6/5. The U.S. Court of Appeals (DCCir) issued its opinion [18 pages in PDF] in NAB v. FCC, upholding the FCC's 2007 low power FM rules changes.

The FCC adopted the LPFM order [63 pages in PDF] under review on November 27, 2007, and released the text on December 11, 2007. It is FCC 07-204 in MM Docket No. 99-25.

This order announced standards for waivers of certain protections against interference with full power FM stations. The National Association of Broadcasters (NAB) filed a petition for review with the Court of Appeals, asserting that the FCC's order violates the Radio Broadcasting Preservation Act of 2000 (RBPA) and the Administrative Procedure Act (APA).

The Court of Appeals denied the petition in part, and dismissed it in part.

FCC Chairman Michael Copps praised the Court of Appeals opinion in a release.

Copps (at left) wrote that "I applaud today's decision upholding the Commission's authority to waive second-adjacent channel spacing requirements to protect LPFM stations facing encroachment by full-power stations. The listening public and our diversity goals are immediate beneficiaries of this decision which will permit approximately 40 LPFM stations to remain on the air and serving their communities."

He added that "We must continue to look for ways to promote and expand this most local radio service which holds such great promise in expanding radio ownership to underrepresented stakeholders and in meeting the needs of under-served communities. In this regard, I look forward to working with my fellow Commissioners in finishing work on the pending LPFM Second Further Notice of Proposed Rule Making. I also respectfully renew my recommendation to Congress that it eliminate existing statutory LPFM third adjacent channel spacing requirements."

This case is National Association of Broadcasters v. FCC and USA, U.S. Court of Appeals for the District of Columbia, App. Ct. No. 08-1117, a petition for review of a final order of the FCC. Judge Rogers wrote the opinion of the Court in which Judges Garland and Brown joined.

6/5. The U.S. Court of Appeals (3rdCir) issued its opinion [30 pages in PDF] in Graham Company v. Haughey, a copyright infringement case involving the issue of whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a three year statute of limitations for civil actions.

The District Court and the Court of Appeals both concluded that the discovery rule applies.

17 U.S.C. § 507(b) provides that "No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued." However, it does not elaborate on when the "claim accrued".

The Court of Appeals explained that under the discovery rule, a cause of action accrues when the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim. And, under the injury rule, a cause of action accrues at the time of the injury.

The Court of Appeals wrote that "Although we have not previously addressed this issue, eight of our sister courts of appeals have applied the discovery rule to civil actions under the Copyright Act." The Third Circuit did so also.

This case is Walter Graham Company v. Thomas Haughey, et al., U.S. Court of Appeals for the 3rd Circuit, App. Ct. Nos. 08-2007 and 08-2111, appeals from the U.S. District Court for the Eastern District of Pennsylvania, D.C. No. 05-cv-00612, Judge Harvey Bartle presiding. Judge Sloviter wrote the opinion of the Court of Appeals, in which Judges Scirica and Hardiman joined.

6/3. The National Association of Broadcasters (NAB), and state broadcasters' groups, sent a letter [4 pages in PDF] to the Speaker of the House of Representatives, Rep. Nancy Pelosi (D-CA), requesting that HR 848 [LOC | WW], the "Performance Rights Act", "is not sent to the House floor for a vote".

This bill would end terrestrial broadcasters' exemption from paying copyright royalties when they play copyrighted songs.

The House Judiciary Committee (HJC) amended and approved the bill on May 13, 2009. See, story titled "House Judiciary Committee Approves Performance Rights Act" in TLJ Daily E-Mail Alert No. 1,938, May 13, 2009.

The NAB letter discusses the likely impact of the bill on broadcasters, and opposition to the bill in the House.

The NAB letter adds that "The Judiciary Committee is in the process of asking the GAO to study the impact of the bill on small, religious and minority-owned stations whose existence and future growth would be devastated under H.R. 848. Moving the bill before that study has been completed, made public and is evaluated would place the cart before the horse."

On May 13, 2009, Rep. John Conyers (D-MI), the Chairman of the HJC, Rep. Lamar Smith (R-TX), the ranking Republican on the HJC, and several other HJC members, sent a letter to the GAO requesting a report by November 13, 2009.

