3/6. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (SCIIP) amended and approved HR 4279 [LOC | WW | PDF], the "Prioritizing Resources and Organization for Intellectual Property Act of 2007", also known as the PRO IP Act.

Rep. John Conyers (D-MI), Rep. Lamar Smith (R-TX), Rep. Howard Berman (D-CA), and others introduced this bill on December 5, 2007. This lengthy bill addresses remedies for infringement and counterfeiting and the organization and funding of government efforts to enforce intellectual property rights. For a summary of the bill as introduced, see story titled "Representatives Introduce PRO IP Act" in TLJ Daily E-Mail Alert No. 1,683, December 5, 2008.

Rep. Conyers, the Chairman of the HJC, stated in opening that counterfeiting and piracy of intellectual property harms the U.S. economy, and therefore, "we need to radically step up our efforts because the problem is expanding faster than our enforcement efforts can keep up".

Rep. Smith, the ranking Republican on the HJC, wrote in his opening statement that intellectual property is "critical to preserving a strong American economy and promoting American workers", and that "the investment needed to create and produce world-leading intellectual property is in stark contrast to the easy, massive, unauthorized reproduction and distribution of fraudulent and unlicensed products and services".

He said that more must be done to ensure that the government has the necessary resources, and the "PRO-IP Act provides a strong foundation".

The Subcommittee approved an managers' amendment [3 pages in PDF], and then the bill as amended.

Summary of Amendment. This amendment contains 16 changes to the original bill, many of which are minor and technical. The most significant change is that it strikes Section 104 of the original bill, titled "Computation of statutory damages in copyright cases".

The stricken Section 104 would have amended 17 U.S.C. § 504(c)(1). Section 504 provides remedies for infringement. Subsection 504(c) provides for statutory damages.

Subsection 504(c)(1) currently provides, in full, that "Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work."

Section 104 would have stricken the second sentence (beginning "For the purposes ..."), and added the following provisions: "A copyright owner is entitled to recover statutory damages for each copyrighted work sued upon that is found to be infringed. The court may make either one or multiple awards of statutory damages with respect to infringement of a compilation, or of works that were lawfully included in a compilation, or a derivative work and any preexisting works upon which it is based. In making a decision on the awarding of such damages, the court may consider any facts it finds relevant relating to the infringed works and the infringing conduct, including whether the infringed works are distinct works having independent economic value."

The bill, as amended, leaves Subsection 504(c)(1) in its current form. Moreover, the bill as amended by the Subcommittee now contains no changes to Section 504.

Rep. Berman (at left), the Chairman of the SCIIP, explained the amendment at the March 6 mark up. He said that "the managers' amendment will delete the changes proposed to Section 504 of the Copyright Act. There was a full day meeting on the provision with representatives of almost every facet of the copyright world and impacted user groups. While the discussion revealed that there is some reason to believe that the existing provision has the potential to yield inadequate compensation for copyright owners in some cases, it was clear that more time would be needed to identify a legislative solution."

Similarly, Rep. Conyers said that "most opposition centered on Section 104 of the bill ..." He said that "we took these concerns to heart and pledged to work the issue out."

Rep. Berman added, "for the sake of expediency, I decided to remove Section 104, so that the PRO IP Act could move forward quickly. There will be on-going discussions about these issues."

Rep. Conyers also stated that "just because we took this provision out does not mean it is not longer an issue". It remains "a topic of ongoing conversations and subject matter for another day".

Title II of the bill contains many changes to current statutes to strengthen both copyright and trademark criminal and civil procedure with respect to forfeiture, destruction, and restitution.

For example, Section 202 of the bill amends 18 U.S.C. § 2318 regarding forfeitures for trafficking in counterfeit labels for software, music, movies, and other intellectual property.

The bill, as introduced, provides in part that "The following property is subject to forfeiture ... Any property used, or intended to be used, to commit or facilitate the commission of a violation of" Subsection 2318(a) "that is owned or predominantly controlled by the violator or by a person conspiring with or aiding and abetting the violator in committing the violation."

The amendment approved on March 6 adds that for the purposes of the above quoted language, "the Government shall establish that there was a substantial connection between the property and the offense".

The amendment also adds this "substantial connection" requirement to parallel language amending 18 U.S.C. § 2319. That is, Section 2319 addresses "Criminal infringement of copyright". This underlying bill amends this section to provide for forfeiture of, among other things, "Any property used, or intended to be used, to commit or facilitate the commission of a violation of" 17 U.S.C. § 506.

