4/16. The U.S. Court of Appeals (1stCir) issued its opinion in In Re Sony BMG Music Entertainment, a case regarding the authority of a District Court judge to order gavel to gavel webcasting of a hearing in a civil case.

The Court of Appeals held that the District Court judge could not permit webcasting of the motion hearing. However, the opinion did not turn on the policy merits of allowing webcasting. Rather, the Court of Appeals applied a strict ban written into the local rules for this District Court.

Record companies (Sony BMG Music Entertainment, Warner Bros. Records, Inc., Atlantic Recording Corporation, Arista Records, LLC, and UMG Recordings, Inc.) filed complaints in the U.S. District Court (DMass) against Joel Tenenbaum and others alleging infringement of copyrighted works over peer to peer systems in violation of 17 U.S.C. § 501. The District Court consolidated the actions.

Tanenbaum filed a motion to permit Courtroom View Network to webcast a non-evidentiary motions hearing.

This District Court's Local Rule 83.3 provides, in part, that "no person shall take any photograph, make any recording, or make any broadcast by radio, television, or other means, in the course of or in connection with any proceedings in this court, on any floor of any building on which proceedings of this court are or, in the regular course of the business of the court, may be held".

Moreover, the local rule conforms to a resolution of the Judicial Council of the First Circuit, and a statement of the Judicial Conference of the United States.

Nevertheless, the District Court granted the motion.

This was not a dispositive or final order. The record companies filed a petition for writ of mandamus with the Court of Appeals challenging the webcasting order.

The Court first considered whether it has jurisdiction to issue this writ. It concluded that it does, in part because of the importance and seminal nature of the issue.

The Court next noted that were this a criminal case, it is clear that any broadcasting would be proscribed under Rule 53, Federal Rules of Criminal Procedure.

The Court construed the language of the local rule, and concluded that the District Court erred.

It added, "We are mindful that good arguments can be made for and against the webcasting of civil cases. We are also mindful that emerging technologies eventually may change the way in which information -- including information about court cases -- historically has been imparted. Yet, this is not a case about free speech writ large, nor about the guaranty of a fair trial, nor about any cognizable constitutional right of public access to the courts. Our purview here is much more confined: this is a society dedicated to the rule of law; and if a controlling rule, properly interpreted, closes federal courtrooms in Massachusetts to webcasting and other forms of broadcasting (whether over the air or via the Internet), we are bound to enforce that rule. In the last analysis, this boils down to a case about the governance of the federal courts." (Parentheses in original.)

Judge Lipez wrote in a concurring opinion that the District Court "palpably erred", given the local rule. However, he added that "this inescapable legal conclusion does not discredit the policy concerns that animated, at least in part, the district court's decision. Indeed, in my view, there are no sound policy reasons to prohibit the webcasting authorized by the district court. Therefore, this case calls into question the continued relevance and vitality of a rule that requires such a disagreeable outcome."

Judge Lipez did not argue for allowing webcasting of all civil proceedings. He noted that this was a motions hearings, at which only members of the bar would speak.

He argued that the local rule and the judicial conference statements "should all be reexamined".

This case is In Re Sony BMG Music Entertainment, et al., U.S. Court of Appeals for the 1st Circuit, App. Ct. No. 09-1090, an appeal from the U.S. District Court for the District of Massachusetts, Judge Nancy Gertner presiding. Judge Selya wrote the opinion of the Court of Appeals, in which Judges Torruella and Lipez joined.

4/20. 41 groups and companies sent a letter [PDF] to President Obama on behalf of "Americans whose livelihoods and ability to create depend on effective intellectual property protection" regarding the importance of intellectual property rights and "your future IP policy appointments".

This letter responds to another letter [PDF] sent on April 2, 2009, by the Public Knowledge (PK) and 18 other groups. See, story titled "Groups Write Obama Regarding IPR Related Appointments" in TLJ Daily E-Mail Alert No. 1,922, April 6, 2009.

See also, stories titled "Obama Names Perrelli to be DOJ Associate Attorney General" and "Obama Names David Ogden to be Deputy Attorney General" in TLJ Daily E-Mail Alert No. 1,878, January 6, 2009.

The just sent letter states that "intellectual property is the engine of the U.S. economy."

It states that "The authors of the April 2 letter would have you believe that you must choose between safeguarding IP protection on the one hand and promoting innovation on the other. This supposed conflict is itself an invention, and we must avoid the false dichotomy that suggests that there is a conflict between the rights of authors and inventors and the need for innovation or creativity. Intellectual property drives innovation and creativity, from the production of new creative works to the development of consumer electronics and medicine."