Rep. Conyers supports HR 848. Rep. Smith voted against the bill in Committee.

The letter requests "a detailed analysis of economic factors related to enacting performance royalty legislation". The letter also lists numerous issues to be addressed in the report, including "the promotional value of sound recordings to the radio industry", and "the promotional value of radio airplay to performers, musicians and copyright owners, including whether there is a substitutional effect of airplay on sound recording sales". The letter also requests an analysis of "the effect on minority-owned, female-owned, and religious stations".

The NAB also wrote in a June 3, 2009, release that "A majority of U.S. House members is now publicly opposed to a record label-led effort to strap radio stations with new fees for airing music free to listeners".

Although, the NAB bases this assertion on there being 220 cosponsors of HConRes 49, the "Local Radio Freedom Act", as of June 3. This resolution resolves that "Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings."

The NAB asserts that it has majority support. It also opposes a vote on HR 848. If a majority of the House were opposed to HR 848, it could go to the floor, and the NAB position would prevail.

6/5. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) and the Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) published a joint notice in the Federal Register that announces, describes, recites, and sets relevant deadlines for, their rules implementing the E-911 grant program authorized by the ENHANCE 911 Act.

The "Ensuring Needed Help Arrives Near Callers Employing 911 (ENHANCE 911) Act of 2004" was enacted as Title I of HR 5419 in the 108th Congress. Former President Bush signed it on December 23, 2004. It is now Public Law No. 108-494. It is codified at 47 U.S.C. § 942.

The ENHANCE 911 Act authorizes grants to states and territories for the implementation and operation of Phase II enhanced 911 services and for migration to an IP-enabled emergency network.

This notice states that "To qualify for a grant, an applicant must submit a State 911 plan and project budget, designate an E-911 coordinator, and certify, among other things, that the State and other taxing jurisdictions within the State have not diverted E-911 charges for any other purpose within 180 days preceding the application date. This Final Rule establishes the requirements an applicant must meet and the procedures it must follow to receive an E-911 grant."

The total of available grants is $41,325,000.00.

These rules provide that "The State must submit the application documents identified in this section so that they are received by the ICO no later than August 4, 2009. Failure to meet this deadline will preclude the State from receiving consideration for an E-911 grant award."

These rules also provide that the NTIA and NHTSA "will jointly approve and announce, in writing, grant awards to qualifying States no later than September 30, 2009."

See, Federal Register, June 5, 2009, Vol. 74, No. 107, at Pages 26965-26981.

6/5. Senior U.S. antitrust regulators participated in the International Competition Network (ICN) conference in Zurich, Switzerland, on June 3-5, 2009. The participants included Christine Varney, the Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, and Robert Kramer and Scott Hammond from the Antitrust Division. The participants also included William Kovacic (Federal Trade Commission Commissioner), and Cynthia Lagdameo, Randolph Tritell, Maria Tineo and Russell Damtoft from the FTC.

The DOJ issued a short release on June 5, 2009, regarding the conference.

This release states that this ICN conference focused on single firm conduct, including "tying and bundled discounting and on the analysis of single-product loyalty discounts and rebates".

The FTC's Tritell stated in this release that the ICN's "Unilateral Conduct Working Group is continuing to build a body of knowledge on which enforcers and policy-makers around the world can draw to assist them in implementing their competition laws in this complex area".

The DOJ, with wide input from economists, wrote and released a report on September, 8, 2008, titled "Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act". See, PDF version [215 pages], and stories titled "Antitrust Division Releases Report on Single Firm Conduct", "Summary of Single Firm Conduct Report", "Three FTC Commissioners Criticize Single Firm Conduct Report", and "Select TLJ Articles Related to the US-EC Divergence on Single Firm Conduct" in TLJ Daily E-Mail Alert No. 1,827, September 17, 2008.

However, on May 12, 2009, the DOJ's Varney announced the withdrawal of that report, without any replacement report, guidelines, or rules. See, story titled "Varney Reverses DOJ Policy Regarding Single Firm Conduct" in TLJ Daily E-Mail Alert No. 1,937, May 12, 2009.

