Tech Law Journal Daily E-Mail Alert
March 27, 2008, Alert No. 1,738.
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Comcast and BitTorrent Reach Accord on Network Management Practices

3/27. Comcast and BitTorrent announced that "they will undertake a collaborative effort with one another and with the broader Internet and ISP community to more effectively address issues associated with  rich media content and network capacity management." See, Comcast release and substantially identical BitTorrent release.

Also, the two companies stated that there is no need for government intervention. The FCC is currently considering a request for intervention. On November 1, 2007, the Free Press (FP) and Public Knowledge (PK) filed with the Federal Communications Commission (FCC) a document [48 pages in PDF] captioned "Formal Complaint of Free Press and Public Knowledge Against Comcast Corporation For Secretly Degrading Peer-to-Peer Applications".

The complaint 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. 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 5, 2007.

The FCC adopted its "Policy Statement" on August 5, 2005. It is FCC 05-151. See also, 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 [3 pages in PDF] on September 23, 2007. See, story titled "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005.

The releases of Comcast and BitTorrent state that Comcast "will migrate by year-end 2008 to a capacity management technique that is protocol agnostic".

The releases continue that "In turn, BitTorrent acknowledged the need of ISPs to manage their networks, especially during times of peak congestion."

Also, "BitTorrent and Comcast have also agreed to work with other ISPs, other technology companies, and the Internet Engineering Task Force, to explore and develop a new distribution architecture for the efficient delivery of rich media content."

Finally, the releases state that "Both BitTorrent and Comcast expressed the view that these technical issues can be worked out through private business discussions without the need for government intervention."

The releases do not disclosure whether or not Comcast and BitTorrent have entered into any contract regarding this topic.

All five Commissioners released statements in which they expressed pleasure in the just announced accord. However, they differed as to how the FCC should now proceed. McDowell made the strongest statement against government intervention. Tate suggested opposition to government intervention. Martin and Adelstein did not express an opinion. Copps argued for a continuing FCC role.

Chairman Kevin Martin wrote in a statement [PDF] that "I am pleased that Comcast has reversed course and agreed that it is not a reasonable network management practice to arbitrarily block certain applications on its network. I also commend the company for admitting publicly that it was engaging in the practice and now engaging in a dialog with BitTorrent."

He added that "I am concerned, though, that Comcast has not made clear when they will stop this discriminatory practice." However, he expressed no opinion as to whether the FCC should adopt network management practice rules.

Commissioner Deborah Tate wrote in a statement [PDF] that "I have consistently favored competition and market forces rather than government regulation across all platforms and especially in this dynamic, highly-technical marketplace." She added that "I look forward to even more collaborative, industry-based solutions, which are often the most effective and efficient means of resolving complex, technical network disputes."

Commissioner Robert McDowell wrote in a statement that "it is precisely this kind of private sector solution that has been the bedrock of Internet governance since its inception. Government mandates cannot possibly contemplate the myriad complexities and nuances of the Internet market place. The private sector is the best forum to resolve such disputes. Today's announcement obviates the need for any further government intrusion into this matter."

Commissioner Michael Copps wrote in a statement that "Today’s announcement confirms my belief that the FCC needs to play a proactive role in preserving the Internet as a vibrant place for democratic values, innovation and economic growth. If it had not been for the FCC’s attention to this issue earlier this year, we would not be having the conversation that we are having now among network operators, edge content providers, consumers and government about the best way to implement reasonable network management."

And, he wrote that "the FCC can come up with clear rules".

Commissioner Jonathan Adelstein wrote in a statement that "We will need to learn more details about the recent agreement between BitTorrent and Comcast, but it is encouraging that broadband providers are listening to the chorus of consumer calls for open and neutral broadband Internet access."

FCC Releases DBS HD Carry One Carry All Order

3/27. The Federal Communications Commission (FCC) released the text [34 pages in PDF] of its Second Report and Order, Memorandum Opinion, and Second Further Notice of Proposed Rulemaking in its proceeding titled "In the Matter of Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission’s Rules; Implementation of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues and Retransmission Consent Issues".

FCC Chairman Kevin Martin explained in his statement [PDF] associated with this order that "Last fall, the Commission adopted an order that guarantees that all cable customers will be able to watch all broadcast stations after the digital transition. Specifically, the Commission took action to ensure cable operators continue to make signals of all broadcast stations viewable after the transition, as the statute requires. As a result, we significantly reduced the number of Americans potentially needing a converter box to watch broadcast stations post-transition. Thus, the Commission made sure the 34 million households that subscribe to analog cable will be able to continue to watch broadcast television after the transition as they did the day before. This allowed the Commission to focus its energies on assisting the over 14 million households that rely exclusively on over-the-air signals."