A key area of contention is appointments to vacant positions in the executive branch. The April 2 letter states that "Many positions with IP policy responsibilities remain to be filled at the Patent and Trademark Office (PTO), the United States Trade Representative (USTR), and the Department of State. In selecting these officials, we ask you to consider that individuals who support overly broad IP protection might favor established distribution models at the expense of technological innovators, creative artists, writers, musicians, filmmakers, and an increasingly participatory public."

Judicial Appointments. Article I, Section 8, of the Constitution provides that "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

This just sent letter notes that the promoting the progress of sciences and arts clause of the Constitution "is the only place in which the word ``right´´ occurs in the unamended Constitution."

Yet, the letter does not elaborate that while the progress of sciences and arts clause uses the word "Rights", and this clause is in the Constitution, various courts have held that intellectual property rights are not Constitutional rights. Rather, the courts often confer the status of Constitutional right upon things that are neither rights in the ordinary sense of the word, nor mentioned in the original Constitution or its amendments.

See, story titled "4th Circuit Rules Copyright is Not a Constitutional Right" in TLJ Daily E-Mail Alert No. 1,588, May 29, 2007, for a discussion of Constitutional rights and intellectual property, and some of the possible consequences of conferring rights status upon authors and inventors.

The PK raised the subject of executive branch appointments in its April 2 letter. The just released letter may suggest the possibility of appointment of judges and justices who would interpret the progress of sciences and arts clause literally.

Who is Who. The signatories of the just sent letter include:

• American Society of Media Photographers (ASMP) and other photographers' groups
• Association of American Publishers (AAP) and other book, magazine, journal and music publishers' groups
• Business Software Alliance (BSA)
• Copyright Alliance
• Entertainment Software Association (ESA)
• Motion Picture Association of America (MPAA) and movie companies
• Recording Industry Association of America (RIAA) and record companies
• groups that represent musicians, composers, actors, directors, and theater workers
• groups that are active on a wide range of issues, including the Information Technology & Innovation Foundation (ITIF), Software & Information Industry Association (SIIA), and U.S. Chamber of Commerce

The signatories of the April 2 letter include:

• American Library Association (ALA) and other libraries' groups
• Center for Democracy and Technology (CDT)
• Computer and Communications Industry Association (CCIA)
• Consumer Electronics Association (CEA)
• Home Recording Rights Coalition (HRRC)
• Public Knowledge (PK)
• Wikimedia Foundation

The April 2 letter is copied to Don Gips and Susan Crawford. The April 20 letter is copied to these two and Rahm Emanuel.

4/20. The Senate confirmed Christine Varney to be Assistant Attorney General (AAG) in charge of the Antitrust Division by a vote of 87-1. See, Roll Call No. 157. Sen. Jim Bunning (R-KY) cast the lone no vote.

4/20. The Senate confirmed Tony West to be Assistant Attorney General (AAG) in charge of the Department of Justice's (DOJ) Civil Division by a vote of 82-4. See, Roll Call No. 155.

4/20. The Senate confirmed Lanny Breuer to be Assistant Attorney General (AAG) in charge of the Criminal Division by a vote of 88-0. See, Roll Call No. 156.

4/20. Oracle and Sun Microsystems announced that "they have entered into a definitive agreement under which Oracle will acquire Sun common stock for $9.50 per share in cash." See, Oracle release.

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The House will return from its two week Easter District Work Period. It will meet at 2:00 PM for legislative business. It will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for the week of April 20.

The Senate will meet at 10:00 AM.

8:00 AM - 3:30 PM. The Motion Picture Association of America (MPAA) will host an event titled "American Creativity at Work". For more information, contact 202-378-9118.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Verizon Washington DC v. Communications Workers of America, App. Ct. No. 08-7092. Judges Ginsburg, Rogers and Kavanaugh will preside. Location: 333 Constitution Ave., NW.

9:30 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Martek Biosciences v. Nutrinova, App. Ct. No. 2008-1459, Fernandez Innova v. General Motors, App. Ct. No. 2008-1533, and Pressure Products v. Quan Emerteq, App. Ct. No. 2008-1602. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM - 12:00 NOON. The Heritage Foundation will host an event titled "The Taiwan Relations Act's Enduring Legacy on Capitol Hill". The speakers will include Rep. Shelley Berkley (D-NV). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

2:00 PM. The House Judiciary Committee's (HJC) Subcommittee on the Courts and Competition Policy and the Internet will hold a hearing titled "A New Age for Newspapers: Diversity of Voices, Competition and the Internet". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Matt Osborne (DOJ) on his paper titled "Consumer Inventory Behavior, Price Sensitivity and Its Implications for Price Elasticities and Consumer Welfare". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

2:00 - 3:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Copyright, Content and Class Action Lawsuits: A Debate on the Google Book Search Settlement". The speakers will be Allan Adler (Association of American Publishers), Peter Brantley (Internet Archive), Dan Clancy (Google), and Alan Inouye (American Library Association). See, notice. Location: Room LJ 162, Thomas Jefferson Building, Library of Congress, Independence Ave., NW.

