9/18. The Federal Communications Commission (FCC) released a document [5 pages in PDF] titled "Commission Meeting Agenda". The FCC has scheduled an event titled "Open Meeting" for 10:00 AM on September 25, 2008.

Failed D Block Auction. The FCC's agenda states that it will adopt a Third Further Notice of Proposed Rulemaking (3rdFNPPM) "seeking comment on rules governing the Upper 700 MHz D Block, the public safety broadband spectrum, and the 700 MHz Public/Private Partnership". This item is in PS Docket No. 06-229.

The D Block is 10 megahertz of paired spectrum at 758-763 MHz and 788-793 MHz. It was to have been auctioned in the 700 MHz auction, Auction No. 73, earlier this year as one nationwide license, subject to a "Public/Private Partnership".

The FCC's plan, which failed, was for a commercial licensee to build a nationwide broadband interoperable network for use by public safety entities. This licensee would then have had preemptible secondary access to the spectrum. The FCC closed the 700 MHz auction on March 18, 2008. However, no bidder bid the reserve price for the D Block.

The FCC adopted a 2nd Further NPRM [101 pages in PDF] on May 14, 2008. See, story titled "FCC Announces NPRM for D Block Auction" in TLJ Daily E-Mail Alert No. 1,766, May 14, 2008. The 2ndFNPRM is FCC 08-128 in WT Docket No. 06-150 and PS Docket No. 06-229.

FCC Commissioner Jonathan Adelstein stated in a speech [5 pages in PDF] on September 18, 2008, that "we are now considering a further notice and auction rules for the 700 MHz band D block, a critical opportunity for a nationwide, interoperable public safety network. This spectrum gives us a new opportunity to come to grips with our country's public safety dilemma."

He said, "But the first attempt at auctioning it fell flat, and the assessment and implementation challenges remain daunting. As we've learned during our summer public hearing on this issue in Brooklyn and throughout this proceeding, the breadth and complexity of the technical issues and cost elements that play a role in assessing the various parameters of a nationwide interoperable public safety network are enormous."

He added that "Though I continue to believe that direct Federal funding for building a national public safety broadband network is preferable, I am working diligently with my colleagues to consider the draft rules before us."

Other Items. The FCC's agenda states that it will adopt a Memorandum Opinion and Third Order on Reconsideration regarding "petitions for reconsideration against the Reexamination of the Comparative Standards for Noncommercial Educational Applicants". This item is in MM Docket No. 95-31.

The FCC's agenda states that it will adopt a Second Report and Order and a Second Further Notice of Proposed Rulemaking regarding "proposed changes to rules regarding AM directional antenna field strength measurements." This item is in MM Docket No. 93-177.

The FCC's agenda states that it will adopt a Report and Order regarding "proposed changes to service rules for FM translators". This item is in MB Docket No. 07-172 and RM-11338.

The FCC's events titled "Commission Meeting" or "Open Meeting" are not accurately described as meetings. The five Commissioners 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. The FCC does not always hold the meetings that it announces at the announced time, or at all. The FCC does not usually take up all of the items on its agenda.

This meeting is scheduled for 10:00 AM on Thursday, September 25, 2008, in Room TW-C305, 445 12th St., SW. The FCC provides a live webcast of each of its meetings, but describes each of these as a "broadcast".

9/19. The Federal Communications Commission's (FCC) Wireline Competition Bureau's (WCB) Industry Analysis and Technology Division (IATD) released its report titled "Local Telephone Competition: Status as of December 31, 2007". It releases these reports twice each year.

The combined total of all end-user switched access lines continued to drop (to 158,436,758). This total was over 190 Million in 2000. Meanwhile, the total number of mobile wireless telephone subscribers continued to grow (to 249,235,715). This total has doubled since 2000; it is up 9% from one year ago.

This report states that "End-user customers obtained local telephone service by utilizing approximately 129.7 million incumbent LEC switched access lines, 28.7 million CLEC switched access lines, and 249.2 million mobile telephony service subscriptions at the end of December 2007."

This report aggregates data provided by carriers on Form 477 regarding the number of switched access lines and wireless telephone subscribership. See also, FCC release.

