3/7. Federal Communications Commission (FCC) Chairman Kevin Martin gave a speech at Stanford University's law school.

He discussed open wireless platforms, quantifying broadband deployment, network neutrality, the pending complaint against Comcast, the pending complaint against Verizon Wireless, and VOIP patent litigation. Martin spoke harsh words about Comcast's network management practices, which affect consumers' use of BitTorrent. In contrast, he distinguished the petition against VW regarding blocking of certain text messages on the basis that VW promptly changed its practice.

The FCC did not release either a prepared text or transcript of this speech. This article quotes from an audio recording in the Stanford web site.

Martin (at right) identified three issues, (1) "implications for innovation on the wireless networks, and how that innovation was often stymied by the inability to easily get those applications placed on the wireless network today", (2) "where the United States ranks in terms of its broadband deployment" and how this is measured, and (3) "wireline broadband networks and their ability or their potential ... to engage in arbitrary blocking of content and applications".

Open Wireless Platforms. He said that the 700 MHz spectrum auction, which began in January, led to debate over wireless rules. He described the nationwide 22 MHz block with a "more open platform" requirement.

He said that the auction has so far been successful, in that the minimum threshold has been met and surpassed. He also said that the auction rules, and the push by open handset coalition, with its Android, "will push the entire industry to take a more open approach". See, story titled "Open Handset Alliance Announces Android and New Members" in TLJ Daily E-Mail Alert No. 1,670, November 6, 2007.

He also cited the subsequent announcement by Verizon Wireless as evidence of a change in approach by the wireless network operators. See, story titled "Verizon Wireless to Open its Network to Others' Devices, Software and Apps" in TLJ Daily E-Mail Alert No. 1,681, December 1, 2007.

Broadband Data. Martin next discussed "broadband penetration" and how the U.S. compares to other nations. He said that "we have seen a significant increase in penetration rates" in the U.S. regardless of whose data is examined, the FCC's or Pew's.

He continued that "we have ... taken some important steps and made a significant amount of progress", not only in broadband penetration, but also in the manner in which the FCC collects and reports data.

He noted that the FCC has proposed to raise minimum speeds for what is considered to be broadband. Also, the FCC is "looking at how many people are actually subscribing". Previously, the FCC examined whether broadband was available to one person in a zip code, rather than how many people were actually subscribing there.

Network Neutrality. Martin next discussed the "network neutrality debate". He said that "in general, the government and the Commission needs to make sure that we are stepping out of the way and allowing for innovation to continue in the marketplace".

He also stated: "recognizing that it is the marketplace itself is going to be the one that is going to deliver those benefits of innovation and choices to consumers".

But, he added that "this doesn't mean that the government doesn't have a role to play. And I think that it has two significant roles, one in creating a regulatory environment that promotes investment and competition, setting the rules, so to speak, of the road, so that you are going to allow that kind of competition to occur". Also, the government must act "to achieve broader social goals", such as on "public safety issues" and "consumer protection issues".

He said that it was in "this vein" the FCC adopted "principles" in 2005, providing for "significant economic deregulation", but at the same time adopting a "policy statement".

The FCC adopted this Policy Statement [3 pages in PDF] on August 5, 2005. See, story titled "FCC Adopts a Policy Statement Regarding Network Neutrality" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005. The FCC released the text of the Policy Statement on September 23, 2005. See, story titled "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005.

The 2005 FCC policy statement provides that "consumers are entitled to access the lawful Internet content of their choice ... consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement ... consumers are entitled to connect their choice of legal devices that do not harm the network ... consumers are entitled to competition among network providers, application and service providers, and content providers."

Martin recited these principles in his speech at Stanford. He elaborated that these principles are "subject to reasonable network practices", and that there will be "enforcement" going forward. He also noted that this 2005 statement of policy contained no "non-discrimination" principle.

He next stated that the FCC has enforced the principles contained in its policy statement, in the Madison River case, in which a telecommunications company was blocking consumers' access of VOIP communications. See, story titled "FCC Stops Broadband Provider From Blocking VOIP Traffic" in TLJ Daily E-Mail Alert No. 1,089, March 7, 2005.

