unauthorized Attachments and Code Compliance", and "Case Study: Muni Wireless". See, notice. Location: Marriott Washington, 1221 22nd St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireline Committee will host a closed brown bag lunch titled "Forbearance". The speakers will be John Nakahata (Harris Wiltshire & Grannis), Neil Fried (Republican Senior Counsel, House Commerce Committee), Amy Levine (Democratic Legislative Counsel, House Commerce Committee), Genny Morelli (Kelley Drye & Warren), and Bennett Ross (Wiley Rein). See, notice. Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

3:30 - 5:00 PM. The National Association of Broadcasters (NAB) will host a closed webcast seminar titled "What Every Station Should Know about Political Advertising". The speakers will include Bobby Baker (head of the FCC's Office of Political Programming). See, notice. This event is closed to all but NAB members.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's calendar for the week of January 14, and 2008 calendar [4.25 MB PDF].

8:00 - 9:30 AM. The Northern Virginia Technology Council (NVTC) will host a breakfast program titled "Old Media Meets New Media: Advertising Sales and the Internet". See, notice. The price to attend ranges from $45-$85. Location: Oracle, 1910 Oracle Way, Reston, VA.

10:00 AM. The Supreme Court will hear oral argument in Quanta Computer v. LG Electronics. See also, story titled "Supreme Court to Hear Case Regarding Patent Exhaustion Doctrine" in TLJ Daily E-Mail Alert No. 1,683, December 5, 2007.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers and Access to Records Committees will host a brown bag lunch titled "FCCdotgov -- Tips and Tricks to Navigating and Using the FCC Website and Online Databases". For more information, contact Chris Bjornson at crbjornson at mintz dot com, Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com. Location: Mintz Levin, 701 Pennsylvania Ave., NW.

2:30 - 4:30 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will hold a public meeting to prepare advice for the U.S. on positions for the February 2008 meeting of the working groups of the International Telecommunication Union Council. See, notice in the Federal Register, December 31, 2007, Vol. 72, No. 249, at Page 74402. Location: undislcosed.

The Federal Communications Commission's (FCC) 700 MHz auction (Auction Number 73) is scheduled to commence. See, Public Notice [PDF] (DA 07-3415).

The Information Technology Association of America (ITAA), INPUT, and the Software and Information Industry Association (SIIA) will host an event titled "SaaS/Gov '08". See, ITAA notice. For more information, contact Madeleine Rial at mrial at itaa dot org. Location: Ritz Carlton Hotel.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's calendar for the week of January 14, and 2008 calendar [4.25 MB PDF].

9:15 AM - 1:30 PM. The AeA will host an event titled "AeA Government-Industry Executive Interchange". The topics to be addressed include "Mobility and Wireless", "Telework" and "Identity Management". See, notice. Location: AeA, 601 Pennsylvania Ave., NW.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will meet to prepare for advice for the U.S. on positions for the February 2008 meeting of the Telecommunication Development Advisory Group (TDAG) of the International Telecommunication Union (ITU-D). See, notice in the Federal Register, December 19, 2007, Vol. 72, No. 243, at Page 71992. Location: DOS Main, Room 5804, 2201 C St., NW.

The House may meet at 10:00 AM for legislative business. See, Rep. Hoyer's calendar for the week of January 14, and 2008 calendar [4.25 MB PDF].

8:00 - 9:30 AM. The Northern Virginia Technology Council (NVTC) will host a breakfast program titled "Have it All! Raise Capital to Pursue Government and Commercial Success: FortiusOne and its Investors Tell All". See, notice. The price to attend ranges from free to $85. Location: Price Waterhouse, 1800 Tysons Blvd., 9th floor, McLean, VA.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in New Jersey Department of Public Advocacy v. FCC, a petition for review of an Federal Communications Commission (FCC) order pertaining to the rates the local exchange carriers (LECs) charge independent payphone service providers (IPSPs). See, FCC's brief [51 pages in PDF]. This case is numbered App. Ct. No. 07-1020. Location: 333 Constitution Ave., NW.

Martin Luther King's Birthday. See, Office of Personnel Management's (OPM) list of 2008 federal holidays.

The House will not meet.

1/10. Microsoft announced that Jeff Raikes, President of the Microsoft Business Division, will retire after a nine month transition. He will be replaced by Stephen Elop, who was previously Chief Operating Officer (COO) at Juniper Networks. See, Microsoft release.

1/10. The Federal Communications Commission (FCC) released the agenda for its event on Thursday, January 17, 2008, titled "Open Commission Meeting". The FCC is not scheduled to adopt any items at this meeting. Rather, the five Commissioners will hear status reports from senior officials in various FCC Bureaus and Offices. See, agenda [PDF].

1/10. The National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register that announces, and solicits applications for, planning and construction grants for public telecommunications facilities. The NTIA will distribute $16.8 Million in grants under its Public Telecommunications Facilities Program (PTFP) in FY 2008. This is down from $22 Million in FY 2007. The deadline to submit applications for grants is 5:00 PM on February 22, 2008. See, Federal Register, January 10, 2008, Vol. 73, No. 7, at Pages 1864-1865.

Tech Law Journal publishes a free access web site and subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year. However, there are discounts for subscribers with multiple recipients. Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until one month after writing. See, subscription information page.

Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2008 David Carney, dba Tech Law Journal. All rights reserved.