9/19. Federal Communications Commission (FCC) Commissioner Deborah Tate gave a speech [3 pages in PDF] in Memphis, Tennessee, regarding transitioning to digital television.

9/16. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet held a hearing titled "Status of the DTV Transition: 154 Days and Counting". See, opening statement of Rep. John Dingell (D-MI) and opening statement of Rep. Joe Barton (R-TX). See also, prepared testimony [PDF] of Kevin Martin (FCC Chairman), prepared testimony [PDF] Meredith Baker (acting head of the NTIA), prepared testimony [PDF] of Mark Goldstein (GAO), prepared testimony [PDF] of Tom Romeo (IBM), prepared testimony [PDF] of Kyle McSlarrow (NCTA), prepared testimony [PDF] of Chris Murray (Consumers Union), prepared testimony [PDF] of Andrew Setos (Fox Group), prepared testimony [PDF] of John Kittleman (KRGV–TV NEWSCHANNEL 5 and KRGV–DT 5.2 LATV), prepared testimony [PDF] of David Candelaria (Entravision), prepared testimony [PDF] of David Rehr (NAB), prepared testimony [PDF] of Christopher McLean (Consumer Electronics Retailers Coalition), and prepared testimony [PDF] of Connie Book (Elon University).

9/15. Rep. John Dingell (D-MI) and Rep. Ed Markey (D-MA) sent a letter [3 pages in PDF] to Meredith Baker, acting head of the National Telecommunications and Information Administration (NTIA) regarding transitioning to digital television, and in particular, addressing "a shortfall in administrative funds for the TV Converter Box Coupon Program".

9/15. The Technology Policy Institute (TPI) released a paper [4 pages in PDF] titled "The DTV Coupon Program: A Boon to Retailers, not Consumers". The author is the the TPI's Scott Wallsten. He wrote that "In principle, the coupon program reduces the cost to households of the digital transition by allowing them to spend $40 less on a converter box than they otherwise would." However, he argued that "that coupon program has created a floor on the price of these converter boxes. Because consumers pay $0 with the coupon for any box priced $40 or less, retailers have little incentive to reduce the price below $40. An analysis of converter box prices at retailers around the country suggests that the coupon program has increased the price of converter boxes by $21 - $34." (Footnote omitted.)

9/15. Federal Communications Commission (FCC) Chairman Kevin Martin sent a letter [2 pages in PDF] to Christopher McLean, Executive Director of the Consumer Electronics Retailers Coalition (CERC), regarding transitioning to digital television. Martin requested that CERC's members, including Best Buy, Circuit City, and Wal-Mart, sell digital to analog converter box for $40, the amount of the converter box coupon provided to consumers by the National Telecommunications and Information Administration (NTIA).

9/19. The Federal Communications Commission (FCC) adopted and released an Order [6 pages in PDF] in its proceeding titled "In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities E911 Requirements for IP-Enabled Service Providers". The order is FCC 08-210 in CG Docket No. 03-123 and WC Docket No. 05-196.

9/18. Federal Communications Commission (FCC) Commissioner Robert McDowell gave a brief speech [PDF] at the FCC's Pandemic Preparedness Summit. He said that "Unlike hurricanes or other natural disasters, a pandemic would not physically damage power lines or broadcast, wireless or wireline communications networks. Yet, a pandemic would nonetheless almost certainly prevent essential personnel from spending time at the workplace for potentially lengthy periods of time. They will be too scared to go to work. A pandemic therefore has the real potential to disrupt our ability to communicate." He asked, "will networks be able to support a surge of telecommuting employees? Will broadcasters have the means to remain on the air for lengthy periods without full staffing, or maybe no staffing at all? How will new technologies enhance our communications abilities?" See also, statement [3 pages in PDF] of Commissioner Deborah Tate.

9/17. Federal Communications Commission (FCC) Commissioner Deborah Tate gave a speech [10 pages in PDF] at the National Religious Broadcasters Media Summit. She spoke about children, "internet predators", "cyber-bullying", and "childhood obesity". She did not propose any new regulation.