2:00 - 4:00 PM. The Department of State's (DOS) Advisory Committee on International Economic Policy (ACIEP) will meet. See, notice in the Federal Register, March 30, 2009, Vol. 74, No. 59, at Page 14181. Location: DOS, Room 1107, 2201 C St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on pending nominations, including those of Sherburne Abbott (to be Associate Director of the Office of Science and Technology Policy in the Executive Office of the President), Peter Appel (Administrator of the Research and Innovative Technology Administration at the Department of Transportation), and April Boyd (Assistant Secretary for Legislative and Intergovernmental Affairs at the Department of Commerce). See, notice. Location: Room 253, Russell Building.

2:30 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Terrorism and Homeland Security will hold a hearing titled "Protecting National Security and Civil Liberties: Strategies for Terrorism Information Sharing". Sen. Ben Cardin (D-MD) will preside. The witnesses will be Zoe Baird (Markle Foundation), former Sen. Slade Gorton (R-WA), Thomas Manger (Chief of Police of Montgomery County Maryland), and Caroline Frederickson (ACLU). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

5:00 PM. The House Appropriations Committee's (HAC) Select Intelligence Oversight Panel will hold a closed hearing on the National Reconnaissance Office and the National Geospatial Intelligence Agency. Location: Room H-140, Capitol Building.

Deadline to submit initial comments to the Copyright Office (CO) and the U.S. Patent and Trademark Office (USPTO) in response to their notice of inquiry (NOI) regarding facilitating access to copyrighted works for blind or disabled people. See, notice in the Federal Register, March 26, 2009, Vol. 74, No. 57, at Pages 13268-13270, and notice in the Federal Register, April 17, 2009, Vol. 74, No. 73, at Page 17884.

The House will meet at 10:00 AM for legislative business. The schedule for the week includes consideration of HR 1580 [LOC | WW], the "Electronic Waste Research and Development Act", under suspension of the rules. See, Rep. Hoyer's schedule for the week of April 20.

Day one of a two day convention hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriott.

9:00 AM - 4:00 PM. The American Enterprise Institute (AEI) will host an event titled "High-Skilled Immigration in a Globalized Labor Market". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

POSTPONED. 10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Reform of the Federal Communications Commission". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGA) will hold a hearing on pending nominations, including that of John Morton to be Assistant Secretary for Immigration and Customs Enforcement at the Department of Homeland Security (DHS). See, notice. Location: Room 342, Dirksen Building.

10:15 AM. The House Judiciary Committee (HJC) will meet to mark up numerous bills. HR 1676 [LOC | WW], the "PACT Act", which would affect internet sales of tobacco products, is fourth on the list. Location: Room 2141, Rayburn Building.

10:30 AM. The U.S. District Court (DC) will hold a status conference in US v. Microsoft, D.C. No. 98-1232, and New York v. Microsoft, D.C. No. 98-1233. Judge Colleen Kotelly will preside. Location: Courtroom 28A.

12:00 NOON - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "The Importance of Technology in an Economic Recovery". Location: Room 2360, Rayburn Building.

4:00 - 6:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing. FBI Director Robert Mueller will testify. See, notice. Location: Room HVC 304, Capitol Building.

6:00 - 9:15 PM. The DC Bar Association will host the second part of a three part series titled "Preserving Intellectual Property Rights in Goverment Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per part, or $169 to $299 for the series. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of April 20.

8:00 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Engineering Advisory Committee. See, notice in the Federal Register, April 1, 2009, Vol. 74, No. 61, at Page 14821. Location: NSF, 4201 Wilson Boulevard, Suite 1235, Arlington, VA.

8:30 AM - 5:00 PM. Day one of a two day meeting of the Judicial Conference of the United States' Advisory Committee on Rules of Evidence. This meeting is open to the public for observation, but not participation. See, notice in the Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459. Location: Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 417 [LOC | WW], the "States Secret Protection Act", S 257 [LOC | WW], the "Consumer Credit Fairness Act", and HR 985 [LOC | WW] and S 448 [LOC | WW], the "Free Flow of Information Act of 2009". See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Banking Committee (SBC) will hold a hearing on pending nominations, including that of David Cohen to be Assistant Secretary for Terrorist Financing at the Department of the Treasury (DOT). See, notice. Location: Room 538, Dirksen Building.