Comcast Complaint. The FCC is considering complaints that networks operators are violating these principles or Title II of the Communications Act.

Martin discussed these at length. However, prior to the question and answer portion of the program, he only referenced the complaint against Comcast. He said that the Comcast matter involves "blocking or delaying consumers' access and ability to use BitTorrent applications".

On November 1, 2007, the Free Press and others filed a complaint [48 pages in PDF] with the FCC that alleges that Comcast is "degrading peer-to-peer protocols" by inserting forged reset packets into communications between peers in peer to peer (P2P) communications that terminate those communications. This, the complaint alleges, interferes with Comcast's subscribers use of applications like BitTorrent, and violates the FCC's 2005 Policy Statement. See, story titled "Free Press Files Complaint with FCC Alleging that Comcast Is Violating 2005 Policy Statement" in TLJ Daily E-Mail Alert No. 1,669, November 1, 2007.

Martin said that the "Commission is going to live up to its commitment to enforce these principles, and to do so in a way that tries to preserve the ability for innovation and entrepreneurship to occur on the wireline network, and specifically recognizes that the Commission has the jurisdiction to address these issues".

He said that "the question directly in front of the Commission is what are the reasonable network management practices that a company can engage in"?

He said that "there are several factors that I think should inform the Commission's answer to those questions". First, he said, is "adequate disclosure of the practices that are occurring. A hallmark of what should seem like a reasonable business practice is certainly whether or not the people who are engaging in that practice are willing to describe that publicly. One of the most troubling aspects of  the complaints in front of us is that at first the network operator at first denied that they were engaging in the practice publicly, and indeed, the manner in which they were engaging in this practice had actually altered the return address effectively of the code, of the bits that they were inserting, the reset bits, so that it looked like it was coming from someone else. I think that those are two of the more troubling aspects of the assertions that these were reasonable network practices."

He was not explicit in his speech that it was Comcast to which he was referring.

He continued that "on a going forward basis when we talk about adequate disclosure", the Commission "needs to emphasize two components, both that the people who are developing applications need to fully understand the manner in which their applications could be limited by the network practices that are being engaged in. That requires that the network operators to make sure that they are adequately disclosing under what circumstances any of these network management practices can en up being triggered".

"And second, we need to make sure that those network operators are adequately disclosing to consumers the implications for any of their network management practices, in terms of the broadband access that they are selling."

Finally, he said that the Commission will consider "whether or not particular applications are being singled out for different treatment arbitrarily, versus, to actions that would apply to all kinds of similarly situated applications, or content. To the extent that there are arbitrary distinctions made about particular applications or companies, as opposed to general practices that would apply on a more widespread basis. I think that will also trigger heightened scrutiny by the Commission, really cause them to question the reasonableness in terms of network management practices."

While these statements do not bode well for Comcast, Martin added that "Commission has not yet acted on any of the complaints. We are still evaluating the underlying facts".

Martin concluded his speech by stating that how the FCC handles these issues sends a message internationally, and has implications for democracy, and the empowering aspects of the internet.

Verizon Petition. Gigi Sohn, head of the Public Knowledge, asked Martin about another complaint pending before the FCC, alleging text message blocking by Verizon. She asked whether the FCC would hold a hearing on that.

The PK and other groups filed a Petition for Declaratory Ruling [33 pages in PDF] with the FCC on December 11, 2007. See, 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.

That petition alleges that "Mobile carriers currently can and do arbitrarily decide what customers to serve and which speech to allow on text messages, refusing to serve those that they find controversial or that compete with the mobile carriers' services."

Martin said that this is "also an important issue". However, he distinguished the Verizon matter from the Comcast matter on the basis that Verizon promptly changed its practice, while Comcast has not.

He explained. "The difference, I think, Verizon, after that initial complaint, even before the initial complaint was filed, acknowledged that they shouldn't have engaged in that practice, and has stated that they have reformed their processes, so that is not a problem going forward. I don't disagree that doesn't mean that the Commission doesn't have to respond to the concerns that are addressed, and I think that we should focus on that issue as well. I think though that the context is completely different when the carrier, has, 24 hours of the stories that broke about this practice that they engaged in, has stated that it was a mistake that it occurred, it shouldn't have occurred, and they stated that they have changed their practices on a going forward basis. It think that one of the distinctions between the Verizon practice and Comcast practice is that Comcast is still claiming that these are appropriate network management practices on a going forward basis, which Verizon is conceding that they, that it was not only inappropriate, that they are no longer engaging in it."