9/19. On Monday, September 22, 2008, the Office of the U.S. Trade Representative (OUSTR) will hold a meeting regarding the ongoing negotiation of an Anti-Counterfeiting Trade Agreement (ACTA).

See, notice in the Federal Register, September 5, 2008, Vol. 73, No. 173, at Pages 51860-51861. This meeting will be held at 10:00 AM - 12:00 NOON, at the Department of Commerce, Main Auditorium, Hoover Building, 1401 Constitution Ave., NW.

The OUSTR stated in an August 1, 2008, release that the US, EU, Japan, and other nations met to negotiate an ACTA in Washington DC on July 29-31, 2008. See also, October 23, 2007 OUSTR release announcing the beginning of negotiations for an ACTA.

On Friday, September 19, 2008, a collection of information technology and communications companies, groups that represent them, and library sector groups, submitted a comment [PDF] to the OUSTR regarding the ACTA.

The parties to this comment include Intel, Verizon, Yahoo, Computer & Communications Industry Association (CCIA), NetCoalition, Information Technology Association of America (ITAA), Consumer Electronics Association (CEA), Internet Commerce Coalition (ICC), Center for Democracy & Technology (CDT), Public Knowledge (PK), and the American Library Association (ALA).

They addressed 17 U.S.C. § 512, titled "Limitations on liability relating to material online". They wrote that "We understand that one idea under discussion is the possible inclusion of an abbreviated form of the Digital Millennium Copyright Act into ACTA. Given the complexity of Section 512, and the delicately arrived-at compromise contained in that Section, we think it ill-advised to include this (or any other) provision of the DMCA in the Agreement in the first place."

They continued that "Nevertheless, if the parties decide to incorporate Section 512, we strongly encourage USTR to adhere closely to the DMCA safe harbor language (17 U.S.C. §512) contained in prior FTAs. It is important to keep in mind that each word in Section 512 of the DMCA intentionally appears in the statute as a result of Congressionally-supervised industry negotiations. Removing or altering the substantive provisions of the DMCA could result in significant unintended consequences to U.S. law." (Parentheses in original.)

They elaborated, for example, that "Section 512(h) addressing the ability of a copyright owner to issue a subpoena for the identity of an alleged copyright infringer must not be abbreviated in a manner inconsistent with the two circuit court decisions (RIAA v. Verizon and RIAA v. Charter) that have held that the 512(h) subpoena applies only when the alleged infringing material resides on the service provider’s system or network." (Parentheses in original.)

On December 19, 2003, the U.S. Court of Appeals (DCCir) issued its opinion [16 pages in PDF] in RIAA v. Verizon holding that a Section 512(h) subpoena may only be issued to an ISP that is engaged in storing on its servers material that is infringing or the subject of infringing activity. This opinion deprived the RIAA and copyright holders of an expeditious and inexpensive means for acquiring the names of P2P infringers from their ISPs. See, story titled "DC Circuit Reverses in RIAA v. Verizon" in TLJ Daily E-Mail Alert No. 804, December 22, 2003.

On January 4, 2005, the U.S. Court of Appeals (8thCir) issued its split opinion [PDF] in RIAA v. Charter Communications holding that a DMCA Section 512(h) subpoena may not be issued to an ISP that is merely acting as a conduit for the P2P infringement of copyright protected music files. See, story titled "8th Circuit Holds RIAA Cannot Use 512(h) Subpoenas on ISPs for Info on P2P Infringers" in TLJ Daily E-Mail Alert No. 1,050, January 5, 2005.

These commenters also wrote that "We also understand that there is a possibility that other sections of ACTA may propose the discussion of ``best practices´´ including future government-imposed private sector agreements on subjects that are either inconsistent with existing U.S. laws or would inevitably lead to changes in U.S. law. "

They argued that "Government-led negotiations roping in different private industry sectors are inappropriate for an international trade agreement. These kinds of discussions will result in international governments picking industry winners and losers, accommodating a long list of changes to law at the expense of consumers and other important industry sectors."

They also argued that "Any proposal to extend the idea of ``take down´´ to trademarks, including trademark counterfeiting, will require changes to the Lanham Act. Trademark takedowns require a new statutory scheme imposing secondary liability where none exists today."