The DOJ's just issued release also states that ICN members adopted three "Recommended Practices for Merger Analysis". First, "Competitive Effects Analysis in Horizontal Merger Review. Agencies should conduct competitive effects analysis to assess whether a merger is likely to harm competition significantly by creating or enhancing market power. Competitive effects analysis should be clearly grounded in both sound economics and the facts of the particular case."

Second, "Unilateral Effects. In analyzing the potential for a merger to result in anticompetitive unilateral effects, agencies should assess whether the merger will create or enhance the merged firm’s ability or incentive to exercise market power independently. Agencies should apply the economic theory or model that best fits the characteristics of the market at issue, and assess the competitive constraints and other factors relevant to the merged firm’s ability to exercise market power."

Third, "Coordinated Effects. In analyzing the potential for a merger to result in anticompetitive coordinated effects, agencies should assess whether the merger increases the likelihood that firms in the market will successfully coordinate their behavior or strengthen existing coordination. Agencies should assess whether the conditions that are generally necessary for successful coordination are present, and the extent to which competitive constraints and other factors would likely deter or disrupt effective coordination."

TLJ requested, but did not receive, from both the FTC and DOJ, copies of any transcripts or recordings of presentations made by U.S. officials.

6/5. The Federal Communications Commission (FCC) announced several staff changes in a release. Blair Levin "will rejoin the Commission to help coordinate its development of a national broadband plan".

Levin is a Managing Director and analyst at Stifel Nicolaus, a brokerage and investment banking firm He has responsibilities regarding telecommunications, media and technology markets.

Levin was Chief of Staff to former FCC Commissioner Reed Hundt from December 1993 through October 1997. Julius Genachowski, President Obama's selection to be Chairman of the FCC, worked for Hundt at the same time as Levin. Genachowski was "Counsel" and later "Chief Counsel" to Hundt. Before that, he was "Special Counsel" to William Kennard at the time that Kennard was FCC General Counsel. See, story titled "Julius Genachowski" in TLJ Daily E-Mail Alert No. 1,882, January 13, 2009.

HR 1 [LOC | WW], the huge spending bill enacted in February of 2009, requires the FCC, within one year, to write "a report containing a national broadband plan". The bill further specifies the content of the plan.

"The national broadband plan required by this section shall seek to ensure that all people of the United States have access to broadband capability and shall establish benchmarks for meeting that goal. The plan shall also include---
  (A) an analysis of the most effective and efficient mechanisms for ensuring broadband access by all people of the United States;
  (B) a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public;
  (C) an evaluation of the status of deployment of broadband service, including progress of projects supported by the grants made pursuant to this section; and
  (D) a plan for use of broadband infrastructure and services in advancing consumer welfare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes."

6/5. The Federal Communications Commission (FCC) announced that Kent Nilsson, Inspector General (IG), "has retired", and that David Hunt, who is Assistant IG-Investigations, will be the acting IG. See, FCC release.

6/5. The Federal Communications Commission (FCC) announced in its release that Mary Beth Richards, "currently Deputy General Counsel, will serve as Acting Managing Director". The release does not disclose what she will manage or direct.

6/5. The Federal Communications Commission (FCC) announced in its release that Monica Desai, who is Chief of the FCC's Media Bureau (MB), will become Special Advisor to the General Counsel.

6/5. The Federal Communications Commission (FCC) announced in its release that Robert Ratcliffe, who is one Deputy Chief of the FCC's Enforcement Bureau (EB), will become acting Chief of the FCC's Media Bureau.

6/4. The Senate Judiciary Committee (SJC) approved David Hamilton to be a Judge of the U.S. Court of Appeals (6thCir).

6/4. The Senate Judiciary Committee (SJC) approved Andre Davis to be a Judge of the U.S. Court of Appeals (4thCir).

6/4. President Obama nominated Christopher Schroeder to be an Assistant Attorney General in charge of the Office of Legal Policy (OLP). See, White House news office release.

6/4. The Senate Judiciary Committee (SJC) approved Thomas Perez to be Assistant Attorney General in charge of the Civil Rights Division.

6/4. President Obama nominated Tristram Coffin to be the U.S. Attorney for the District of Vermont for the term of four years. See, White House news office release.

