10/7. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech titled "America’s Mobile Broadband Future" at a CTIA convention in San Diego, California.

He began by stating that he appreciates "AT&T's announcement yesterday allowing internet calling applications on the iPhone -- a decision I commend. And also Verizon's announcement about the Android platform."

See, story titled "AT&T to Enable VOIP Applications on iPhone" in TLJ Daily E-Mail Alert No. 1,998, October 7, 2009, and story titled "Verizon Wireless and Google Release Statement Regarding Android" in TLJ Daily E-Mail Alert No. 1,999, October 8, 2009.

Genachowski (at right) said that "No sector of the communications industry holds greater potential to enhance America’s economic competitiveness, spur job creation, and improve the quality of our lives."

He also stated his wireless agenda:

1. Unleashing spectrum for 4G mobile broadband and beyond.

2. Removing obstacles to robust and ubiquitous 4G deployment.

3. Providing fair rules of the road for an open Internet -- so that it remains a vibrant platform for innovation and investment, recognizing the differences between wired and wireline technologies.

4. Empowering consumers by supporting a vibrant, transparent and competitive marketplace.

Spectrum Policy. Genachowski stated that "We are fast entering a world where mass-market mobile devices consume thousands of megabytes each month. So we must ask: what happens when every mobile user has an iPhone, a Palm Pre, a Blackberry Tour or whatever the next device is? What happens when we quadruple the number of subscribers with mobile broadband on their laptops or netbooks?"

He noted that telecommunications "carriers are telling us that they need anywhere from 40MHz to 150MHz -- each".

"The short answer: we will need a lot more spectrum", said Genachowski. "I believe one of the FCC's highest priorities is to close the spectrum gap."

He said that much will depend on technological advances developed by the wireless industry. As for FCC policy, he said that "We will look at secondary markets, and spectrum flexibility policies", as well as "reallocating spectrum currently being used for other purposes". Although, he conceded that reallocation takes years, and "there are no easy pickings on the spectrum chart"

Facilitating 4G Networks. Genachowski said that "the issue of tower siting ... is ripe for action. I have consulted with my fellow Commissioners, and in the near future we are going to move forward with a shot-clock proposal designed to speed the process, while taking into account the legitimate concerns of local authorities."

He also said that the FCC will "act promptly to process license and other requests to keep 4G roll-outs on track", "do our part to help clear spectrum that has already been allocated and licensed for 4G", "address roaming in a broadband world", and "look for ways to accelerate the rollout of high-capacity middle mile connections in both rural and urban areas"

Broadband Regulation. Genachowski also discussed his intent to promulgate rules that impose network neutrality requirements on broadband internet access providers.

He said that the FCC has "adopted and enforced open Internet principles", but nevertheless should also adopt new rules, because the FCC has "left many confused ... about whether we do or don’t have Internet openness protections". Genachowski did not explain this confusion.

He did not reference the FCC's adjudicatory proceeding involving Comcast's broadband network management practices, or its August 2008 order [67 pages in PDF]. Comcast has filed a petition for review with the Court of Appeals. If the Court of Appeals denies the petition, then the FCC will have both enforced its 2005 policy statement [3 pages in PDF], announced new enforceable policy, and withstood judicial review. If this occurs, then Genachowski's argument that new rules are necessary will be substantially undermined.

If the Court of Appeals grants Comcast's petition, and vacates the August 2008 order, on the grounds that the FCC lacks authority to enforce its 2005 policy statement, then Genachowski's could assert that the FCC lacks enforcement authority in this area.

Perhaps this is the confusion to which he alludes.

See, story titled "FCC Asserts Authority to Regulate Network Management Practices" in TLJ Daily E-Mail Alert No. 1,805, August 4, 2008. That order is FCC 08-183 in Docket No. 07-52.

The FCC has already announced that it will hold an event titled "Open Meeting" on October 22, 2009, at which it will consider a notice of proposed rulemaking (NPRM). Genachowski stated in this October 7 speech that "the FCC will begin an open proceeding to explore how best to do so", and that the FCC's goal is "to develop sensible rules of the road". These statement are consistent with the hypothesis that the NPRM will not include the text of the proposed rules.

He also addressed how the FCC new rules would regulate wireless broadband. He said that "there are real and relevant differences between wired and wireless. Mobile poses unique congestion issues, for example. Managing a wireless network isn’t the same as managing a fiber network, and what constitutes reasonable network management will appropriately reflect that difference."