12:00 NOON - 5:00 PM. The Center for Democracy and Technology (CDT) will host an event titled "State of the Mobile Net". There will be panels titled "What is the Mobile Net? Understanding the Mobile Net Ecosystem", "Spectrum: Is the Lifeblood of the Mobile Net Running Dry?", "Mobile Network Infrastructure Trends", "Cloud Computing and Emerging Business Models in the Mobile Space", "Privacy on the Go", and "What Policy Framework Will Enable Innovation on the Mobile Net?". See, agenda. Location: Hyatt Regency Capitol Hill.

1:00 - 3:00 PM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "The Role of the SBIR and STTR Programs in Stimulating Innovation at Small High-Tech Businesses". The Department of Defense (DOD) administers the Small Business Innovation Research (SBIR) program and the Small Business Technology Transfer (STTR) program. See, DOD SBIR/STTR web page. The witnesses will be Robert Berdahl (Association of American Universities), Jim Greenwood (Biotechnology Industry Organization), Sally Rocky (National Institutes of Health), and Jerry Glover (Small Business Technology Council). The HSC will webcast this hearing. Location: Room 2318, Rayburn Building.

TIME CHANGE. 2:30 PM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science and Related Agencies may hold a hearing on the FY 2010 budget for the Department of Justice (DOJ). The witness will be Attorney General Eric Holder. For more information, contact the HAC at 202-225-2771. Location: Room 2359, Rayburn Building.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host an untitled seminar by Lanier Benkard (Stanford University). He is an economist who has written extensively about competition and mergers. Location: FTC, New Jersey Ave. Building, Room 4100.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers and Wireline Practice Committees will host an event titled "Happy Hour". For more information, contact Matt Gerst at mgerst at ctia dot org. Location: Poste Moderne Brasserie, 555 8th St., NW.

Day two of a two day convention hosted by the Consumer Electronics Association (CEA) titled "CEA Washington Forum". Location: JW Marriott.

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

Deadline for the Federal Communications Commission (FCC) to respond to letter [PDF] from leaders of the House Commerce Committee (HCC) requesting data about subsidies disbursed under the FCC's universal service high cost program. See, story titled "House Commerce Committee Seeks FCC Data on High Cost Universal Service" in TLJ Daily E-Mail Alert No. 1,922, April 6, 2009.

Rep. Hoyer's schedule for the week of April 20 states that no votes are expected in the House.

8:30 AM - 5:00 PM. Day two of a two day meeting of the Judicial Conference of the United States' Advisory Committee on Rules of Evidence. This meeting is open to the public for observation, but not participation. See, notice in the Federal Register, January 26, 2009, Vol. 74, No. 15, at Page 4459. Location: Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Comcast v. FCC, App. Ct. No. 08-1114. Judges Ginsburg, Kavanaugh and Randolph will preside. This case is a challenge to the Federal Communications Commission's (FCC) cable horizontal and vertical ownership limits. See, FCC's brief [PDF]. Location: 333 Constitution Ave., NW.

10:30 AM. The Heritage Foundation will host an event titled "American Leadership and the China Challenge in Southeast Asia". The speakers will include Dennis Wilder (Brookings Institution), Dan Blumenthal (American Enterprise Institute), Renato Cruz de Castro (De La Salle University, Manila), and Walter Lohman (Heritage). See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host an event titled "ICANN & Internet Governance: How Did We Get Here & Where Are We Heading?". The speakers will include Paul Twomey (P/CEO of ICANN), David Johnson, Milton Mueller (Syracuse University), Michael Roberts, and Michael Palage. Lunch will be served. See, notice and registration page. Location: Room 2123, Rayburn Building, Capitol Hill.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireline Practice Committee and the DC Bar Association's Computer and Telecommunications Law Section will host a brown bag lunch titled "Emerging Issues in Online Behavioral Advertising". The speakers will be Peder Magee (FTC), Genie Barton (US Telecom Association), Alison Pepper (Interactive Advertising Bureau), Ari Schwartz (Center for Democracy and Technology), Heidi Salow (DLA Piper), and K.C. Halm (Davis Wright Tremaine). Both the FCBA and the DC Bar have a history of excluding people from their lunches. Location: DLA Piper, 500 8th St., NW.