Similarly, this amendment also adds this "substantial connection" requirement to the bills' provisions regarding forfeiture under 18 U.S.C. S 2319A ("Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances") and 18 U.S.C. § 2319B ("Unauthorized recording of Motion pictures in a Motion picture exhibition facility").

Rep. Berman explained that "the managers’ amendment will tighten up the forfeiture provisions. It has been pointed out by Public Knowledge, among others, that there is the possibility that the forfeiture provisions could ensnare ``materials and devices that may have only a fleeting connection to the offense.´´ In response to these concerns, the amendment explicitly requires that there be a ``substantial connection´´ between the property being forfeited and the intellectual property offense."

Titles III, IV and V of the bill pertain to the organization of government activities and operations related to intellectual property rights enforcement. The amendment approved on March 6 makes numerous minor changes to these sections.

Other key provisions of the underlying bill are unaffected by the amendment approved on March 6. For example, the bill amends 17 U.S.C. § 410 to provide a harmless error exception in the registration requirement for civil actions for copyright infringement.

The bill also amends 17 U.S.C. § 602 to cover both importation and exportation of copies and phonorecords; it currently applies only to importation. The bill also contains a parallel section to cover exportation of goods containing infringing marks.

Reaction. Patrick Ross, head of the Copyright Alliance, praised the bill in a release, and added that "I am particularly pleased that the bill was not amended to include any of the anti-copyright provisions".

For example, the bill contains no language from or similar to HR 1201 [LOC | WW], the "Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007", or "FAIR USE Act". This bill would amend 17 U.S.C. § 1201 to create exceptions to the ban on circumvention. See, story titled "Rep. Boucher Introduces FAIR USE Act" in TLJ Daily E-Mail Alert No. 1,545, February 28, 2007.

Ed Black, head of the Computer and Communications Industry Association (CCIA), praised the Subcommittee for removing Section 104. He stated in a release that "The subcommittee wisely avoided a big mistake" and "I hope that decision is not reversed at a later stage."

Gigi Sohn, head of the Public Knowledge, stated in a release that "We are pleased that the Subcommittee deleted from the bill the section (Section 104) that would have allowed multiplied damages for infringement of a compilation far beyond any reasonable levels. We are also pleased that the Subcommittee amended the bill to require that the Justice Department show a ‘substantial connection’ between the property it seeks to have forfeited and the infringing activity. This change would protect against a defendant having property taken by the government, such as a car or a home, which has only the most tangential relationship to infringing activity." (Parentheses in original.)

2/29. Thomas Barnett, Assistant Attorney General in charge of the Antitrust Division, gave a speech in Washington DC titled "Antitrust Update: Supreme Court Decisions, Global Developments, and Recent Enforcement".

Barnett (at left) stated that there are "significant differences between U.S. antitrust law and some aspects of other jurisdictions' competition regimes", such as in Europe, and that "it remains to be seen whether we can forge a consensus on the antitrust rules for judging the activity of individual firms".

Enforcement based upon individual firm conduct, as opposed to mergers or collusive activity, encompasses the EC's pending actions against Microsoft and Intel. The U.S. has initiated no related or parallel actions.

Barnett said that "we live in a global economy and that antitrust enforcement action in one jurisdiction can impact economic activity in another jurisdiction".

"Whereas 20 years ago only a handful of countries made any serious attempt to enforce antitrust laws, there are now over 100 antitrust enforcement regimes around the world, including China, which will begin enforcing its new Antimonopoly Law in August of this year", said Barnett.

He continued that there are "significant challenges presented by multiple antitrust enforcement regimes. In antitrust, as in other areas of law, companies having to comply with multiple regimes can face burdensome requirements. These concerns are increased if procedures and substantive antitrust analysis diverge across countries, which can lead to inconsistent or even incompatible results."

He argued that "antitrust enforcement should focus on protecting the competitive process and consumer welfare, not on protecting individual competitors or on other social goals, and that the analysis should be based on sound economic principles", and that "aggressive enforcement against price-fixing and other cartels -- naked agreements among competitors not to compete -- should be a top priority".

He did not reference the European Commission's proceedings against Microsoft or Intel in the prepared text of this speech. However, he said that "There remain significant differences between U.S. antitrust law and some aspects of other jurisdictions' competition regimes".