See, 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. The FCC adopted that item on September 11, 2007, and released the text [68 pages in PDF] on November 30, 2007. That item is FCC 07-170 in CS Docket No. 98-120.

Martin continued, "Today, the Commission adopts an order that will enable satellite subscribers to receive digital broadcast signals, as well."

This item states that "we amend the rules to require satellite carriers to carry digital-only stations upon request in markets in which they are providing any local-into-local service pursuant to the statutory copyright license, and to require carriage of all high definition (``HD´´) signals in a market in which any station’s signals are carried in HD." (Footnote omitted.)

It continues that "In recognition of the capacity and technological constraints faced by satellite carriers, the latter requirement will be phased-in over a four-year period. These decisions are consistent with Section 338 of the Act’s instructions that the Commission implement comparable, rather than identical, carriage rules between cable and direct broadcast satellite (``DBS´´), and is supported by the record in this proceeding."

The Further Notice of Proposed Rulemaking (FNPRM) portion of this item seeks comment on the application of the statutory requirement for nondiscriminatory treatment in carriage of standard definition (SD) and HD signals.

FCC Commissioner Michael Copps supported this order, but lamented. He wrote in his statement [PDF] that "This item acts on a Further Notice of Proposed Rulemaking pending since 2001. In January 2003, Echostar briefed the FCC in detail about the potential technical impact of a local HD carriage requirement; DirecTV made a similar presentation to the FCC in October 2004. Had we taken proactive steps then, we might find ourselves in a very different factual circumstance than we find ourselves today. DirecTV, for instance, is scheduled to launch its D-11 satellite this week and its D-12 satellite in 2009. Some of this new capacity will be used for national HD service and some will provide local HD service via spot beams. The spot beams for these satellites have all been designed and cannot now be changed. Thus, DirecTV asserts -- and Echostar makes a similar case -- that it must design, build and launch at least one additional satellite in order to comply with today’s HD mandate -- hence the four-year timetable."

"Had we acted earlier, could DirecTV and Echostar have designed their satellites differently in order to permit full local HD carriage before 2013? We may never know. One thing we do know is that, by waiting to act, we have rendered the question moot", said Copps.

The FCC adopted this on March 19, 2008. This item is FCC 08-86 in CS Docket No. 00-96.

FCC Order Cites Wikipedia

3/27. The Federal Communications Commission (FCC) released the text [34 pages in PDF] of an order, opinion, and notice of proposed rulemaking that, among other things, orders direct broadcast satellite (DBS) operators to carry each station in a local market on the same terms, including carriage of high definition (HD) signals in HD format, if any broadcaster in the same market is carried in HD. See, related story in this issue titled "FCC Releases DBS HD Carry One Carry All Order".

This order, at footnote 30, cites as an authority a web page in the Wikipedia web site titled "Quadrature amplitude modulation", which is also known as QAM.

There are justifications for decision makers to reasonably base their decisions upon inherently unreliable, anonymous, out of proceeding and/or ex parte statements. However, these justifications usually relate to circumstances in which the statement is not relied upon for the truth of the matters asserted therein. Yet, the FCC order cited the Wikipedia QAM article as authority for the truth of the matters asserted therein.

Footnote 30. The FCC order states, at paragraph 9, that "As cable providers transition from providing analog signals to providing digital standard definition and high definition signals, they realize significant benefits in spectrum efficiency. Where a cable operator previously carried a single analog standard stream, post-transition they potentially carry ten digital standard definition streams, two high definition streams, or some combination of standard and high definition streams."

