3/21. Google filed a comment [6 pages in PDF] on March 21, 2008, with the Federal Communications Commission (FCC) regarding use of unlicensed devices in unused television spectrum, which is also known as white space.

It began with the observations that "the vast majority of viable spectrum in this country simply goes unused, or else is grossly underutilized. ... The unique qualities of the TV white space -- unused spectrum, large amounts of bandwidth, and excellent propagation characteristics -- offer a once-in-a-lifetime opportunity to provide ubiquitous wireless broadband access to all Americans."

Google wrote that "Coupled with the ``Android´´ open source platform for mobile consumer devices, TV white spaces can provide uniquely low-cost mobile broadband coverage for all Americans. As announced last fall, over thirty other companies are working with Google through the Open Handset Alliance to develop a fully open source software stack, including the operating system, middleware, and user applications. Android-powered handsets should begin appearing commercially later this year, and would be an excellent match for the TV white space."

See, story titled "Open Handset Alliance Announces Android and New Members" in TLJ Daily E-Mail Alert No. 1,670, November 6, 2007.

Google argued that Motorola's two part proposal for "a combination of geo-location (to protect broadcast TV) and beacons (to protect wireless microphones)", along with a safe harbor approach, "should be seriously considered for incorporation into the FCC’s service requirements for the spectrum". (Parentheses in original.)

See, Motorola's February 28, 2008, filing [10 pages in PDF] and October 18, 2007, filing [46 pages in PDF].

Google added that "Under our own enhanced protection proposal, a TV white space device will not transmit on a channel until it first has received an ``all clear´´ signal for that channel, either directly from a database of licensed transmitters in that area, or from a geo-located device with access to that database."

Google also wrote that under the safe harbor proposal, no TV white space device would be permitted to transmit in channels 36-38.

The National Association of Broadcaster's (NAB) Dennis Wharton stated in a release that "We are pleased that Google now seems to realize that spectrum sensing alone won't protect viewers against interference from unlicensed devices. Unfortunately, simply adding geolocation and beacon sensing does not mean that mobile operation is suddenly feasible. Portable, mobile personal device operation in the same band as TV broadcasting continues to be a guaranteed recipe for producing interference and should not be allowed under any circumstances."

Google also commented on the NAB's opposition, without mentioning it by name. "It is an unfortunate, yet not surprising, fact that some entities prefer the comfort of the past to the promise of the future, and use their influence to convince policymakers to protect legacy applications -- at any and all costs. Technological innovation, and the significant changes it brings, can be a scary prospect for some. But it should not be the government’s role to protect the status quo, especially by blocking access to the new."

Background. The FCC opened this white space proceeding in 2004. See, story titled "FCC Adopts NPRM Regarding Unlicensed Use of Broadcast TV Spectrum" in TLJ Daily E-Mail Alert No. 898, May 14, 2004; and story titled "FCC Releases NPRM Regarding Unlicensed Use of TV Spectrum" in TLJ Daily E-Mail Alert No. 905, May 26, 2004.

The FCC adopted a Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) in this proceeding on October 12, 2006. It released the text on October 18, 2006. This item is FCC 06-156 in ET Docket Nos. 04-186 and 02-380. See, story titled "FCC Adopts Order and FNPRM Regarding TV White Space" in TLJ Daily E-Mail Alert No. 1,467, October 12, 2006.

The R&O concluded that "fixed low power devices" can be allowed to operate on certain unused TV channels. The FNPRM requested comments pertaining to whether personal/portable devices can operate in any of the TV channels without causing harmful interference, and other issues.

See also, the FCC's Office of Engineering and Technology's (OET) report [86 pages in PDF] titled "Initial Evaluation of the Performance of Prototype TV-Band White Space Devices" and report [28 pages in PDF] titled "Direct-Pickup Interference Tests of Three Consumer Digital Cable Television Receivers Available in 2005".

3/21. The CTIA submitted a comment [5 pages in PDF] on March 21, 2008, to the Federal Communications Commission (FCC) regarding unlicensed devices in unused television spectrum. It urges a licensed approach for much of the TV white space.

It suggested that the FCC "adopt an areawide licensing approach, subject to auction, for a majority of the TV band, while reserving a portion of the spectrum to continue the study of unlicensed uses."

It argued that "A licensed approach will put this promising spectrum to use within an access regime that provides for accountability. The licensed wireless community would welcome an opportunity to engage in meaningful dialogue with incumbent users to identify appropriate interference protection rules."

It also argued that the just closed Auction 73 "reaffirms the demonstrated and growing demand for additional licensed spectrum to facilitate provision of wireless broadband services. A licensed approach offers protections that incent investment necessary to deploy wide area systems with robust and reliable service, and the TV white space offers a promising opportunity for these new services."