He also said that "it remains to be seen whether we can forge a consensus on the antitrust rules for judging the activity of individual firms -- governed in U.S. law by section 2 of the Sherman Act. Such challenges and differences are important to note but they should not be exaggerated."

3/3. The Supreme Court denied certiorari in Talk America v. Douglas. See, Orders List [9 pages in PDF] at page 2. This lets stand the July 18, 2007, opinion [13 pages in PDF] of the U.S. Court of Appeals (9thCir). The Court of Appeals held that a telecommunications service provider can not enforce an arbitration clause that exists only in a revised copy of a service contract published in its web site, when the customer had no notice. See, story titled "9th Circuit Holds that Service Provider Cannot Unilaterally Change Contract by Publishing Amended Version in Web Site" in TLJ Daily E-Mail Alert No. 1,615, July 24, 2007. This case is Talk America, Inc. v. Joe Douglas, Supreme Court of the U.S., Sup. Ct. No. 07-719, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 06-75424. The Court of Appeals heard a petition for writ of mandamus to the U.S. District Court for the Central District of California, D.C. No. CV-06-03809-GAF. See also, Supreme Court docket.

3/3. The Supreme Court denied certiorari in American Telecom v. Lebanon. See, Orders List [9 pages in PDF] at page 2. This lets stand the August 29, 2007, opinion [6 pages in PDF] of the U.S. Court of Appeals (6thCir). The Court of Appeals held that a U.S. District Court lacked jurisdiction over the government of Lebanon in a telecom dispute. See, story titled "6th Circuit Addresses Jurisdiction Over Government of Lebanon in Telecom Dispute" in TLJ Daily E-Mail Alert No. 1,631, August 30, 2007. This case is American Telecom Company, LLC, et al. v. Republic of Lebanon, Supreme Court of the United States, Sup. Ct. No. 07-721, a petition for writ of certiorari to the U.S. Court of Appeals for the 6th Circuit, App. Ct. No. 05-2408. The Court of Appeals heard an appeal from the U.S. District Court for the Eastern District of Michigan, at Detroit, D.C. No. 04-72596, Judge Nancy Edmonds presiding. Judge Batchelder wrote the opinion of the Court of Appeals, in which Judges Ryan and Sutton joined. See also, Supreme Court docket.

3/3. The Supreme Court denied certiorari in Mitsubishi Materials Silicon Corporation v. MEMC Electronics Materials. See Orders List [9 pages in PDF] at page 3. This lets stand the September 20, 2007, opinion [12 pages in PDF] of the U.S. Court of Appeals (FedCir). See also, TLJ story on the Court of Appeals' previous opinion in this proceeding, "Federal Circuit Addresses Inducement of Patent Infringement by Foreign Silicon Wafer Maker" in TLJ Daily E-Mail Alert No. 1,200, August 24, 2005. This case is Mitsubishi Materials Silicon Corporation, et al. v. MEMC Electronic Materials Inc., Supreme Court of the U.S., Sup. Ct. No. 07-936, a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, App. Ct. Nos. 2006-1305 and 2006-1326. The Court of Appeals heard an appeal from the U.S. District Court for the Northern District of California, D.C. No. 4:01-CV-04925, Judge Saundra Armstrong presiding. Judge Schall wrote the opinion of the Court of Appeals, in which Judges Newman and Dyk joined. See also, Supreme Court docket.

2/29. The U.S. Court of Appeals (DC) announced that it will hear oral argument in Comcast v. FCC, App. Ct. No. 07-1445, on Tuesday, April 8, 2008, at 9:30 AM. This is Comcast's petition for review of the Federal Communications Commission's (FCC) Memorandum Opinion and Order (MO&O) [20 pages in PDF] released on September 4, 2007, denying Comcast's request for a waiver of the integration ban for set top boxes. See, story titled FCC Denies Comcast's Request for Waiver of Integration Ban in TLJ Daily E-Mail Alert No. 1,636, September 7, 2007. Also, on February 29, the FCC filed its brief [103 pages in PDF]. Section 629 of the Telecommunications Act of 1996, which is codified at 47 U.S.C. § 549(a), provides, in part, that the FCC "shall ... adopt regulations to assure the commercial availability, to consumers of multichannel video programming and other services offered over multichannel video programming systems, of converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems, from manufacturers, retailers, and other vendors not affiliated with any multichannel video programming distributor." On August 18, 2006, the Court of Appeals issued its opinion [22 pages in PDF] in Charter Communications v. FCC, 460 F.3rd 31, in which it rejected other arguments of the cable industry regarding the FCC's implementation of the integration ban. See also, story titled "DC Circuit Upholds FCC Order Re Separable Security for Cable Set-Top Boxes" in TLJ Daily E-Mail Alert No. 1,434, August 18, 2008. This MO&O is FCC 07-127 in CS Docket No. 97-80. Judges Ginsburg, Griffith and Silberman will preside. This is the first of three cases on the agenda.