This is supported with footnote 30. This footnote states, in full, as follows: "Utilizing analog carriage of standard definition signals, a single programming stream consumes 6 MHz of a cable operator’s bandwidth. Using MPEG 2 compression, a standard definition program stream is generally compressed to a bitrate of approximately 4 Mbps (million bits per second). Using MPEG 2 compression, a high definition program stream is generally compressed to a bitrate of approximately 12 to 15 Mbps. The use of MPEG 4 compression would provide similar quality program streams at a lower bitrate, however, as MPEG4 is not yet widespread, generalizing on the use of MPEG 2 provides a reasonable, conservative estimate. Cable operators generally employ either 64 QAM (quadrature amplitude modulation) or 256 QAM encoding for digital service, which in 6 MHz provides either 28 Mbps or 38 Mbps (64 and 256 QAM respectively). Therefore, using 64 QAM, a cable operator could reasonably substitute one HD and several SD for a single analog SD program stream. See Cisco System, Bandwidth Optimization, available at http://www.scientificatlanta.com/ products/customers/ prod_bbaccess_Bandwidth_Mgmt-pg2.htm (visited Feb. 29, 2008). See also Wikipedia, Quadrature Amplitude Modulation, available at http://en.wikipedia.org/wiki/ Quadrature_amplitude_modulation (visited Feb. 29, 2008)."

A search of the FCC's comments database reveals that neither Cisco nor Wikipedia filed comments with the FCC in Docket No. 00-96.

Prior FCC Consideration of Wikipedia. The FCC does not have a history of citing and relying upon Wikipedia articles in rulemakings, adjudications, or other administrative processes.

On October 19, 2007, the FCC's Media Bureau released a Memorandum Opinion and Order (MO&O) in an obscure broadcast TV license renewal proceeding. This item is DA 07-4310. The MB denied a petition to deny the renewal. (The Media Bureau also handled the DBS order released on March 27, 2008.)

In the license renewal proceeding the FCC declined to consider a citation to a Wikipedia article in the petition to deny.

The MO&O states that "news reports, whether from newspapers or the Internet, and Wikipedia citations are not in any way statements supported by affidavits made by individuals with personal knowledge of the facts alleged. Wikipedia, in particular, states on its site that it ``cannot guarantee the validity of the information found here.´´ Therefore, we will not consider those materials in reaching our decision here."

Wikipedia. Wikipedia operates a free access web site that it describes as a "free encyclopedia". It is based upon material submitted by largely anonymous and unscreened persons.

Wikipedia states that "Visitors do not need specialized qualifications to contribute". It states that "articles can be edited by anyone with access to the Internet, simply by clicking the edit this page link".

Wikipedia further states that its articles "may contain false or debatable information", that "Allowing anyone to edit Wikipedia means that it is more easily vandalized or susceptible to unchecked information", and that "Wikipedia's coverage of subjects is patchy, based on the whims of its volunteer contributors".

Wikipedia further states that "Many contributors do not yet comply fully with key policies, or may add information without citable sources" and that "articles and subject areas sometimes suffer from significant omissions".

Wikipedia also publishes numerous warnings. For example, "Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information."

And there is this. "Wikipedia cannot guarantee the validity of the information found here. The content of any given article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the relevant fields."

It also provides this warning: "all information read here is without any implied warranty of fitness for any purpose or use whatsoever".

In addition to the reliability of Wikipedia articles, there is the matter of its anonymity. Anyone can edit an article without disclosing their identity, qualifications, or affiliations. Wikipedia identifies many editors only by the internet protocol (IP) that they used to access the Wikipedia web site.

Wikipedia does enable users to obtain a list of other Wikipedia articles edited by the user of that IP number. However, IP numbers might be assigned by an ISP solely for one internet session, and then continuously reassigned to other subscribers of that ISP.

Notably, for the QAM article cited by the FCC order, many of the editors are identified only by an IP number, and there are not other articles associated with that number. Readers of the QAM article cannot know who these authors are, who they represent, or what qualifications they might have.

Some Wikipedia contributors do disclose their identities. Some do not disclose identities, but provide some information about themselves. For example, for the QAM article relied upon by the FCC, one of the anonymous contributors revealed that he "loves cake" and "is an agnostic".

Administrative Process. If the FCC were to develop a pattern of relying upon Wikipedia articles in rulemakings, adjudications, or other administrative processes, this might then have several consequences, in addition to the questions of reliability addressed above.

For example, regulated entities and the groups that represent them, that are well organized to influence political processes, might engage in anonymous, and self-interested efforts to create and edit the articles that might be relied upon by the FCC's decision makers. Also, since the FCC is essentially an agency of lawyers, rather than engineers, technologists, scientists and other experts in the regulated fields, the FCC is particularly dependent on outside information.

This might further undermine the accuracy of the articles relied upon by the FCC. It might also diminish the transparency of the FCC's decision making processes.