Third, the CTIA wrote that "while the Commission must recognize legitimate concerns expressed by several parties regarding an interference protection regime based solely on novel engineering solutions, we recognize that unlicensed proponents have a strong interest in the TV white space. We therefore propose that the Commission preserve a portion of the white space pending future study, and adopt an unlicensed spectrum access policy for that spectrum only after thoroughly addressing the engineering issues involved."

3/25. Google, MySpace and Yahoo announced that the three companies "they have agreed to form the OpenSocial Foundation to ensure the neutrality and longevity of OpenSocial as an open, community-governed specification for building social applications across the web". See, Google release and substantially identical Yahoo release.

They wrote that "Yahoo!’s support of OpenSocial and role as a founding member of the new foundation are landmarks for the rapidly growing specification which will now offer developers the potential to connect with more than 500 million people worldwide."

Google's OpenSocial web page "defines a common API for social applications across multiple websites. Built from standard JavaScript and HTML, developers can create apps with OpenSocial that access a social network's friends and update feeds. By using a common API, developers can extend the reach of their applications more quickly, yielding more functionality for users."

The companies also stated that the OpenSocial Foundation "will be an independent non-profit entity with a formal intellectual property and governance framework; related assets will be assigned to the new organization by July 1, 2008. The foundation will provide transparency and operational guidelines around technology, documentation, intellectual property, and other issues related to the evolution of the OpenSocial platform, while also ensuring all stakeholders share influence over its future direction."

3/24. The House Commerce Committee (HCC) announced in a release that it will investigate the Department of Health and Human Services (HHS) and National Institutes of Health (NIH) regarding "the theft of a government laptop containing sensitive medical information of 2,500 patients enrolled in an NIH study."

The HCC added that the NIH delayed almost a month in notifying affected patients, and that "medical information contained on the laptop was not encrypted, in violation of the government’s data-security policy".

Rep. Bart Stupak (D-MI), Chairman of the HCC's Subcommittee on Oversight and Investigations, stated in this release that "It is troubling that yet another government agency has failed to protect their computers", and that "The theft of a government laptop from an NIH employee and the subsequent mishandling of the situation raise serious questions about the agency’s commitment to data security."

No date has been set for the hearing.

3/26. President Bush announced his intent to designate Federal Trade Commission (FTC) Commissioner William Kovacic to be Chairman of the FTC. He will replace Deborah Majoras. See, White House release and statement by Majoras. Since Kovacic is already a Commissioner, the designation does not require Senate confirmation. However, this leaves open a Republican position on the Commission. Majoras will go to work for Proctor & Gamble.

3/26. President Bush announced his intent to nominate Ellen Terpstra to be Chief Agricultural Negotiator in the Office of the U.S. Trade Representative (OUSTR). She is currently Deputy Under Secretary of Farm and Foreign Agricultural Services at the Department of Agriculture. See, White House release.

3/20. Rod Beckstrom was named Director of the Department of Homeland Security's (DHS) National Cyber Security Center (NCSC). See, statement by Michael Chertoff.

3/26. The Community Broadcasters Association (CBA) filed in the U.S. Court of Appeals (DCCir) a petition for writ of mandamus to the Federal Communications Commission (FCC). The CBA, which represents low-power TV stations and translators, seeks to block "the marketing of DTV converter boxes that block analog signals". Gary Shapiro, head of the Consumer Electronics Association (CEA), stated in a release that the "CEA is amazed that this group which stood silently while broadcasters, the electronics industry and government successfully implemented the DTV transition is now trying an 11th hour litigation strategy to freeze the entire nation in analog. Now, as cover for its refusal to shift to DTV, CBA wants to impose new costs on millions of Americans who do not rely on or use their service. This is an irresponsible lawsuit, as was CBA's advertising calling the government program a ``scam´´. CBA should act in the national interest and either shift to digital or promote the several converter box models with analog pass-through that already provide the solution CBA seeks. Instead, CBA would block the DTV transition, threaten $20 billion in analog auction revenue, waste billions of dollars in sunk investment and force consumers to spend much more to buy converter boxes."

3/26. Motorola announced in a release that its Board of Directors "has commenced a process to create two independent, publicly-traded companies." That is, it will form a mobile devices company, and a broadband and mobility solutions company.