Consumers. Genachowski also talked about companies providing better information to consumers.

He concluded by making comments about how wonderful the FCC's staff and decision making process are.

See also, reaction of Steve Largent, head of the CTIA.

10/6. Verizon Wireless (VW) announced in a release that VW and Google have "a strategic partnership" regarding the Android mobile operating system. They stated that VW will offer Android handsets.

The companies did not release the text of any agreement. Rather, they issued a short, vaguely worded, self-congratulatory paen to their own commitment to innovation and consumers.

They wrote that this agreement will "leverage the Verizon Wireless Network and ... Android".

They also wrote that the two companies "plan to co-develop several Android-based devices that will be pre-loaded with innovative applications from both parties as well as third-party developers. The family of Android phones on the Verizon Wireless network will come from leading handset manufacturers."

10/7. Christine Varney, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, gave a speech titled "Antitrust Federalism: Enhancing the Federal/State Relationship" in New York City to the National Association of Attorneys General.

She suggested that the dissenters may have been right in Leegin. and reminded state AGs that they are not bound by that Supreme Court opinion in applying their state antitrust laws. Some makers and retailers of consumer electronic devices that have entered into procompetitive resale price maintenance agreements may wish to study this speech.

Leegin. Varney's main topic was resale price maintenance (RPM), the rule of reason, and the Supreme Court's June 28, 2007, 5-4 opinion [55 pages in PDF] in Leegin Creative Leather Products v. PSKS. See, story titled "SCUS Holds That All Vertical Price Restraints Are Subject to Rule of Reason" in TLJ Daily E-Mail Alert No. 1,603, June 28, 2007.

She said that "I am not ruling out the possibility that Leegin's dissenters were right in thinking the effort to develop a new analytical framework will not succeed or that evidence will show that the actual uses of RPM are almost always harmful".

"As for federal law", said Varney, "it is clear that Leegin calls for a rule of reason inquiry and leaves open what exact form of inquiry is appropriate". But, she continued, states apply state antitrust laws, and are not bound by Leegin. She encouraged state "enforcers to keep an open mind", and serve as a laboratory of RPM litigation.

This is not an encouraging development for either the many makers of consumer electronics devices, or for proponents of IT innovation. On the other hand, plaintiffs' antitrust lawyers and litigious state AGs, have reason to welcome Varney's speech.

Leegin was a 5-4 opinion. Justice Sonia Sotomayor has since joined the Supreme Court. However, her appointment cannot shift the balance on this issue because she replaced former Justice David Souter, who joined in the dissent.

RPM exists when a manufacturer agrees with its distributor(s) to set the minimum price that the distributor(s) can charge for the manufacturer's goods. Prior to the Leegin opinion, RPM was subject to the antitrust per se rule, rather than the lighter rule of reason standard.

This opinion changed the law for vertical RPM. After this opinion, horizontal agreements among competitors to fix prices remain per se violations of the Sherman Act.

Varney did not discuss the impact of the Leegin opinion on the tech sector. Nevertheless, this case will impact the way some consumer IT and electronics products are marketed. The Leegin opinion will also likely incent tech sector manufacturers to develop new products.

Representatives of the tech sector, and the Office of the Solicitor General (OSG) in the Bush DOJ, have argued that RPM in consumer IT can benefit consumers, and enable companies to bring new devices to market. The situation is that a lot of consumer tech and communications gadgets are hard to figure out. It is in the interest of consumers, and manufacturers, that retailers help consumers learn about the devices. But, this costs the retailer more money for staff, staff training, and display space.

Moreover, if one retailer provides the consumer with assistance, but a second one does not, the second retailer, with lower costs, can undercut the price of the first retailer, and free ride on the customer support that it providers. Consumers can examine, test, and learn how to use a device at the first retailer, and then buy from the second, at a lower price. This free rider problem, without RPM, disincents retailers from providing any education or support, which in turn leaves consumers less informed. It also disincents device makers from bringing new and complex products to market. RPM enables the consumer electronics industry to avoid the harm that arises from this free rider problem.

Varney said that "In the wake of Leegin, many states are reevaluating their legal oversight over RPM arrangements and considering whether state law may treat them as per se illegal. As for federal law, however, it is clear that Leegin calls for a rule of reason inquiry and leaves open what exact form of inquiry is appropriate."