3/6. The U.S. Court of Appeals (8thCir) issued an opinion [PDF] in Steinbuch v. Cutler, affirming in part and reversing in part the District Court's dismissal for lack of personal jurisdiction and failure to state a claim. Robert Steinbuch, a former Senate Judiciary Committee (SJC) counsel for former Sen. Mike DeWine (R-OH), filed a complaint in U.S. District Court (DArk) against Jessica Cutler, a former staff assistant for Sen. DeWine with whom Steinbuch associated, alleging invasion of privacy and intentional infliction of emotional distress in connection with statements that she made in an internet blog and book based upon the blog. Steinbuch also named as defendants Hyperion Books (which published Cutler's book [Amazon] titled "The Washingtonienne"), Home Box Office (which holds an option to develop a television series based on the book), Disney Publishing Worldwide (parent company of Hyperion), and Time Warner (parent company of HBO and Time Warner Book Group, distributor of the book). The District Court dismissed all claims either for failure to state a claim, or for lack of personal jurisdiction. Steinbuch brought the present appeal. The appeal as to Cutler has been stayed by her filing of a bankruptcy petition. The Court of Appeals affirmed the dismissals as to all defendants, except Hyperion Books. This case is Robert Steinbuch v. Jessica Cutler, et al., U.S. Court of Appeals for the 8th Circuit, App. Ct. No. 07-1509, an appeal from the U.S. District Court for the District of Arkansas. Steinbuch has also filed a civil action in the District of Columbia, D.C. No. 05-970 (PLF/JMF).

The House will not meet.

The Senate will meet at 10:00 AM for morning business.

11:00 AM. The U.S. District Court (DC) will hold a periodic status conference in U.S. v. Microsoft, D.C. Nos. 98-1232 (CKK) and 98-1233 (CKK). Judge Colleen Kotelly will preside. Location: Courtroom 28A, 333 Constitution Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch titled "FCC's Program Bundling NPRM". The speakers will be Bradley Gillen (EchoStar), Jeffrey Eisenach (Criterion Economics), and Bill LeBeau (NBC Universal). Location: Arnold & Porter, Room 213, 555 12th St., NW.

Deadline for states to submit applications to the Department of Homeland Security (DHS) for grants related to the implementation of the identification systems mandates of the REAL ID Act. See, DHS release and story titled "DHS Announces Minimal REAL ID Act Grants" in TLJ Daily E-Mail Alert No. 1,708, January 31, 2007.

Deadline to submit comments to the President's National Security Telecommunications Advisory Committee (NSTAC) regarding matters discussed at its February 28, 2008, meeting by teleconference (the NSTAC's Global Positioning Systems report, the results of the NSTAC's investigation of the global network infrastructure environment, and the NSTAC's Network Security Scoping Group). See, notice in the Federal Register, February 4, 2008, Vol. 73, No. 23, at Pages 6521-6522.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding pole attachments and 47 U.S.C. § 224. The FCC adopted this NPRM on October 31, 2007, and released the text [40 pages in PDF] on November 20, 2007. This NPRM is FCC 07-187 in WC Docket No. 07-245. See, notice in the Federal Register, February 6, 2008, Vol. 73, No. 25, at Pages 6879-6888, and story titled "FCC Sets Comments Deadlines for Pole Attachments NPRM" in TLJ Daily E-Mail Alert No. 1,714, February 8, 2008.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) in its proceeding titled "In the Matter of Petition to Establish Procedural Requirements to Govern Proceedings for Forbearance Under Section 10 of the Communications Act of 1934, as Amended". The FCC adopted this NPRM on November 27, 2007, and released the text [25 pages in PDF] on November 30, 2007. This item is FCC 07-202 in WC Docket No. 07-267. See, notice in the Federal Register, February 6, 2008, Vol. 73, No. 25, at Pages 6888-6895, and story titled "FCC Sets Comments Deadlines for Forbearance NPRM" in TLJ Daily E-Mail Alert No. 1,714, February 8, 2008.