6/4. President Obama nominated Jenny Durkan to be the U.S. Attorney for the Western District of Washington for the term of four years. See, White House news office release.

6/4. President Obama nominated Paul Joseph Fishman to be the U.S. Attorney for the District of New Jersey for the term of four years. See, White House news office release.

6/4. President Obama nominated Todd Jones to be the U.S. Attorney for the District of Minnesota for the term of four years. See, White House news office release.

6/4. President Obama nominated John Kacavas to be the U.S. Attorney for the District of New Hampshire for the term of four years. See, White House news office release.

6/4. President Obama nominated Joyce Vance to be the U.S. Attorney for the Northern District of Alabama for the term of four years. See, White House news office release.

6/4. The Senate confirmed David Heyman to be an Assistant Secretary of Homeland Security at the Department of Homeland Security (DHS). See, Congressional Record, June 4, 2009, at Page S6230.

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The House will not meet. It will next meet at 12:30 PM on Monday, June 8.

The Senate will not meet. It will next meet at 2:00 PM on Monday, June 8.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing on the nomination of Miriam Sapiro to be Deputy U.S. Trade Representative. See, notice. Location: Room 215, Dirksen Building.

12:00 NOON - 2:00 PM. The Free State Foundation (FSF) will host a lunch titled "Broadband Nation: Where Does the U.S. Really Stand in the World Rankings?". The speakers will be David Gross (Wiley Rein), Rob Atkinson (Information Technology and Innovation Foundation), Link Hoewing (Verizon), and Christopher McCabe (CTIA). RSVP to Susan Reichbart at sreichbart at freestatefoundation dot org. Location: Congressional Meeting Room North, Capitol Visitor Center.

Day two of a two day meeting of the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services Division's Advisory Policy Board. This Division administers the Integrated Automated Fingerprint Identification System, the Interstate Identification Index, Law Enforcement Online, National Crime Information Center, the National Instant Criminal Background Check System, the National Incident-Based Reporting System, Law Enforcement National Data Exchange, and Uniform Crime Reporting. See, notice in the Federal Register, April 15, 2009, Vol. 74, No. 71, at Page 17524. Location: Gaylord National, 201 Waterfront Street, National Harbor, MD.

Day one of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

Day two of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider HR 1736 [LOC | WW], the "International Science and Technology Cooperation Act of 2009", and HR 1709 [LOC | WW], the "STEM Education Coordination Act of 2009", under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of June 8.

The Senate will meet at 2:00 PM. It will resume consideration of HR 1256 [LOC | WW], the "Family Smoking Prevention and Tobacco Control Act".

9:00 AM - 4:30 PM. Day one of a two day event hosted by the Internal Revenue Service (IRS) titled "2009 Software Developers Conference". See, notice in the Federal Register, April 27, 2009, Vol. 74, No. 79, at Page 19124. Location: Marriott Crystal Gateway Hotel, 1700 Jefferson Davis Highway, Arlington, VA.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Sky Technologies v. SAP, App. Ct. No. 2008-1606. Location: Courtroom 201.

5:30 PM. The Senate Homeland Security and Government Affairs Committee will hold a business meeting to consider the nomination of Rand Beers to be the Department of Homeland Security's (DHS) Under Secretary for National Protection and Programs. See, notice. Location: Room 216, Capitol Building.

Day three of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

Deadline to submit reply comments to the Copyright Royalty Judges (CRJ) in response to its Notice of Inquiry (NOI) regarding "the costs of census versus sample reporting to assist the Judges in the revision of the interim regulations for filing notices of use and the delivery of records of use of sound recordings under two statutory licenses of the Copyright Act". See, notice in the Federal Register, April 8, 2009, Vol. 74, No. 66, at Pages 15901-15904. See also, the CRJ's notice in the Federal Register regarding its Notice of Proposed Rulemaking (NPRM), Federal Register, December 30, 2008, Vol. 73, No. 250, at Pages 79727-79734, and the CRJ's web page with hyperlinks to the comments submitted in response to the NPRM.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry [59 pages in PDF] regarding the drafting of a "national broadband plan", as required by Section 6001(k) of HR 1 [LOC | WW], the huge spending bill passed by the Congress in February. See also, "Broadband Plan Statute: Public Law No. 111-5, § 6001(k)" and stories titled "FCC Releases NOI on Broadband Plan" and "Additional Questions Asked by FCC's Broadband Plan Notice of Inquiry" in TLJ Daily E-Mail Alert No. 1,924, April 11, 2009. This NOI is FCC 09-31 in Docket No. GN 09-51.