They also argued that "Any discussion of ``best practices´´ regarding the use or testing of filtering technologies would also require changes to both the DMCA and existing trademark law. No obligation exists today to filter under U.S. law."

They also argued that "Discussions regarding ``take downs´´ of words or terms in search engines or marketplace sites raise First Amendment issues and weaken the protections afforded under Section 230 of the Communications Act."

And, the argued that "Efforts to impose new duties on payment intermediaries to take down, disrupt, monitor or interfere with financial transactions would impose new liabilities for the financial services sector and require changes to U.S. laws."

A collection of groups sent another set of letters to various government agencies involved in negotiating this ACTA requesting that they "immediately publish the draft text of the agreement, as well as pre-draft discussion papers (especially for portions for which no draft text yet exists)". (Parentheses in original.)

The OUSTR does not typically release copies of either bilateral or multilateral trade agreements until after negotiations have concluded.

These letters state that "The lack of transparency in negotiations of an agreement that will affect the fundamental rights of citizens of the world is fundamentally undemocratic. It is made worse by the public perception that lobbyists from the music, film, software, video games, luxury goods and pharmaceutical industries have had ready access to the ACTA text and pre-text discussion documents through long-standing communication channels."

These letters assert, on information and belief, that the ACTA will require ISPs "to monitor all consumers' Internet communications, terminate their customers' Internet connections based on rights holders' repeat allegation of copyright infringement, and divulge the identity of alleged copyright infringers possibly without judicial process, threatening Internet users' due process and privacy rights; and potentially make".

They also states that the ACTA might make "ISPs liable for their end users' alleged infringing activity", "Interfere with fair use of copyrighted materials", and "Criminalize peer-to-peer file sharing".

The parties to the groups' letters include the Essential Action (EA), Center for Democracy and Technology (CDT), Center for Digital Democracy (CDD), Electronic Frontier Foundation (EFF), Electronic Privacy Information Center (EPIC), Free Press (FP), Media Access Project (MAP), Public Knowledge (PK), Consumer Federation of America, Consumers Union, Home Recording Rights Coalition (HRRC), and numerous Act Up and AIDS related groups.

Also, on September 17, EFF and PK filed a complaint [PDF] in the U.S. District Court (DC) against the OUSTR alleging violation of the Freedom of Information Act, which is codified at 5 U.S.C. § 552, in connection with OUSTR's failure to provide them with copies of records pertaining to the negotiation of the ACTA.

The EFF and PK requested, among other things, "All records, including agenda, briefing notes, participant lists, and presentation documents, concerning USTR meetings with industry associations including, but not limited to, the Global Business Leaders’ Alliance Against Counterfeiting, the International Trademark Association, the U.S. Chamber of Commerce, and the Coalition Against Counterfeiting and Piracy, concerning ACTA".

The EFF and PK also requested copies of communications between the OUSTR and U.S. government agencies, foreign government agencies, and international agencies.

Gwen Hinze of the EFF stated in a release that the "ACTA raises serious concerns for citizens' civil liberties and privacy rights ... This treaty could potentially change the way your computer is searched at the border or spark new invasive monitoring from your ISP. People need to see the full text of ACTA now, so that they can evaluate its impact on their lives and express that opinion to their political leaders. Instead, the USTR is keeping us in the dark while talks go on behind closed doors."

9/18. The Center for Democracy and Technology (CDT) released a paper titled "Online Behavioral Advertising: Discussing the ISP-Ad Network Model".

This paper observes that "as behavioral advertising networks seek to create increasingly detailed consumer profiles, companies have begun to form partnerships with Internet Service Providers (ISPs) to mine information from the entire stream of an individual customer's Web use for behavioral advertising purposes".

It continues that "ad networks that partner with ISPs potentially gain access to all or substantially all of an individual's Web traffic as it travels through the ISP's infrastructure, including traffic to all political, religious, and other non-commercial sites".

It adds that this includes "deep packet inspection" technology. Moreover, "these new ad networks also have the potential to mine emails, chats, file transfers, financial information, and many other kinds of data for targeting purposes".