3/24. The Supreme Court denied certiorari in Masters v. Screen Actors Guild. See, Orders List [11 pages in PDF] at page 4. This lets stand the nonprecedential opinion [2 pages in PDF] of the U.S. Court of Appeals (9thCir), which affirmed the judgment of the U.S. District Court (CDCal), which dismissed William Masters' complaint. The Screen Actors Guild (SAG) rejected Masters' application for membership. He then filed a pro se complaint challenging the SAG's bylaws. The District Court held that he lacked standing. This case is William Masters v. SAG, Supreme Court of the U.S., Sup. Ct. No. 07-8861, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 06-56265. The Court of Appeals heard an appeal from the U.S. District Court for the Central District of California, D.C. No. 2:2005cv06553.

3/21. The Department of the Treasury (DOT) published a notice in the Federal Register that announces, describes, recites, and sets the effective date (March 21, 2008) for, a new section of its Committee on Foreign Investment in the United States (CFIUS) rules. The new rule provides that "In circumstances when the Committee sends a report to the President requesting the President's decision upon completion or termination of an investigation, such report shall include information relevant to subparagraph (d)(4) of section 721, and shall present the Committee's recommendation. If the Committee is unable to reach a decision to present a single recommendation to the President, the Chairman shall submit a report of the Committee to the President setting forth the differing views and presenting the issues for decision." Last year the Congress passed, and President Bush signed, HR 556 [LOC | WW], the "Foreign Investment and National Security Act of 2007", Public Law No. 110-49, which amends Section 721 of the Defense Production Act of 1950 regarding CFIUS procedure. See, Federal Register, March 21, 2008, Vol. 73, No. 56, at Pages 15078-15079.

3/20. The National Telecommunications and Information Administration (NTIA) released a document [248 pages in PDF] titled "Spectrum Management for the 21st Century: The President's Spectrum Policy Initiative: Federal Strategic Spectrum Plan". See also, NTIA release.

3/20. The Federal Communications Commission (FCC) published a notice in the Federal Register that sets the effective date (March 20, 2008) of its rules requiring information collection pertaining to interconnected voice over internet protocol (VOIP) services. See, Federal Register, March 20, 2008, Vol. 73, No. 55, at Page 14941-14942. This relates back to the FCC's Report and Order (R&O) extending its disability access and program support rules to providers of interconnected VOIP services. The FCC adopted this R&O on May 31, 2007. It is FCC 07-110 in CG Docket No. 03-123. See also, story titled "FCC Extends Disability Access Rules to Interconnected VOIP Providers" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007.

3/20. The Department of Defense (DOD) published a notice in the Federal Register that announces that it is extending the charter of the Defense Science Board (DSB). This notice states that the DSB "will ensure the identification of new technologies and new applications of technology in those areas to strengthen national security". See, Federal Register, March 20, 2008, Vol. 73, No. 55, at Pages 14968-14969.

3/19. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register that announces, describes, and sets the comment deadline (June 17, 2008) for, its Notice of Inquiry related to its rules regulating crime control exports. These rules cover police and military hardware, such as helmets, shields, and guns. However, these rules also regulate the export of some computers and software. See, Federal Register, March 19, 2008, Vol. 73, No. 54, at Pages 14769-14770.

The House will not meet.

The Senate will not meet.

8:30 AM. Day one of a two day partly closed meeting of the National Science Foundation's (NSF) National Science Board. The agenda includes, among other items, discussions of science and engineering indicators, "Next Generation STEM Innovators", and high performance computing. See, notice in the Federal Register, March 21, 2008, Vol. 73, No. 56, at Pages 15222-15223. Location: NSF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

10:15 AM. Secretary of the Treasury Henry Paulson will give a speech. Location: U.S. Chamber of Commerce, 1615 H St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) HLS/Emergency Communications Committee will host a brown bag lunch titled "The 700 MHz D-block Auction: Where Do We Go From Here?" The speaker will be Jessica Zufolo (Medley Global Advisors). Location: Wilmer Hale, 1875 Pennsylvania Ave., NW.

6:30 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "Happy Hour". For more information, contact: Stefanie Zalewski at sazalewski at mintz dot com, Chris Bjornson at crbjornson at mintz dot com, Angela Collins at afcollins at mintz dot com, Tarah Grant at tsgrant at hhlaw dot com. Location: Bar Louie, 701 7th St., NW.

Day one of a three day conference of the ABA Section of Antitrust Law. See, conference web site and brochure [3 MB in PDF]. Locations: JW Marriott Hotel and National Press Club.

Deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Inquiry (NOI) regarding the meaning of the Copyright Act's term "cable system", and issues related to the phantom signal phenomenon. See, notice in the Federal Register, December 12, 2007, Vol. 72, No. 238, at Pages 70529-70540, and story titled "Copyright Office Issues Notice of Inquiry Regarding Cable Systems" in TLJ Daily E-Mail Alert No. 1,688, December 13, 2007.

