8/15. The Federal Communications Commission (FCC) released a document [PDF] titled "Commission Meeting Agenda" that relates to an FCC event scheduled for 10:00 AM on Friday, August 22, 2008.

This document lists three items. An FCC document [PDF] released on August 4, 2008, listed seven items. The three items that remain on the agenda pertain to the roaming obligations of CMRS carriers, carriage of digital television broadcast signals, and implementation of the "New and Emerging Technologies (NET) 911 Improvement Act of 2008".

The four items removed from the agenda relate to operation of wireless microphones in the 700 MHz band, the Universal Service Fund, Fireside Media and its participation in Auction No. 37, and a Notice of Apparent Liability for Forfeiture and Order for DTV Tuner Violation.

Roaming. The agenda states that the FCC may adopt a "Memorandum Opinion and Order on Reconsideration addressing petitions for reconsideration of the Report and Order" in WT Docket No. 05-265.

The FCC adopted its roaming order on August 7, 2007, and released the text [73 pages in PDF] on August 16, 2007. It is FCC 07-143 in WT Docket No. 05-265. It provides that CMRS carriers have roaming obligations as to Title II services. See also, story titled "FCC Adopts CMRS Roaming Order and NPRM" in TLJ Daily E-Mail Alert No. 1,623, August 15, 2007.

Various carriers then filed petitions for reconsideration. See, SpectrumCo's October 1, 2007, petition [18 pages in PDF], Sprint Nextel's October 1, 2007, petition [10 pages in PDF], T-Mobile USA's October 1, 2007, petition [9 pages in PDF], MetroPCS's October 1, 2007, petition [27 pages in PDF], and Leap Wireless's September 28, 2007, petition [26 pages in PDF].

See also, AT&T's November 6, 2007, opposition [16 pages in PDF] and SouthernLINC's November 6, 2007, opposition [27 pages in PDF].

For some recent filings with the FCC in this proceeding, see MetroPCS's August 14 notice [9 pages in PDF] of ex parte communication, T-Mobile USA's August 18 notice [5 pages in PDF] of ex parte communication, SprintNextel's August 15 notice [8 pages in PDF] of ex parte communication, and Public Knowledge's (PK) August 13, ex parte comment [10 pages in PDF].

VOIP 911 Regulation. The agenda states that the FCC may adopt a NPRM that requests public comments regarding "implementing the New and Emerging Technologies (NET) 911 Improvement Act of 2008".

On July 23, 2008, President Bush signed into law HR 3403 [LOC | WW], the "New and Emerging Technologies 911 Improvement Act of 2008". See, White House release.

This bill requires interconnected VOIP service providers to provide 911 and E911 services. The FCC had already mandated this by rulemaking in 2005, in a brutal and discriminatory fashion, and without a statute expressly giving the FCC authority. This bill creates a statutory basis. It affirms, revises, and further defines the legal framework begun by the FCC. It also requires the FCC to write further implementing regulations.

The FCC adopted its 911 VOIP order on May 19, 2005, and released the text [90 pages in PDF] on June 3, 2005. See story titled "FCC Releases VOIP E911 Order" in TLJ Daily E-Mail Alert No. 1,148, June 6, 2005. See also, stories titled "FCC Adopts Order Expanding E911 Regulation to Include Some VOIP Service Providers", "Summary of the FCC's 911 VOIP Order", "Opponents of FCC 911 VOIP Order State that the FCC Exceeded Its Statutory Authority", and "More Reaction to the FCC's 911 VOIP Order", in TLJ Daily E-Mail Alert No. 1,139, May 20, 2005.

DTV. The agenda states that the FCC may adopt a Fourth Report & Order that amends Part 76 of the FCC's rules regarding carriage of digital television broadcast signals. See, 47 C.F.R. Part 76. Subpart D pertains to carriage of television broadcast signals.

This event is scheduled for 10:00 AM on Friday, August 22, 2008, in the FCC's Commission Meeting Room, Room TW-C305, 445 12th Street, SW.

The FCC's recent events titled "Open Commission Meeting" have rarely been held at the time announced by the FCC. The FCC does not always take up all of the items on its published agenda. The FCC sometimes adds items to the program without providing the "one week" notice required 5 U.S.C. § 552b.

The FCC's events titled "Commission Meeting" or "Open Meeting" are not accurately described as meetings. The five Commissioners do not hold meetings. Rather, they periodically assemble in the same room to formally vote to adopt, and read prepared statements about, a select number of items that are discussed, debated, drafted, revised, and approved elsewhere, prior to and/or after the public event. The FCC does not release at its events copies of the items that it adopts at its events. This provides the Commissioners the opportunity to characterize their actions, without disclosing what actions they have actually taken, or will take.

8/15. The Federal Communications Commission (FCC) announced that it gave awards titled "Excellence in Economic Analysis" to six FCC employees: Kenneth Lynch, Mark Bykowsky, William Sharkey, Kiran Duwadi, Scott Roberts, and Andrew Wise. See, FCC release [PDF]

Lynch works in the FCC's Wireline Competition Bureau's (WCB) Industry Analysis and Technology Division (IATD). He is a co-author of a collection of papers [143 pages in PDF] published by the FCC titled "FCC Media Study 4: News Operations".