She noted that the Supreme Court left it to the lower courts to "establish a litigation structure".

She suggested a structure: "a lower court could require a plaintiff to make a preliminary showing of "the existence of the agreement and scope of its operation" as well as the presence of structural conditions under which RPM is likely to be anticompetitive. Such a showing might well be sufficient to establish a prima facie case that RPM is unlawful."

She continued that "Under such an approach, the burden would shift to the defendant to demonstrate either that its RPM policy is actually -- not merely theoretically -- procompetitive or that the plaintiff's characterizations of the marketplace were erroneous."

Then, said Varney, "A court adopting such an approach could impose a burden on a defendant that would vary with the strength of the showing made by the plaintiff. At a minimum, the defendant would have to establish that it adopted RPM to enhance its success in competing with rivals and that RPM was a reasonable method for accomplishing its procompetitive purposes".

She said that RPM can be used anticompetitively by a "manufacturer cartel to identify members that are cheating on a price-fixing agreement". For example, "RPM might be used to facilitate manufacturer collusion by helping a cartel police their agreement because transparent retail prices would reflect wholesale price cuts inconsistent with the agreement. In this situation, a prima facie case could consist of three elements: (1) a majority of sales in the market are covered by RPM, (2) structural conditions are conducive to price coordination, because such coordination is unlikely in an unconcentrated market, and (3) RPM plausibly helps significantly to identify cheating, which would not be the case if wholesale prices are otherwise transparent." (Footnote omitted.)

As another example of anticompetitive manufacturer RPM, she said that RPM could be "part of an exclusion strategy. A dominant incumbent manufacturer may use RPM to guarantee large margins to retailers and make them unwilling to carry the products of small incumbents or new entrants."

She then said that "A prima facie case under this theory could consist of three elements: (1) the manufacturer has a dominant market position, (2) its RPM contracts cover a substantial portion of distribution outlets, and (3) RPM plausibly has significant foreclosure effect that impacted an actual rival."

She also argued that RPM can be used anticompetitvely by "retailer coercion" or "as a cartelization device". She continued, "Under an exclusion theory, a retailer with significant market power, or several retailers acting in concert, could coerce important manufacturers to institute RPM and thereby frustrate price competition from discount or internet retailers. Under a structured rule of reason approach, a plaintiff pursuing a retailer exclusion theory might well be able to shift the burden to defendants by showing three elements: (1) that the retailers involved had sufficient market power, (2) that coercion by retailers resulted in RPM covering much of the market, and (3) RPM plausibly has a significant exclusionary effect that impacted an actual rival."

Under the cartelization device theory, "An agreement by retailers to fix prices can be implemented and policed by coercing sufficient manufactures to use RPM consistent with the retailer cartel agreement. A plaintiff proceeding on a retailer collusion theory might well be able to shift the burden to defendants by showing three elements: (1) that RPM is used pervasively (e.g., at least 50% of the sales in the market), (2) that RPM was instituted by retailer coercion (not merely persuasion), and (3) retailer collusion could not be thwarted by manufacturers." (Parentheses in original.)

Other Comments. Varney also said that "State Attorneys General play a critical role in promoting competition in markets and protecting consumers", and "I am sure that together we can forge a strong working relationship on competition issues".

She offered as an example that "15 different states participated in the successful investigation and challenge of the Google and Yahoo! advertising agreement". See, story titled "Google and Yahoo Abandon Advertising Agreement Because of DOJ Objection" in TLJ Daily E-Mail Alert No. 1,852, November 4, 2008. Google and Yahoo announced this agreement on June 12, 2008. See, story titled "Google and Yahoo Announce Search and Advertising Agreement" in TLJ Daily E-Mail Alert No. 1,779, June 13, 2008.

She also said that "when states confront important competition policy issues, we are interested in sharing our experience and expertise". One way the DOJ does this is by filing comments.

She also discussed agriculture markets.

10/7. Derek Turner, of the Free Press, a Washington DC based interest group that advocates federal regulation of broadband internet access providers, commented on AT&T's announcement on October 6, 2009, that it will enable VOIP applications on iPhone to run on AT&T's wireless network. Turner said in a release that "After more than two years of blocking VoIP applications, the FCC has succeeded in getting AT&T to open their network to the applications consumers want." He continued that "the FCC should not be distracted or delayed in efforts to protect Net Neutrality on all networks, to investigate the exclusive contracts that punish consumers, and to promote a truly competitive wireless market. The arm-twisting that led to AT&T's belated announcement is a critical reminder of why we need the FCC walking the beat to protect consumers." See also, story titled "AT&T to Enable VOIP Applications on iPhone" in TLJ Daily E-Mail Alert No. 1,998, October 7, 2009.