The House will not meet.

The Senate will not meet.

8:30 AM. Day two of a two day partly closed meeting of the National Science Foundation's (NSF) National Science Board. The agenda includes, among other items, discussions of science and engineering indicators, "Next Generation STEM Innovators", and high performance computing. See, notice in the Federal Register, March 21, 2008, Vol. 73, No. 56, at Pages 15222-15223. Location: NDF, Room 1235, 4201 Wilson Blvd., Arlington, VA.

9:00 AM - 5:00 PM. The National Aeronautics and Space Administration's (NASA) National Space-Based Positioning, Navigation, and Timing Advisory Board will meet. See, notice in the Federal Register, March 6, 2008, Vol. 73, No. 45, at Page 12221. Location: Embassy Suites Hotel, 1250 22nd St., NW.

Day two of a three day conference of the ABA Section of Antitrust Law. See, conference web site and brochure [3 MB in PDF]. Locations: JW Marriott Hotel and National Press Club.

Deadline to submit nominations to National Institute of Standards and Technology (NIST) for appointment to the NIST's Technology Innovation Program Advisory Board. See, notice in the Federal Register, March 12, 2008, Vol. 73, No. 49, at Page 13209.

The House will not meet.

The Senate will not meet.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Judicial Practice Committee will host a brown bag lunch titled "Meet the New FCC General Counsel". The speaker will be Matthew Berry (General Counsel of the Federal Communications Commission). Location: Wiley Rein, 1776 K St., NW.

Day three of a three day conference of the ABA Section of Antitrust Law. See, conference web site and brochure [3 MB in PDF]. Locations: JW Marriott Hotel and National Press Club.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding cable and broadcast attribution rules. The FCC adopted this item on December 18, 2007, and released the text on February 11, 2008. It is FCC 07-219 in MM Docket No. 92-264. See, notice in the Federal Register, February 27, 2008, Vol. 73, No. 39, at Pages 10411-10415.

The House will return from its two week March recess. Votes will be postponed at least until 6:30 PM. See, Rep. Hoyer's 2008 calendar [4.25 MB PDF].

The Senate will return from its March recess. See, Senate 2008 calendar.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "The Role of In-House Counsel". The speakers will be Anna Gomez (VP for Government Affairs of Sprint Nextel), Byron Marchant (EVP/GC of BET Networks), Tom Nathan (SVP and Deputy GC of Comcast Cable Communications), and Mike Plantamura (VP/GC of Radio One). RSVP to Micah Caldwell at mcaldwell at fh-law dot com. For more information, contact Micah Caldwell, Chris Fedeli at chrisfedeli at dwt dot com or Tarah Grant at tsgrant at hhlaw dot com). Location: Davis Wright Tremaine, 2nd floor, 1919 Pennsylvania Ave., NW.

TIME? The Information Technology Association of America (ITAA) will host an event titled "Beyond the Beltway 2008: State & Local Government IT Market Watch". See, notice. For more information, contact Michael Kerr at mkerr at itaa dot org or 703-284-5324. Location: The Ritz-Carlton, Tysons Corner, VA.

The Office of the US Trade Representative (OUSTR) is scheduled to conclude it review of compliance with telecommunications trade agreements. See, notice in the Federal Register, November 19, 2007, Vol. 72, No. 222, at Pages 65109-65111.

Effective date of the Federal Communications Commission's (FCC) final rule establishing cable horizontal and vertical ownership limits. See, FCC's Fourth Report and Order adopted December 18, 2007, and released on February 11, 2008. It is FCC 07-219 in MM Docket No. 92-264. See also, notice in the Federal Register, February 29, 2008, Vol. 73, No. 41, at Pages 11048-11050.

Effective date of the Department of Homeland Security (DHS) REAL ID Act regulations. The DHS released its REAL ID Act rules on January 11, 2008. The DHS published its notice in the Federal Register announcing, describing, and reciting these rules on January 29, 2008. See, Federal Register, January 29, 2008, Vol. 73, No. 19, at Pages 5271-5340. See also, story titled "DHS Releases REAL ID Regulations" in TLJ Daily E-Mail Alert No. 1,699, January 14, 2008.

First of three deadlines for the Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) to comply with the request of Rep. John Dingell (D-MI), Chairman of the House Commerce Committee (HCC), and Rep. Ed Markey (D-MA), Chairman of the HCC's Subcommittee on Telecommunications and the Internet, for a series of three written status reports on whether the FCC and NTIA anticipate that additional funds will be needed for the DTV transition converter box coupon program. See, March 5, 2008, letter [3 pages in PDF].