This paper argues that "the use of Internet traffic content for behavioral advertising still defies expectations about what happens when a person uses the Web and communicates online. Absent unmistakable notice, consumers simply do not expect their ISP or its partners to be looking into the content of their Internet communications."

This paper also argues, as did another CDT paper [13 pages in PDF] released on July 8, 2008, that "the use of Internet traffic content from ISPs for the purpose of behavioral advertising might run afoul of federal wiretap laws, unless the activity is conducted with the consent of the subscriber".

"The federal Wiretap Act, as amended by the Electronic Communications Privacy Act (ECPA), prohibits the interception and disclosure of electronic communications - including Internet traffic content -- without consent", the just released paper states.

Moreover, "the Wiretap Act requires unavoidable notice and affirmative opt-in consent before Internet traffic content may be used from ISPs for behavioral advertising purposes."

The paper also addresses the House Commerce Committee's (HCC) ongoing review of behavioral advertising. On August 1, 2008, the HCC sent letters [PDF] to numerous companies in which it asked questions regarding "tailoring Internet advertising based upon consumers' Internet search, surfing, or other use".

See also, AT&T response, Charter response, Comcast response, Cox response, Google response, Microsoft response, Verizon response, Yahoo response, and HCC web page with hyperlinks to other responses.

The CDT paper reviews some of the practices disclosed in these responses. It states that "in the absence of a baseline federal privacy law, online tracking and targeting practices are all over the map".

It predicts that "More hearings, and possibly an online consumer privacy law, are in the works."

Also, on September 12, 2008, the Pew Internet & American Life Project released a report [PDF] titled "Use of Cloud Computing Applications and Services".

It states that "69% of online Americans use webmail services, store data online, or use software programs such as word processing applications whose functionality is located on the web".

The paper refers to these services as "cloud computing". It presents survey results on use of these services. It also states that "Online Americans who have used at least one of the listed services or applications were further queried about their views on data policies that providers of such services might have in effect."

The paper finds, based on these survey results, that "For nearly all of the scenarios shown, most users of cloud applications say they would be very concerned if their data were sold, used in marketing campaigns, not deleted as requested, or used for targeted ads."

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of September 22, and schedule for September 22.

The Senate will meet at 3:00 PM.

TIME? The U.S. District Court (DC) will begin trial in US v. Stevens, D.C. No. 08-cr-0231. 150 prospective jurors will fill out questionnaires. Location: Courtroom 24A, 333 Constitution Ave., NW.

8:00 AM - 6:00 PM. Transatlantic Business Dialogue (TABD) and others will host an event titled "Transatlantic Symposium on the Societal Benefits of RFID". See, TABD notice and agenda [PDF]. Location: Center for Strategic and International Studies (CSIS), 1800 K St., NW.

10:00 AM - 12:00 NOON. The Office of the U.S. Trade Representative (OUSTR) will hold a meeting regarding the ongoing negotiations of a multi-nation trade agreement titled "Anti-Counterfeiting Trade Agreement". See, notice in the Federal Register, September 5, 2008, Vol. 73, No. 173, at Pages 51860-51861. Location: Main Auditorium, Hoover Building, 1401 Constitution Ave., NW.

10:30 AM - 12:00 NOON. The New America Foundation (NAF) will host an event titled "OneWebDay 2008: e-Democracy Time Capsule Closing and Public Forum". The speakers will include Jonathan Adelstein (FCC Commissioner), Sascha Meinrath (NAF), and Drew Clark (BroadbandCensus.com). See, notice and registration page. Location: NAF, 7th floor, 1630 Connecticut Ave., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "General Counsel Series: Irvin Nathan, General Counsel of the U.S. House of Representatives". The speakers will be Nathan Irvin. The price to attend ranges from $10 to $20. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

3:00 - 5:00 PM. The American Enterprise Institute (AEI) will host a panel discussion on the book titled "Innovation and Technology Adoption in Health Care Markets". The speakers will be the authors, Anupam Jena and Tomas Philipson, Christopher Adams (FTC), and John Calfee (AEI). See, notice and registration page. Location: AEI, 12th floor, 1150 17th St., NW.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Crime will hold a hearing on HR 6713 [LOC | WW], the "E-fencing Enforcement Act of 2008", HR 6491 [LOC | WW], the "Organized Retail Crime Act of 2008", and S 3434 [LOC | WW], the "Combating Organized Retail Crime Act of 2008". See, notice. Location: Room 2141, Rayburn Building.