Daylight savings time begins.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireline Committee will host a brown bag lunch titled "A Practitioner’s Guide to the ``Other´´ Broadband Policy Makers: A View From the FTC and NTIA". The speakers will be Milton Brown (NTIA) and Lisa Hone (FTC). Location: Wilkinson Barker & Knauer, Suite 700, 2300 N St., NW.

9:00 AM - 2:00 PM. The U.S. Chamber of Commerce will host an event titled "Health Information Technology: Increasing Transparency and Enhancing Quality and Value in America's Health Care". Prices vary. Breakfast and lunch will be served. See, notice. Location: Chamber, 1615 H St., NW.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "The Role of Private Equity in the Communications Marketplace". The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Commerce Committee's (SCC) Subcommittee on Science, Technology, and Innovation will hold a hearing titled "The FY 2009 Budget Proposal to Support U.S. Basic Research". The witnesses will be John Marburger (Director of the Executive Office of the President's Office of Science and Technology Policy), Arden Bement (Director of the National Science Foundation), James Turner (acting Director of the National Institute of Standards and Technology). See, notice. Location: Room 253, Russell Building.

10:00 AM. The Center for Democracy and Technology (CDT) will host a news conference to announce a health privacy initiative. The event will also be teleconferenced. The call in number is 800-377-8846, and the participant code is 92874158#. Location: CDT, 11th floor, 1634 I St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mass Media Practice Committee will host a brown bag lunch titled "Localism Requirements and Proposals: Déjà vu all over again?". The speakers will be Bill Freedman and Holly Saurer of the Federal Communications Commission's (FCC) Media Bureau. Location: Holland & Knight, 2099 Pennsylvania Ave., NW.

1:00 - 6:00 PM. The Architectural and Transportation Barriers Compliance Board's (ATBCB) Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) will meet by conference call. See, notice in the Federal Register, January 24, 2008, Vol. 73, No. 16, at Page 4132.

2:00 PM. The House Judiciary Committee's (HJC) Antitrust Task Force will hold a hearing titled "Net Neutrality and Free Speech on the Internet". See, notice. Location: Room 2141, Rayburn Building.

2:00 - 4:00 PM. The Department of State's (DOS) International Telecommunication Advisory Committee (ITAC) will hold one of a series of meetings to discuss the U.S. positions for the March and April 2008 meeting of the ITU-T Study Group 3 and related issues of the international telecommunication regulations. See, notice in the Federal Register, February 4, 2008, Vol. 73, No. 23, at Page 6547. Location?

4:00 PM. Deadline to submit prospective applications to the Department of Labor's (DOL) Employment and Training Administration (ETA) regarding its Science, Technology, Engineering, and Mathematics (STEM) Opportunities in the Workforce System Initiative. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Pages 2529-2543.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) State and Local Practice Committee will host an event titled "State Implementation and Merger Conditions". This event qualifies for continuing legal education (CLE) credits. Location: Bingham McCutchen, 2020 K St., NW.

Day one of a three day conference hosted by the National Institute of Standards and Technology's (NIST) Federal Information Systems Security Educators' Association (FISSEA) titled "FISSEA Annual Conference". See, notice. The basic price to attend is $205. Registrations are due by February 25, 2008. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

10:00 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "ITIF Forum on Network Management". The speakers will be Rob Atkinson (ITIF), Richard Bennett, and Brett Glass (owner of an ISP in Wyoming ISP). This event will also be webcast. It will also be telecast, listen only; to participate, call 724-444-7444; the ID number is 13397. See also, notice and registration page. Location: ITIF, Suite 200, 1250 I St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Understanding Technical Issues Involved in the DTV Transition". The speakers will be Bill Check (NCTA), Rich Klein (WNYT-TV, Albany, New York), Stacy Fuller (Directv). Location: Willkie Farr & Gallagher, Suite 200, 1875 K St., NW.