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding leased commercial access. The FCC adopted this NPRM on November 27, 2007, and released the text on February 1, 2008. This NPRM is FCC 07-208 in MB Docket No. 07-42. See, story titled "FCC Adopts R&O a nd FNPRM Regarding Commercial Leased Access" in TLJ Daily E-Mail Alert No. 1,680, November 30, 2007. See also, notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, Pages 10732-10738.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding the proposed establishment of an accreditation program for laboratories that perform biometric testing including interoperability, performance, and conformance using internationally recognized standards developed by the American National Standards Institute (ANSI), NIST, and by the International Committee for Information Technology Standards (INCITES). See, notice in the Federal Register, February 29, 2008, Vol. 73, No. 41, at Page 11093.

9:00 AM - 1:00 PM. The Federal Trade Commission's (FTC) Bureau of Consumer Protection will host a roundtable discussion on phishing education. See, notice. Location: FTC: Conference Center, 601 New Jersey Ave., NW.

9:00 AM - 12:00 NOON. The Federal Communications Commission (FCC) will host an event titled "Digital Television (DTV) Consumer Education Workshop". The FCC notice [PDF] states also that this event will focus on "low-income consumers". Location: FCC, Commission Meeting Room, 445 12th, St., SW.

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 meet to prepare advice on submission of contributions to CITEL PCC.II. (This is the Organization of American States Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II (PCC.II). See, notice in the Federal Register, February 28, 2008, Vol. 73, No. 40, at Page 10854. Location: FCC, 445 12th St., SW.

6:00 - 9:15 PM. The DC Bar Association will host part one of a two part program titled "Preserving Intellectual Property Rights in Government Contracts Series: A Beginner's Guide". The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. See, notice. This event qualifies for continuing legal education (CLE) credits. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Deadline to submit to the Internal Revenue Service (IRS) applications for membership on the IRS's Electronic Tax Administration Advisory Committee (ETAAC). See, notice in the Federal Register, February 8, 2008, Vol. 73, No. 27, at Pages 7630-7631.

9:00 AM - 1:45 PM. The American Enterprise Institute (AEI) will host an event titled "The Debate Over Network Management: An Economic Perspective". There will be two panels, and a lunch. The first panel (at 9:15 AM) is titled "Management of Wireline Networks". The speakers will be Robert Crandall (Brookings Institution), Nicholas Economides (New York University), Jonathan Nuechterlein (Wilmer Hale), Jon Peha (Carnegie Mellon University). The second panel (at 10:45 AM) is titled "Management of Wireless Networks". The speakers will be Michael Calabrese (New America Foundation), Hal Singer (Criterion Economics), Christopher Yoo (University of Pennsylvania), and Harold Furchtgott-Roth. Lunch will be served at 12:00 NOON. The speaker will be Thomas Hazlett (George Mason University). See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "International Science and Technology Cooperation". The witnesses will be John Marburger (Director of the Office of Science and Technology Policy), Arden Bement (Director of the National Science Foundation), Nina Fedoroff (Department of State), Jeff Miotke (Department of State), and Michael O’Brien (NASA). Location: Room 2318, Rayburn Building.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Cyberspace Practice Committee will host a brown bag lunch titled "The Future of Voice and Video and Communications in an Internet-Enabled World". The speakers will be Jonathan Askin, Shelly Palmer (Advanced Media Ventures Group), Lowell Feldman (Feature Group IP), John Hane (Pillsbury Winthrop), and Craig Walker (Google). Location: Pillsbury Winthrop, 2300 N St., NW.

Day one of a three day conference hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriot Hotel.

The Consumer Electronics Association (CEA) will host an event titled "Digital Patriots Dinner". Location: JW Marriot Hotel.

March 26-28.

There will be a conference titled "2nd annual Tech Policy Summit". The speakers will include Rep. Howard Berman (D-CA), FCC Commissioner Robert McDowell, and Robert Atkinson (ITIF). See, conference web site. Location: Renaissance Hollywood Hotel, California.

Thursday, March 27.

9:10 AM. Alan Holmer, Special Envoy for China and the Strategic Economic Dialogue at the Department of the Treasury, will give a speech titled "U.S. China Economic and Commercial Relationship and the Strategic Economic Dialogue". Location: Fort Mitchell Country Club, 250 Fort Mitchell Ave., Fort Mitchell, Kentucky.

1:00 PM. David McCormick, Under Secretary for International Affairs at the Department of Treasury, will give a speech to the Japan Society. Location: 333 East 47th St., New York, New York.

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