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its notice of inquiry (NOI) regarding the September 30, 2009, expiration of the Joint Project Agreement (JPA) between the NTIA and the Internet Corporation for Assigned Names and Numbers (ICANN). There are hyperlinks to the original JPA and its amendments and modifications ICANN web page titled "ICANN's Major Agreements and Related Reports". See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Pages 18688-18690.

Deadline to submit applications to the Department of State's (DOS) Bureau of Educational and Cultural Affairs' (BECA) Office of English Language Programs for grants under its E-Teacher Scholarship Program and Professional Development Workshop. The DOS will give $750,000 in grants to universities to teach English via the internet to persons in other countries. See, notice in the Federal Register, April 24, 2009, Vol. 74, No. 78, at Pages 18786-18792.

Deadline to submit applications to the Department of Homeland Security's (DHS) Privacy Office for appointment to the DHS Data Privacy and Integrity Advisory Committee. See, notice in the Federal Register, May 5, 2009, Vol. 74, No. 85, at Pages 20718-20719.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the petition for extension of waiver filed by AT&T and Sprint Nextel requesting a one year extension of the current waiver of the FCC's rules to the extent that provision requires TRS providers providing relay service via the PSTN or a TTY to automatically and immediately call an appropriate PSAP when receiving an emergency 711-dialed call placed by an interconnected VOIP user. See, FCC Public Notice of April 1, 2009 (DA 09-749), and notice in the Federal Register, May 7, 2009, Vol. 74, No. 87, at Pages 21364-21366. This relates to WC Docket No. 04-36, CG Docket No. 03-123, WT Docket No. 96-198 and CC Docket No. 92-105

The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of HR 2344 [LOC | WW], the "Webcaster Settlement Act of 2009", and HR 2675 [LOC | WW], the "Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act". See, Rep. Hoyer's schedule for week of June 8.

8:30 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes a discussion of documentary standards and health care information technology. See, notice in the Federal Register: May 15, 2009, Vol. 74, No. 93, at Page 22887. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM - 4:30 PM. Day two of a two day event hosted by the Internal Revenue Service (IRS) titled "2009 Software Developers Conference". See, notice in the Federal Register, April 27, 2009, Vol. 74, No. 79, at Page 19124. Location: Marriott Crystal Gateway Hotel, 1700 Jefferson Davis Highway, Arlington, VA.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will hold a partially closed meeting. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 98, at Page 23998. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

9:00 - 11:00 AM. The Heritage Foundation will host an event titled "The Taiwan Relations Act's Enduring Legacy on Capitol Hill". See, notice. Location: Heritage, 214 Massachusetts Ave., NE.

9:30 AM. Mary Ellen Callahan, the Department of Homeland Security's (DHS) Chief Privacy Officer will speak about fusion center privacy issues at the Governor's Homeland Security Advisory Council Meeting. Location: The Westin Arlington Gateway, 801 North Glebe Road, Arlington, VA.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Commercial and Administrative Law will hold a hearing HR 1521 [LOC | WW], the "Cell Tax Fairness Act of 2009". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on on Emergency Communications, Preparedness, and Response Hearing will hold a hearing titled "The FY 2010 Budget for the Federal Emergency Management Agency". The FEMA has responsibilities regarding the Integrated Public Alert and Warning System (IPAWS). The HHSC will webcast this event. Location: Room 311, Cannon Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ResQNet.com v. Lansa, App. Ct. No. 2008-1365. Location: Courtroom 201.

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar conducted by Cory Capps (Bates White) on his paper titled "Antitrust Treatment of Nonprofits". Capps is an economist who focuses on the health care sector. 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.

Day one of a two day event titled "World Copyright Summit". See, conference web site. Location: Ronald Reagan Center.

Day four of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 8.