Deadline to submit to the Office of the U.S. Trade Representative's (OUSTR) Trade Policy Staff Committee (TPSC) written testimony to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, July 31, 2008, Vol. 73, No. 148, at Pages 44783-44785.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry and Notice of Proposed Rulemaking (NOI/NPRM) regarding regulation of advertising sponsorship identification. This item is FCC 08-155 in MB Docket No. 08-90. This FCC adopted this item on June 13, 2008, and released the text [22 pages in PDF] on June 26, 2008. See, notice in the Federal Register, July 24, 2008, Vol. 73, No. 143, at Pages 43194-43200.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding assignment of Educational Broadband Service (EBS) spectrum in the Gulf of Mexico. The FCC adopted this item on March 18, 2008, and released the text [111 pages in PDF] on March 20, 2008. This item is FCC 08-03 in WT Docket Nos. 03-66, 03-67, and 02-68, IB Docket No. 02-364, and ET Docket No. 00-258. See, notice of extension of comment deadlines in Federal Register, July 8, 2008, Vol. 73, No. 131, at Pages 38955-38956.

Deadline to submit petitions to participate (and the $150 filing fee) in the Copyright Royalty Judges' proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2002, 2003, and 2004 Musical Works Funds. See, notice in the Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49708-49709.

Extended deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its Notice of Inquiry (NOI) regarding recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to BIS's deemed export licensing policy. The BIS seeks comments on, among other things, whether the scope of technologies on the Commerce Control List (CCL) that are subject to deemed export licensing requirements should be narrowed, and if so, which technologies should be subject to deemed export licensing requirements. See, original notice in the Federal Register, May 19, 2008, Vol. 73, No. 97, at Pages 28795-28797, and extension notice in the Federal Register, August 22, 2008, Vol. 73, No. 164, at Pages 49645-49646.

The House will meet at 9:00 AM for morning hour, and at 10:00 AM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 22.

8:30 AM. The Federal Trade Commission (FTC) will host an event titled "Transatlantic RFID Workshop on Consumer Privacy and Data Security". See, workshop web site. Location: FTC Conference Center, 601 New Jersey Ave., NW.

TIME? The U.S. District Court (DC) will hold the second day of trial in US v. Stevens, D.C. No. 08-cr-0231. Voir dire will likely take place. Judge Emmet Sullivan will preside. Location: Courtroom 24A, 333 Constitution Ave., NW.

10:00 AM. The House Commerce Committee (HCC) will meet to mark up several bills, including HR 3402, the "Calling Card Consumer Protection Act". The HCC will webcast this event. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing titled "Turmoil in US Credit Markets: Recent Actions Regarding Government Sponsored Entities, Investment Banks and Other Financial Institutions". The witnesses will include Henry Paulson (Secretary of the Treasury), Ben Bernanke (Chairman of the Federal Reserve Board), Chris Cox (Chairman of the Securities and Exchange Commission), and James Lockhart (Director of the Federal Housing Finance Authority). See, notice. Location: Room 538, Dirksen Building.

10:30 AM. The Bureau of Industry and Security (BIS) Emerging Technology and Research Advisory Committee will hold a partially closed meeting. The BIS will telecast the open portion of the meeting. See, notice in the Federal Register, September 9, 2008, Vol. 73, No. 175, at Pages 52265-52266. Location: Department of Commerce, Hoover Building, Room 4830, 14th Street between Constitution and Pennsylvania Aves., NW.