VOIP Patent Litigation. Martin was also asked about civil lawsuits against companies alleging patent infringement in connection with VOIP technologies. He was asked "does the Commission have a role in overseeing or intervening with respect to patent litigation that may impact the ability of the parties you regulate to use telecommunications"?

Martin responded that "we don't have a direct role in the patent litigation issues surrounding whether or not applications that are developed by" some are violations of the patents of others. Hence, he said that "that is not an area that the Commission traditionally ends up getting into".

But, he added "the Commission has recognized the importance of some of the competitive aspects of applications developers to compete with the underlying network operators, and, like the Vonages, to be able to compete with the underlying, for business with the network operators ...".

And, he stated that "I think that that has been offset to some degree by some of the other network operators putting in place their own voice over IP applications", such as cable companies.

Martin also responded to a question about the timing of its decisions on pending petitions. Martin that that he wants the Commission to act "quickly", and that it may act in the "first half of this year", and "sometime in the second quarter of this year".

3/7. The Federal Communications Commission (FCC) released an Order and Declaratory Ruling approving, subject to limitations, the petition for declaratory ruling filed by Mobile Satellite Ventures Subsidiary LLC (MSV) and SkyTerra Communications, Inc. to allow indirect foreign ownership of MSV in excess of the 25 percent benchmark set forth in 47 U.S.C. § 310(b)(4). This Order and DR also approves the petition for declaratory ruling of Harbinger Capital Partners Master Fund I, Ltd. and Harbinger Capital Partners Special Situations Fund, L.P. for permission to to increase their ownership in MSV, but not to exceed a non-controlling de jure or de facto 49.99 percent equity interest and 49.99 voting interest. FCC Commissioner Michael Copps wrote in his concurring statement that the "still has not conducted a comprehensive investigation into the effects of private equity investment on Commission licensees". This Order is FCC 08-77.

3/10. New York Governor Eliot Spitzer, who in his previous position as Attorney General of New York, engaged in aggressive regulation and prosecution of international businesses, including some technology companies, issued a statement regarding a federal criminal investigation that encompasses his association with prostitute. Lieutenant Governor David Patterson would become Governor following Gov. Spitzer's resignation. Andrew Cuomo is the New York Attorney General.

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The House will meet at 10:30 AM for morning hour, and 12:00 NOON legislative business. It may consider, under suspension of the rules, HR 1312 [LOC | WW], a bill to amend the Immigration and Nationality Act, at 8 U.S.C. § 1184, to expedite adjudication of employer petitions for aliens of extraordinary artistic ability. See, Rep. Hoyer's calendar for week of March 10.

The Senate will meet at 10:00 AM. It will resume consideration of SConRes 70 [LOC], the budget resolution for Fiscal Year 2009.

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 - 12:00 PM. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "The Transfer of National Nanotechnology Initiative Research Outcomes for Commercial and Public Benefit". See, notice and hearing charter [PDF]. Location: Room 2318, 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 Appropriations Committee's (HAC) Subcommittee on Commerce, Justice and Science will hold a hearing on FY 2009 appropriations for the Department of Commerce. This hearing will be webcast by the HAC. Location: Room 2359, Rayburn Building.

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". The witnesses will be Damian Kulash (musician), Michele Combs (Christian Coalition of America), Rick Carnes (Songwriters Guild of America), Caroline Fredrickson (ACLU), Christopher Yoo (University of Pennsylvania Law School), and Susan Crawford (Yale Law School). See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Oversight and Government Reform Committee's Subcommittee on Information Policy, Census, and National Archives will hold a hearing titled "Privacy: The Use of Commercial Information Resellers by Federal Agencies". Location: Room 2203, Rayburn Building.