In theory, the FCC operates in a transparent fashion. This official statement of transparency finds expression in numerous procedural laws, including the Administrative Procedure Act's (APA) rulemaking requirements (5 U.S.C. § 553), the APA's administrative adjudication requirements (5 U.S.C. § 554), the Open Meeting Act (5 U.S.C. § 552b), the Freedom of Information Act (5 U.S.C. § 552), and the FCC's procedural rules, including its ex parte communications rules [PDF].

Under this general theory, the FCC may hold hearings at which it receives testimony, provided that there is notice, and that they are open. The FCC must accept and consider written filings by interested parties. These filings must be a matter of public record, and subject to written rebuttals, which the FCC must accept and consider. The FCC must make certain decisions based upon items in its record. These decisions must be reduced to writing and made accessible to the public.

At least, this is the theory.

If the FCC were to regularly make decisions in reliance upon Wikipedia articles, which may in turn reflect the views of organized interests in FCC proceedings, these items would not be a part of the record, and other parties may not have adequate notice and opportunity to review and rebut them.

The articles may not only be unreliable and anonymous, they might also be a form of undisclosed ex parte communication.

This might unfairly prejudice certain parties. It might also deprive the FCC of the benefit of the rebuttal information that these parties might have provided in a more transparent process, and hence, decrease the quality of FCC's decisions.

But then, the FCC and regulated entities have developed many mechanisms for reducing the transparency of the FCC's activities and operations. Organized interests already have numerous strategies for creating and exploiting for their benefit information asymmetries in regulatory proceedings. Manipulation of Wikipedia content might represent at most a minor additional diminution of agency transparency.

Further Reading. On February 5, 2007, Daniel Solove, a law professor at George Washington University Law School, published an article titled "When Is It Appropriate to Cite to Wikipedia?"

In 2006, Roy Rosenzweig, a law professor at George Mason University, wrote an article titled "Can History be Open Source? Wikipedia and the Future of the Past".

On December 4, 2005, the New York Times published an article by Katharine Seelye titled "Snared in the Web of a Wikipedia Liar".

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Reaction to Comcast BitTorrent Accord

3/27. Various parties commented on Comcast's and BitTorrent's announcement on March 27, 2008, that they have reached an accord on broadband network management practices.

Dan Glickman, head of the Motion Picture Association of America (MPAA), stated in a release that this "agreement between BitTorrent and Comcast is exactly the kind of industry cooperation that is urgently needed to address the problem of online piracy. Movie and music theft on digital networks creates network congestion and impedes efforts by network operators, technology companies and content providers to deliver new, legal entertainment choices to consumers."

He added that "The MPAA has worked closely with technology companies and Internet service providers for some time on a range of issues in which we have a shared interest, particularly focusing on the fight to eliminate online copyright theft.  By continuing to work together toward solutions we can help ensure the further growth of a legitimate digital consumer content marketplace."

Randolph May, head of the Free State Foundation, and once an Associate General Counsel at the FCC, stated in a release that this announcement "is welcome news".

He continued that "This should be a strong signal to the FCC that it should refrain from embroiling itself in highly technical network management issues that are much better left to the private sector parties to resolve. This agreement shows there are incentives on all sides of the ‘two-sided’ or ‘multi-sided’ market to work cooperatively to achieve solutions that keep the Internet working smoothly."

Similarly, Tom Lenard of iGrowthGlobal, stated in a release that this Comcast/BitTorrent announcement "is yet additional evidence that that the broadband market is working in the interest of consumers. All networks need to be managed in some way, and the government should stay out of these highly technical issues in the absence of compelling evidence that government involvement will yield benefits for consumers. I am unaware that such evidence exists. Indeed, government involvement in these dynamic markets in the name of ``network neutrality´´ is likely to adversely affect the development of broadband networks and harm consumers."

iGrowthGlobal lists its "sponsors" as AT&T, Cisco, Verizon, and Yahoo.

In contrast, Gigi Sohn, head of the Public Knowledge (PK), stated in a release that "Over the last couple of weeks, we have seen announcements by Verizon and now Comcast that the companies are working to make peer-to-peer technologies work more smoothly. We applaud industry discussions and collaborations, but neither of these developments has any bearing on the complaint and petitions pending" before the FCC. "They are irrelevant."

She continued that "The FCC has the responsibility to protect the rights of consumers against discriminatory network management practices", and that  Any arrangements made now would not cover any future developments in blocking, throttling or filtering that any other companies may use." Hence, the FCC "should continue to reinforce its principles of Internet access".