POSTPONED. 12:00 NOON - 2:00 PM. The DC Bar Association will host a program titled "SEC Senior Enforcers Speak on SEC Priorities". The speakers will be Scott Friestad (Deputy Director of the Securities and Exchange Commission's Division of Enforcement), Joan McKown (Chief Counsel, SEC/DOE), George Curtis (Deputy Director, SEC/DOE), and Larry Ellsworth (Jenner & Block). The price to attend ranges from $5 to $15. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

2:15 PM. The Senate Foreign Relations Committee will hold a business meeting. The agenda includes consideration of three amendments to the ITU Convention and Constitution (Treaty Docs. 108-5, 109-11, and 110-16), and consideration of the nominations of Clifford May and Dennis Mulhaupt to be members of the Broadcasting Board of Governors. See, notice. Location: Room S-116, Capitol Building.

2:30 PM. The Senate Commerce Committee will hold a hearing titled "Oversight of the DTV Transition -- Countdown to February 2009". See, notice. Location: Room 253, Russell Building.

3:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on judicial nominations: Anthony Trenga (to be a Judge of the U.S. District Court for the Eastern District of Virginia), Darnell Jones (U.S.D.C., Eastern District of Pennsylvania), Mitchell Goldberg (U.S.D.C., E.D.Penn.), Joel Slomsky (U.S.D.C., E.D.Penn.) Eric Melgren (U.S.D.C., Kansas). Location?

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Privacy in Today's Workplace". The speakers will be Gerard Stegmaier (Wilson Sonsini) and Charles Henter. 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.

6:00 - 10:00 PM. Douglas Ginsburg, a Judge of the U.S. Court of Appeals (DCCir), will give a speech titled "Continuity and Change in the Supreme Court: Antitrust as a Case Study", at a fund raising dinner hosted by the American Enterprise Institute (AEI). The price to attend is $2,000. See, notice. Location: Ronald Reagan Building & International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 22.

9:00 AM. The U.S. District Court (DC) will hold the third day of trial in US v. Stevens, D.C. No. 08-cr-0231. Open statements may be delivered. Judge Emmet Sullivan will preside. Location: Courtroom 24A, 333 Constitution Ave., NW.

9:00 AM - 12:30 PM. The American Enterprise Institute (AEI) will host an event titled "Beyond the Zero-Sum Game: Technology Transfer and International Security in the Twenty-First Century". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The American Constitution Society (ACS) will host a panel discussion titled "2008-2009 ACS Supreme Court Preview". For more information, contact Daniel Schuman of Jeremy Leaming at 202-393-6181. Location: National Press Club, 13th floor, 529 14th St., NW.

12:15 - 2:00 PM. The DC Bar Association will host a brown bag lunch titled "Antitrust Issues and the Presidential Campaign: A Debate Between McCain and Obama Supporters". The speakers will be James Rill (Howrey), William Kolasky (Wilmer Hale), and Don Resnikoff (District of Columbia). The price to attend ranges from $10 to $15. For more information, contact 202-626-3463. See, notice. Location: Jacob Burns Moot Court Room, George Washington University, 2000 H St., NW.

1:00 - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979. Location: Conference Room 333, Hall of the States, 444 North Capitol St., NW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy, Census, and National Archiveswill hold a hearing titled "How Information Policy Affects Competitive Viability in Minority Contracting". Location: Room 2154, Rayburn Building.

2:30 PM. The House Financial Services Committee (HFSC) will hold a hearing titled "The Future of Financial Services: Exploring Solutions for the Market Crisis". The witness will include Henry Paulson (Secretary of the Treasury) and Ben Bernanke (Chairman of the Federal Reserve Board). See, notice. Location: Room 2128, Rayburn Building.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its second draft of NIST SP 800-116 [70 pages in PDF] titled "A Recommendation for the Use of PIV Credentials in Physical Access Control Systems (PACS)".

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Media Bureau in response to the PPM Coalition's (PPMC) September 2, 2008, filing titled "Emergency Petition for Section 403 Inquiry." This petition asks the FCC to open an inquiry into Arbitron's use of Portable People Meters (PPM). This item is DA 08-2048 in MB Docket No. 08-187.

The House will meet at 10:00 AM for legislative business. The House will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for week of September 22.