2:00 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "NIST’s FY 2009 Budget Request: What Are the Right Technology Investments to Promote US Innovation and Competitiveness?" See, notice and hearing charter [PDF]. Location: Room 2318, 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.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's calendar for week of March 10.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services will hold a hearing on FY 2009 appropriations for the judiciary. Location: Room 2220, Rayburn Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing titled "Investing in Science and Technology". Location: Room 2362-B, Rayburn Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing titled "Competitiveness and Innovation on the Committee’s 50th Anniversary with Bill Gates, Chairman of Microsoft". See, notice and hearing charter [PDF]. Location: Room 2318, Rayburn Building.

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.

2:30 PM. The Senate Committee on Homeland Security and Governmental Affairs's Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security will hold a hearing titled "Agencies in Peril: Are We Doing Enough to Protect Federal IT and Secure Sensitive Information?". The witnesses will be Karen Evans (Office of Management and Budget), Greg Wilshusen (Government Accountability Office), Tim Bennett (Cyber Security Industry Alliance), Susan Swart (CIO, Department of State), Phil Heneghan (CIO, Agency for International Development), Daren Ash (CIO, Nuclear Regulatory Commission), Robert Howard (CIO, Department of Veteran Affairs). See, notice. Location: Room 342, Dirksen Building.

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.

The House will meet at 10:30 AM for legislative business. See, Rep. Hoyer's calendar for week of March 10.

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.

TIME? 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 House Appropriations Committee's (HAC) Subcommittee on Financial Services will hold a hearing titled "Supreme Court of the United States". Location: Room 2220, 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.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's calendar for week of March 10.

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.

St. Patrick's Day.

The House will begin is two week March recess. See, Rep. Hoyer's 2008 calendar [4.25 MB PDF].

The Senate will begin its March recess. See, Senate 2008 calendar.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its two notice of proposed rulemakings (NPRMs) regarding service rules for the Wireless Communications Service (WCS) and for terrestrial repeaters used in conjunction with the Satellite Digital Audio Radio Service (SDARS). These items are FCC 07-215 in WT Docket No. 07-293 and IB Docket No. 95-91. The FCC adopted these items on December 17, 2007, and released them on December 18, 2007. See, notice in the Federal Register, January 15, 2008, Vol. 73, No. 10, at Pages 2437-2440.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Third Further Notice of Proposed Rulemaking regarding cable carriage of digital television broadcast signals. The FCC adopted this item on September 11, 2007, and released the text [68 pages in PDF] on November 30, 2007. This item is FCC 07-120 in CS Docket No. 98-120. See, notice in the Federal Register, February 1, 2008, Vol. 73, No. 22, at Pages 6099-6101, and story titled "FCC Adopts R&O and Further NPRM Regarding Cable Carriage of Digital Broadcast TV Signals" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007.

Deadline to submit comments or original research to the Federal Trade Commission (FTC) related to its workshop titled "Beyond Voice: Mapping the Mobile Marketplace" to be held on May 6-7, 2008. See, notice.

The House will not meet.

The Senate will not meet.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Sprint Nextel v. FCC, App. Ct. No. 07-1416. Judges Ginsburg, Sentelle and Brown will preside. This is a petition for review of the Federal Communications Commission's (FCC) Third Memorandum Opinion and Order in its proceeding titled "Improving Public Safety Communications in the 800 MHz Band". See, FCC's brief [PDF]. Location: Location: 333 Constitution Ave., NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Practice Committee will host a lunch titled "Reflections on Spectrum Policy: The Licensed vs. Unlicensed Debates". The speakers will be David Donovan (Association for Maximum Service Television), Paul Kolodzy, Jonathan Nuechterlein (Wilmer Hale), and Ben Scott (Free Press). Location: Sidley Austin, 1501 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Practice Committee will host a brown bag lunch titled "Intellectual Property Issues on Capitol Hill". The speakers will be Ryan Triplette (office of Sen. Arlen Specter (R-PA)), Jennifer Schneider (office of Rep. Rick Boucher (D-VA)), and Aaron Cooper (Senate Judiciary Committee staff). Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

1:00 - 4:00 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 - 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?

TIME? The National Institute of Standards and Technology (NIST) will host a closed conference titled "FIPS 140-3: Software Security Workshop". See, notice. Location: NIST, Lecture Room B, 100 Bureau Drive, Building 101, Gaithersburg, MD.