See also, the February 13, 2007, comments [100 pages in PDF] and February 29, 2007, reply comments [62 pages in PDF] submitted to the FCC by the PK, Free Press, Media Access Project, Consumer Federation of America, Consumers Union, New America Foundation and Participatory Culture Foundation.

Also, Markham Erickson, of the Open Internet Coalition, stated in a release that this is "welcome news", but that "the FCC still needs to reinforce these efforts by establishing the basic rules of the road for BitTorrent users and all Internet consumers by defining permissible broadband network management practices".

Erickson argued that "Time and time again, when the telcos and cable companies engage in discriminatory behavior against certain types of speech and content -- as we've seen with AT&T, Verizon, and most recently with Comcast -- a familiar pattern emerges. First, a spotlight gets focused on the bad behavior. Then, when exposed, the companies state such action is within their power as network operators. After that, the FCC and Congress focus on these discriminatory acts, and finally, the companies do a U-turn and apologize. While it’s always a positive step when these companies admit the error of their ways, it's a bad way to run the Internet."

"As long as network operators can define, on their own terms, what applications can and cannot be used on the Internet, developers and investors face uncertainty about whether the next big thing will be allowed to have full functionality over broadband operators. We need the FCC to continue to examine this issue, and clearly and completely define proper network practices to foster an open and non-discriminatory Internet for both consumers and innovators", said Erickson.

There is also a related Petition for Rulemaking [20 pages in PDF] filed by Vuze, Inc. on November 14, 2007, that also goes to broadband network management practices.

Also, there is the FCC's proceeding titled "In the Matter of Broadband Industry Practices", numbered WC Docket No. 07-52.

Comments submitted to the FCC regarding Comcast and BitTorrent, and other requests for FCC regulation of network management practices, can be found at the FCC's Search for Filed Comments web page under proceeding number 07-52.

Washington Tech Calendar
New items are highlighted in red.
Friday, March 28

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.

2:00 PM. Alan Holmer (Special Envoy for China and the Strategic Economic Dialogue), will hold a pen and pad briefing on Henry Paulson's (Secretary of the Treasury) trip to the People's Republic of China on April 2-3. See, notice. Location: Department of the Treasury, Media Room (4121), 1500 Pennsylvania Ave., 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.

Monday, March 31

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.

Tuesday, April 1

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.

Wednesday, April 2

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.

Thursday, April 3

8:00 AM - 6:00 PM. The National Science Foundation's (NSF) Directorate for Mathematical and Physical Sciences Advisory Committee will meet. See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Page 12472. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

6:00 PM. Deadline for the winning bidders in Auction 73 to have on deposit with the Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover down payments on their winning bids. See, notice.

6:00 PM. Deadline for the winning bidders in Auction 73 to submit to the Federal Communications Commission (FCC) FCC Forms 601 and 602. See, notice.

6:00 PM. The anti-collusion period for Auction 73 ends. See, notice.

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the Recommended Decision of the Federal-State Joint Board on Universal Service, released on November 20, 2007, regarding comprehensive reform of high cost universal service taxes and subsidies. The FCC adopted this NPRM on January 15, 2008, and released the text on January 29, 2008. It is FCC 08-02 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11587-11591. See also, notice [PDF] of extension (DA 08-674).

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the use of reverse auctions to determine the amount of high cost universal service subsidies provided to eligible telecommunications carriers serving rural, insular, and high cost areas. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-05 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11591-11602. See also, notice [PDF] of extension (DA 08-674).

EXTENDED TO APRIL 17. Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to it Notice of Proposed Rulemaking (NPRM) regarding the FCC's rules governing the amount of high cost universal service subsidies provided to competitive eligible telecommunications carriers (ETCs). This NPRM also tentatively concludes that the FCC should eliminate the existing identical support rule, which is also known as the equal support rule. The FCC adopted this NPRM on January 9, 2008, and released the text on January 29, 2008. It is FCC 08-04 in WC Docket No. 05-337 and CC Docket No. 96-45. See, original notice in the Federal Register, March 4, 2008, Vol. 73, No. 43, at Pages 11580-11587. See also, notice [PDF] of extension (DA 08-674).

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

Friday, April 4

8:00 AM - 3:00 PM. The National Science Foundation's (NSF) Directorate for Mathematical and Physical Sciences Advisory Committee will meet. See, notice in the Federal Register, March 7, 2008, Vol. 73, No. 46, at Page 12472. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. The agenda includes digital television transition issues. See, FCC notice and notice in the Federal Register, March 17, 2008, Vol. 73, No. 52, at Page 14249. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

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