8:30 AM - 12:30 PM. The Information Technology and Innovation Foundation (ITIF) and Silicon Flatirons (SF) will host a half day conference titled "Innovation Economics for the Next Administration". See, notice. Location: Newseum, Knight Conference Center Room 706, 555 Pennsylvania Ave., NW (entrance is on 6th Street).

8:30 AM - 3:30 PM. The Technology Policy Institute (TPI) will host an event titled "Powering the Future Key Energy Issues for the Next Administration". At 2:00 PM there will be a panel titled "The Intersection of Telecommunications and Electricity Markets -- New Technologies for Meeting Energy Needs". The speakers for this panel will be Ray Gifford (TPI), Walter Curt (Power Monitors Inc.), and Pat Vincent-Collawn (PNM Resources). See, agenda. For more information, contact Ashley Creel at 202-828-4405. Location: National Press Club.

TIME? The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". See, tentative agenda [PDF]. Location: FCC, Commission Meeting Room.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Broadband Providers and Consumer Privacy". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of an authorization for subpoenas relating to the Department of Justice's (DOJ) Office of Legal Counsel (OLC), and consideration of the nominations of Clark Waddoups (to be a Judge of the U.S. District Judge for the District of Utah), Michael Anello (U.S.D.C., Southern District of California), Mary Scriven (U.S.D.C., Middle District of Florida), Christine Arguello (U.S.D.C., District of Colorado), Philip Brimmer (U.S.D.C., District of Colorado), and Gregory Garre (DOJ Solicitor General). See, notice. The SJC will webcast this meeting. The SJC rarely follows the agendas for its executive business meetings. Location: Room 216, Hart Building.

10:00 AM. The House Small Business Committee will hold a hearing titled "Small Business Competition Policy: Are Markets Open for Entrepreneurs?" Location: Room 1539, Longworth Building.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold a public meeting to work on its 2008 Annual Report to Congress. See, notice in the Federal Register, July 29, 2008, Vol. 73, No. 146, at Pages 43978-43979. Location: Conference Room 231, Hall of the States, 444 North Capitol St., NW.

10:30 AM. The U.S. District Court (DC) will hold a periodic status conference in US v. Microsoft, D.C. No. 98-cv-1232, and the associated states' action, D.C. No. 98-cv-1233. Location: Courtroom 28A, 333 Constitution Ave., NW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Domestic Policy will hold a hearing titled "Tumors and Cell Phone Use: What the Science Says". Location: Room 2154, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding assessment and collection of regulatory fees for Fiscal Year 2008. This item is FCC 08-182 in MD Docket No. 08-65. This FCC adopted this item on on August 1, 2008 and released the text [90 pages in PDF] on August 8, 2008. See, notice in the Federal Register, August 26, 2008, Vol. 73, No. 166, at Pages 50285-50296.

Effective date of the order portion of the Federal Communications Commission's (FCC) Report and Order and Further Notice of Proposed Rulemaking regarding assessment and collection of regulatory fees for Fiscal Year 2008. This item is FCC 08-182 in MD Docket No. 08-65. This FCC adopted this item on on August 1, 2008 and released the text [90 pages in PDF] on August 8, 2008. See, notice in the Federal Register, August 26, 2008, Vol. 73, No. 166, at Pages 50285-50296.

Deadline to pay annual fees to the Federal Communications Commission (FCC). See, FCC Public Notice [8 pages in PDF] (DA-08-1973) and Public Notice [2 pages in PDF] (DA-08-1974).

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of September 22.

11:45 AM - 1:45 PM. The Free State Foundation (FSF) will host an event titled "Delivering Media Content in a New Technological Environment: An Exploration of Policy Implications". The speakers will be Steven Wildman (Michigan State University) and Robert McDowell (FCC Commissioner). Lunch will be served. Location: National Academy of Public Administration, 7th and I Streets, NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) FCC Enforcement Practice Committee will host a brown bag lunch titled "FCC Enforcement Actions Relating to the DTV Transition". The speakers will be David Solomon (Wilkinson Barker Knauer) and Mitch Stoltz (Constantine Cannon). Location: Akin Gump, 1333 New Hampshire Ave., NW.

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