He wrote Section II, titled "Ownership Structure, Market Characteristics and the Quantity of News and Public Affairs Programming: An Empirical Analysis of Radio Airplay", at pages 42-85, dated July 30, 2007. He is also the author of the follow-up paper [7 pages in PDF] titled "Response to Peer Review of Study 4 Section II ``Ownership Structure, Market Characteristics and the Quantity of News and Public Affairs Programming: An Empirical Analysis of Radio Airplay´´", dated October 23, 2007.

Duwadi works in the FCC's International Bureau (IB). Roberts works in the FCC's Media Bureau (MB). Wise works in the FCC's MB.

They are the co-authors of the paper [23 pages in PDF] published by the FCC titled "Media Ownership Study Two: Ownership Structure and Robustness of Media".

Mark Bykowsky works in the FCC's Office of Strategic Planning and Policy Analysis (OSP). William Sharkey works in the FCC's WCB. They are co-authors with others of three papers published by the FCC in February of 2008 regarding spectrum licensing. See, paper [31 pages in PDF] titled "A Market-Based Approach to Establishing Licensing Rules: Licensed versus Unlicensed Use of Spectrum", paper [35 pages in PDF] titled "Modeling the Efficiency of Spectrum Designated to License Use and Unlicensed Operations", and paper [35 pages in PDF] titled "Enhancing Spectrum's Value via Market-Informed Congestion Etiquettes".

The first two were written by Bykowsky, Sharkey and Marc Olson, a professor at George Mason University (GMU). The third was written by Bykowsky, Sharkey, Olson, and Kenneth Carter, who previously worked at the FCC, and works for wik-Consult GmbH in Germany.

The House will not meet. It will return from its August recess on September 8.

The Senate will meet momentarily in pro forma session at 9:00 AM.

The Supreme Court will return on September 29, 2008. See, October Term 2008 calendar.

CANCELLED. 1:00 - 5:00 PM. The Department of Health and Human Services' (DHHS) American Health Information Community Consumer Empowerment Workgroup will meet. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Page 43937. Location: Room 1114, Switzer Building, 330 C St.,  SW.

The House will not meet.

The Senate not meet.

The House will not meet.

The Senate will not meet.

1:00 - 5:00 PM. The Department of Health and Human Services' (DHHS) American Health Information Community's (AHIC) Confidentiality, Privacy, & Security Workgroup may meet. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Page 43937. AHIC meetings are often noticed, but cancelled. Location: Room 1114, Switzer Building, 330 C St., SW.

The House will not meet.

The Senate will meet momentarily in pro forma session at 10:00 AM.

10:00 AM. The Federal Communications Commission (FCC) has scheduled an event titled "Open Meeting". See, document [PDF] titled in part "Commission Meeting Agenda", and story titled "FCC Revises Schedule for August 22 Event" in TLJ Daily E-Mail Alert No. 1,814, August 18, 2008. Location: FCC, Commission Meeting Room.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-121 [43 pages in PDF] titled "Guide to Bluetooth Security (Draft)".

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding post-reconfiguration 800 MHz band plans for the Puerto Rico region. See, notice in the Federal Register, July 14, 2008, Vol. 73, No. 135, at Pages 40274-40276.

Deadline to submit comments to the National Science Foundation's (NSF) Subcommittee on Networking and Information Technology Research and Development (NITRD) to assist it in preparing its five year strategic plan for the NITRD program. See, notice in the Federal Register, July 25, 2008, Vol. 73, No. 144, at Pages 43477-43478.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding assignment and administration of ten digit telephone numbers for internet based Telecommunications Relay Services (TRS). This item is FCC 08-151 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, July 18, 2008, Vol. 73, No. 139, at Pages 41307-41311.

8/14. Yahoo announced the election of Frank Biondi and John Chapple to its Board of Directors. Also, former Board member Robert Kotick resigned. These changes are part of the agreement between Yahoo and Carl Icahn. See, Yahoo release.

8/14. The Securities and Exchange Commission (SEC) announced that it settled a previously filed complaint [PDF] against Nancy Heinen, former General Counsel of Apple, in which it alleged violation of federal securities laws in connection with the backdating of stock options granted to Apple's top officers. Heinen admitted no wrongdoing, but agreed to pay $2.2 Million. See, SEC release.

8/13. The Federal Communications Commission (FCC) filed is brief [PDF] with the U.S. Court of Appeals (DCCir) in Cablevision Systems Corporation v. FCC, a petition for review of the FCC's order extending the exclusivity prohibition. This case is App. Ct. Nos. 07-1425 and 07-1487.

8/12. The Federal Communications Commission (FCC) filed is brief [PDF] with the U.S. Court of Appeals (DCCir) in M2Z Networks v. FCC, a petition for review of the FCC's rejection of M2Z's request for a free exclusive nationwide license to use spectrum in the 2155-2175 MHz band. M2Z proposed in return to provide wireless internet access to law enforcement, free access to certain consumers, and a higher level of service to paying subscribers, with 5% of revenues going to the federal government. See, stories titled "FCC Accepts for Filing M2Z's Application for Free Spectrum" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007, "Panel Debates M2Z Proposal" in TLJ Daily E-Mail Alert No. 1,541, February 21, 2007, and "FCC Dismisses M2Z's and NetfreeUS's Requests for 2155-2175 MHz Band Spectrum Licenses" in TLJ Daily E-Mail Alert No. 1,633, September 4, 2007. This case is App. Ct. Nos. 07-1630 and 07-1441.

7/31. Microsoft filed a patent related complaint with the U.S. International Trade Commission (ITC) against Primax Electronics. See, Microsoft release.

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