Day two of a three day conference hosted by the National Institute of Standards and Technology's (NIST) Federal Information Systems Security Educators' Association (FISSEA) titled "FISSEA Annual Conference". See, notice. The basic price to attend is $205. Registrations are due by February 25, 2008. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

8:30 AM - 4:30 PM. The Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee will hold a meeting. See, notice in the Federal Register, February 12, 2008, Vol. 73, No. 29, at Page 8102. Location: Oklahoma Conference Room, West Building, DOT, 1200 New Jersey Ave., SE.

9:30 AM. The House Commerce Committee (HCC) will hold a hearing titled "Department of Commerce Budget for Fiscal Year 2009". The hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Star Wireless v. FCC, App. Ct. No. 07-1190. Judges Henderson, Rogers and Brown will preside. Location: Location: 333 Constitution Ave., NW.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Courts, the Internet and Intellectual Property (SCIIP) will hold a hearing titled "Promoting the Use of Orphan Works: Balancing the Interests of Copyright Owners and Users". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of several bills, including S 2533 [LOC | WW], the "State Secrets Protection Act". The agenda also includes consideration of Catharina Haynes (to be a Judge of the U.S. Court of Appeals for the 5th Circuit) and Rebecca Ann Gregory (U.S.D.C., E.D. Texas). The SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Diversity and Mass Media Committees will host a brown bag lunch titled "Modification of the newspaper/broadcast cross-ownership rule". The speakers will be Anne Swanson (Dow Lohnes), John Sturm (Newspaper Association of America), Frank Montero (National Association of Minority Media Executives), Angela Campbell (Institute of Public Representation), Jane Mago (National Association of Broadcasters), and Joe Torres (Free Press). For more information, contact Parul Desai at pdesai at mediaaccess dot org. Location: Georgetown University Law Center, Hotung International Building, Room 2000, 600 New Jersey Ave., NW.

2:00 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of John Sullivan to be General Counsel of the Department of Commerce (DOC). See, notice. Location: Room 253, Russell Building.

Day three of a three day conference hosted by the National Institute of Standards and Technology's (NIST) Federal Information Systems Security Educators' Association (FISSEA) titled "FISSEA Annual Conference". See, notice. The basic price to attend is $205. Registrations are due by February 25, 2008. Location: NIST, Red Auditorium, 100 Bureau Drive, Gaithersburg, MD.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) regarding the Petition for Declaratory Ruling [33 pages in PDF] filed by the Public Knowledge (PK) and other groups on December 11, 2007, pertaining to the regulatory status of text messaging services, including short code based services sent from and received by mobile phones. The PK requests that the FCC declare that these services are governed by the anti-discrimination provisions of Title II of the Communications Act. See, story titled "Verizon Wireless and Net Neutrality Advocates Clash Over Text Messaging" in TLJ Daily E-Mail Alert No. 1,647, September 27, 2007. See also, letter from Verizon Wireless to NARAL dated September 27, 2007, and NARAL's web page titled "NARAL Pro-Choice America Wins Fight over Corporate Censorship". See also, story titled "Public Knowledge Asks FCC to Declare that Blocking and Refusing to Carry Text Messages Violates Title II" in TLJ Daily E-Mail Alert No. 1,686, December 11, 2007. This proceeding is WT Docket No. 08-7. See, notice in the Federal Register, January 28, 2008, Vol. 73, No. 18, at Pages 4866-4867. See also, notice [PDF] of extension, DA 08-282.

EXTENDED TO APRIL 14. Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the Petition for Declaratory Ruling [33 pages in PDF] filed by the Public Knowledge (PK) and other groups on December 11, 2007, pertaining to the regulatory status of text messaging services, including short code based services sent from and received by mobile phones. See, notice [PDF] of extension, DA 08-282.

Deadline for recent law school graduates, graduating law students, and judicial clerks to submit to the Federal Communications Commission (FCC) applications for participation in the FCC's 2008 Attorney Honors Program. See, FCC notice [PDF].

EXTENDED TO APRIL 28. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Report on Broadcast Localism and Notice of Proposed Rulemaking. The FCC adopted this item on December 18, 2007, and released the text on January 24, 2008. It is FCC 07-218 in MB Docket No. 04-233. See, notice in the Federal Register, February 13, 2008, Vol. 73, No. 30, at Pages 8255-8259. See also, FCC's Public Notice [PDF] (DA 08-393). See also, Public Notice [PDF] (DA 08-515) extending deadlines.

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