8:30 - 11:45 AM. Day two of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT). The agenda includes a discussion of documentary standards and health care information technology. See, notice in the Federal Register: May 15, 2009, Vol. 74, No. 93, at Page 22887. Location: Employees Lounge, Administration Building, NIST, Gaithersburg, MD.

9:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) Privacy Office will host a public workshop titled "Privacy Compliance Fundamentals -- PTAs, PIAs, and SORNs". See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24864-24865. Location: auditorium, GSA Regional Headquarters Building, 7th and D Streets, SW.

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing on the nominations of Tara O’Toole to be the DHS's Under Secretary for Science and Technology and Jeffrey Zients to be the OMB's Deputy Director for Management. See, notice. Location: Room 342, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "Cyber Security R&D". The witnesses will be Seymour Goodman (Georgia Institute of Technology), Liesyl Franz (TechAmerica), Anita D'Amico (Applied Visions, Inc.), Fred Schneider (Cornell University), and Timothy Brown (CA Security Management). The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

11:00 AM. Savi, a Lockheed Martin company, will host a news conference titled "Most Evrything Will Be Tracked & Managed Wirelessly". For more information, contact Mark Nelson at 650-316-4872 mnelson at savi dot com Location: National Press Club, 13th Floor, 529 14th St., NW.

12:00 NOON. The Cato Institute will host a panel discussion titled "Who Are the Real Free Traders in Congress?". The speakers will include Sen. Judd Gregg (R-NH) and Daniel Griswold (Cato). See, notice and registration page. Lunch will be served. Location: Room 608, Dirksen Building.

12:00 NOON - 3:00 PM. The Securities and Exchange Commission (SEC) will host a public seminar regarding compliance with its new rules requiring that financial reports be filed using XBRL. See, notice. Location: SEC, Room L-002, 100 F St., NW.

12:30 PM. The Interactive Advertising Bureau (IAB) will host a news conference titled "IAB Releases First-Ever Comprehensive Analysis of the Internet Economy". For more information, contact Maria Aaron at 212-380-4714 or maria at iab dot net. Location: Zenger Room, National Press Club, 13th Floor, 529 14th St., NW.

5:30 - 7:30 PM. TechAmerica will host an event titled "Annual Technology for Government Reception". The speakers will include Vint Cerf. Prices vary. Location: Mayflower Hotel.

6:00 - 8:00 PM. The New America Foundation (NAF) will host an event titled "The Open Technology Initiative". The speakers will be Rick Whitt (Google), Christopher Libertelli (Skype), Ben Scott (Free Press), Helen Brunner (Media Democracy Fund), and Sascha Meinrath (NAF). See, notice. Wine will be served. Location: NAF, 4th floor, 1899 L St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "The Judicial Year in Review". The speakers will be Richard Welch and Joseph Palmore (FCC Office of the General Counsel), Sam Feder and William Hohengarten (Jenner & Block), Aaron Panner (Kellogg Huber), Kannon Shanmugam (Williams & Connolly), and Helgi Walker (Wiley Rein). Prices vary. Location: Wiley Rein, 1776 K St., NW.

Day five of a five day event hosted by the Federation Internationale Des Conseils En Propriete Industrielle (FICPI) titled "World Congress". This event is open to FICPI members only. See, conference brochure [PDF]. Location: JW Marriott.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 8.

8:30 AM. Day one of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda includes consideration of deemed exports. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24819-24820. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

8:45 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold an open meeting titled "The Implications of China's Naval Modernization on the United States". See, notice in the Federal Register, May 28, 2009, Vol. 74, No. 101, at Page 25611. Location: Room 562, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda yet again includes consideration of S 417 [LOC | WW], the "States Secret Protection Act", and HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009". See, stories titled "Senate Judiciary Committee to Consider State Secrets Bill" and "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009. The agenda also again includes consideration of the nominations of David Lynch to be a Judge of the U.S. Court of Appeals (2ndCir) and Mary Smith to be Assistant Attorney General in charge of the Tax Division. The SJC rarely follows its published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will meet regarding HR 1084 [LOC | WW], the "Commercial Advertisement Loudness Mitigation Act", or "CALM", HR 1147 [LOC | WW], the "Local Community Radio Act Of 2009", and HR 1133 [LOC | WW], the "Family Telephone Connection Protection Act Of 2009". The HCC web site does not specify whether this is a hearing or a mark up. Location: Room 2322, Rayburn Building.