Deadline to submit applications to participate in the Department of Commerce's (DOC) International Trade Administration's (ITA) U.S. and Foreign Commercial Service's (USFCS) Cable Television Trade Mission to Seoul, South Korea. See, notice in the Federal Register, March 11, 2009, Vol. 74, No. 46, at Pages 10548-10550.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking [25 pages in PDF] regarding extending until June 30, 2010, the freeze of Part 36 category relationships and jurisdictional cost allocation factors used in jurisdictional separations. This freeze is set to expire on June 30, 2009. This NPRM is FCC 09-24 in CC Docket No. 80-286. See, notice in the Federal Register, April 3, 2009, Vol. 74, No. 63, at Pages 15236-15239.

Deadline for consumer electronics retailers to respond to one letter [PDF], and for consumer electronics manufacturers to respond another letter [PDF], from Rep. Henry Waxman (D-CA) and Rep. Rick Boucher (D-VA), requesting data and information regarding the supply of coupon eligible converter boxes.

8:00 AM - 4:00 PM. Day one of a two day conference hosted by the U.S. Chamber of Commerce, the Association of European Chambers of Commerce and Industry, and other entities titled "U.S. and EU Approaches to Protecting IP". See, notice. For more information, contact Natalie Ethridge at 202-463-5884. Location: U.S. Chamber, 1615 H St., NW.

6:00 - 9:15 PM. The DC Bar Association will host the third part of a three part series titled "Preserving Intellectual Property Rights in Goverment Contracts". The speakers will be David Bloch (Winston & Strawn), Richard Gray (Department of Defense), John Lucas (Department of Energy), and James McEwen (Stein McEwen). The price to attend ranges from $89 to $129 per part, or $169 to $299 for the series. See, notice. This event qualifies for continuing legal education credits. The DC Bar Association has a history of excluding persons from its events. For more information, call 202-626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Day one of a two day convention hosted by the American Cable Association titled "16th Annual American Cable Association Summit". Location: Gaylord National Hotel.

8:00 AM - 4:00 PM. Day two of a two day conference hosted by the U.S. Chamber of Commerce, the Association of European Chambers of Commerce and Industry, and other entities titled "U.S. and EU Approaches to Protecting IP". See, notice. For more information, contact Natalie Ethridge at 202-463-5884. Location: U.S. Chamber, 1615 H St., NW.

11:00 AM. The Cato Institute will host a closed event titled "Restoring the Pro-Trade Consensus". The speakers will be Tim Reif (General Counsel, Office of the U.S. Trade Representative), Anne Kim (Third Way), and Dan Ikenson (Cato). See, notice. Lunch will follow the program. Location: Cato, 1000 Massachusetts Ave., NW.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Bob Adams and Dean Amel (Federal Reserve Board) on their paper [33 pages in PDF] titled "The Effects of Past Entry, Market Consolidation, and Expansion by Incumbents on the Probability of Entry". To request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: Bicentennial Building, 600 E St., NW.

Effective date of the Federal Communications Commission's (FCC) increases in fees charged to licensees and permittees to reflect the change in the Consumer Price Index. See, notice in the Federal Register, April 13, 2009, Vol. 74, No. 69, at Pages 16794-16795.

Deadline to submit oppositions to the numerous petitions for reconsideration (PFRs) of the Federal Communications Commission's (FCC) white space order. This is the Second Report and Order Memorandum Opinion and Order [130 pages in PDF] in its proceeding titled "In the Matter of Unlicensed Operation in the TV Broadcast Bands" and numbered ET Docket No. 04-186), and its proceeding titled "Additional Spectrum for Unlicensed Devices below 900 MHz and in the 3 GHz Band", and numbered ET Docket No. 02-380. This order is FCC 08-260. The FCC adopted it on November 4, 2008, and released the text on November 14, 2008. See for example, PFR [144 pages in PDF] of the NCTA, PFR [10 pages in PDF] of Dell and Microsoft, PFR [46 pages in PDF] of Motorola, PFR [10 pages in PDF] of Sprint Nextel, Comptel, and the RTG, PFR [PDF] of Dish and Directv, PFR [PDF] of the Wireless Internet Service Providers Association, PFR [PDF] of the Wi-Fi Alliance, and PFR [28 pages in PDF] of the New America Foundation, Public Knowledge, Open Source Wireless Coalition, and others. See, story titled "FCC Adopts White Space Order" in TLJ Daily E-Mail Alert No. 1,852, November 4, 2009. See, notice in the Federal Register, April 13, 2009, Vol. 74, No. 69, at Page 16870.