12:00 NOON. The Cato Institute will host a panel discussion titled "Fusion Centers: Domestic Spying or Sensible Surveillance?". The speakers will include Bruce Fein (The Lichfield Group), Harvey Eisenberg (Chief, National Security Section, Office of United States Attorney, District of Maryland), Michael German (ACLU), and Tim Lynch (Cato). See, notice and registration page. Lunch will be served after the program. Location: Cato, 1000 Massachusetts Ave., NW.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Sen. Mark Warner (D-VA). Location: Capital Hilton, 1001 16th St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the FCC's notice regarding the National Exchange Carrier Association's (NECA) proposed compensation rates for interstate traditional telecommunications relay service (TRS), interstate Speech-to-Speech (STS) relay service, interstate captioned telephone service (CTS) and interstate and intrastate Internet Protocol (IP) captioned telephone service (IP CTS), interstate and intrastate IP Relay, and interstate and intrastate Video Relay Service (VRS). This is also the deadline to submit reply comments in response to the proposed carrier contribution factor and funding requirement for the Interstate TRS Fund. This item is FCC 09-39 in CG Docket No. 03-123 and WC Docket No. 05-196. See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23859-23860.

Deadline to submit reply comments to the Federal Communications Commission (FCC) Notice of Proposed Rulemaking whether or not it should adopt new Video Relay Service (VRS) reimbursement rates that reflect the cost data in the fund administrator's recent filing with the FCC, rather than continuing the current rates. This item is FCC 09-39 in CG Docket 03-123. See, notice in the Federal Register, May 21, 2009, Vol. 74, No. 97, at Pages 23815-23816.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Order [63 pages in PDF] regarding revising the FCC's Schedule of Regulatory Fees. The FCC adopted this item on May 11, 2009, and released the text on May 14. It is FCC 09-38 in MD Docket No. 09-65. See also, notice in the Federal Register, June 2, 2009, Vol. 74, No. 104, at Pages 26329-26360.

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 8.

8:30 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee (ETRAC). The agenda includes consideration of deemed exports. See, notice in the Federal Register, May 26, 2009, Vol. 74, No. 99, at Pages 24819-24820. Location: Room 3884, Hoover Building, 14th St. NW, between Pennsylvania and Constitution Avenues.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Broadband Competition: Is the Glass Half Empty or Half Full?". The speakers will be Jeffrey Eisenach, Larry Darby (Darby Associates), George Ford (Phoenix Center for Advanced Legal & Economic Public Policy Studies), Robert Atkinson (Information Technology and Innovation Foundation), and Thomas Hazlett (George Mason University). Lunch will be served. See, notice. Location: Congressional Meeting Room North (CVC-268), Capitol Visitor's Center.

12:15 - 1:45 PM. The Federal Communications Bar Association (FCBA) Homeland Security/Emergency Communications Practice Committee will host brown bag lunch titled "Latest Developments in Cybersecurity". The speakers will be Deborah Parkinson (Senate Homeland Security and Governmental Affairs Committee staff), James Lewis (Center for Strategic and International Studies), and Marcus Sachs (Verizon). For more information, contact Nneka Ezenwa at Nneka dot n dot ezenwa at verizon dot com. Location: Verizon, 5th floor, 1300 I St., NW.

Extended deadline to submit grants applications to the National Telecommunications and Information Administration (NTIA) under the Low Power Television and Translator Digital to Analog Conversion Program.

Extended deadline for full power television stations to cease analog broadcasting. See, S 352 [LOC | WW], the "DTV Delay Act".

Deadline to register with the Federal Communications Commission (FCC) to participate in it pre-auction seminar for Auction 79, regarding 122 construction permits in the FM broadcast service. See, May 29, 2009, public notice (DA 09-152), and notice in the Federal Register, May 29, 2009, Vol. 74, No. 102, at Pages 25737-25744.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its SP 800-117 [25 pages in PDF] titled "Guide to Adopting and Using the Security Content Automation Protocol (SCAP)".