10/7. The Department of Health and Human Services (DHHS) published a notice in the Federal Register that announces, describes, recites, and sets the comment deadline for, its proposed changes to its "Standards for Privacy of Individually Identifiable Health Information" promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). These proposes changes implement Section 105 of Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA) regarding the privacy and confidentiality of genetic information, and make other changes to the HIPAA privacy rule. Comments are due by December 7, 2009. See, Federal Register, October 7, 2009, Vol. 74, No. 193, at Pages 51698-51710.

10/7. The Department of Homeland Security (DHS) published a notice in the Federal Register that announces, describes, recites, and sets the effective date for, it rule changes regarding the employer safe harbor from receipt of no match letters. The notice states that the DHS is "rescinding the amendments promulgated on August 15, 2007, and October 28, 2008". It adds that "DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs." The effective date is November 6, 2009. See, Federal Register, October 7, 2009, Vol. 74, No. 193, at Pages 51447-51452.

The House will meet at 10:00 AM for legislative business. It vote on the conference report on the defense authorization bill, and several non-technology related items. See, Rep. Hoyer's schedule for week of October 5, 2009, and schedule for October 8.

The Senate will meet at 9:30 AM. It will resume consideration of HR 2847 [LOC | WW], the "Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010".

7:45 - 9:15 AM. The Northern Virginia Technology Council (NVTC) will host a breakfast. The speaker will be Justice Anthony Kennedy (Supreme Court). Prices vary. See, notice. Location: The Ritz-Carlton Tysons Corner, 1700 Tysons Blvd., McLean, Virginia.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology, and the Internet will meet to mark up four bills: HR 1147 [LOC | WW], the "Local Community Radio Act of 2009", HR 1084 [LOC | WW], the "Commercial Advertisement Loudness Mitigation Act (CALM Act)", HR 1258 [LOC | WW], the "Truth in Caller ID Act of 2009", and HR 3633 [LOC | WW], a bill to allow the funding for the interoperable emergency communications grant program to remain available through FY 2012. See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of HR 985 [LOC | WW] and S 448 [LOC | WW], both titled the "Free Flow of Information Act of 2009", and S 1692 [LOC | WW], the "USA PATRIOT Act Sunset Extension Act of 2009". The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 4:00 PM. The U.S.-China Economic and Security Review Commission will hold one of a series of meetings to consider staff drafts of material for its 2009 Annual Report to Congress. See, notice in the Federal Register, August 5, 2009, Vol. 74, No. 149, at Pages 39145-39146. Location: Conference Room 231, Hall of States, 444 North Capitol St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Verizon Services v. Cox Fibernet, App. Ct. No. 2009-1086. This is a patent infringement case involving VOIP technology. Location: Courtroom 203.

10:00 AM - 12:00 NOON. The National Industrial Security Program Policy Advisory Committee (NISPPAC) will meet. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Page 46470. Location: National Archives and Records Administration, Room 105, 700 Pennsylvania Ave., NW.

12:00 - 1:30 PM. The Federal Trade Commission (FTC) will host a "brown bag program" titled "Meet the New Federal Trade Commission Bureau Directors". The speakers will be Richard Feinstein, (Director of the Bureau of Competition), David Vladeck (Director of the Bureau of Consumer Protection), and Joseph Farrell (Director of the Bureau of Economics). To request permission to attend or participate by telephone, contact Donna Fleming at donna dot fleming at dbr dot com or 202-230-5627. The ABA asserts that this is an ABA event. Location: Drinker Biddle & Reath, 1500 K St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Rachel Soloveichik (Bureau of Economic Analysis) titled "Music a Capital Asset". See, paper [54 pages in PDF] of the same title. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will hold an event titled "Pre-Charity Auction Happy Hour". The auction will be held on November 12. Location: 14K Restaurant, 1001 14th St., NW.

Deadline to submit comments to the Bureau of Industry and Security (BIS) in response to its request for comments regarding certain export controls. See, notice in the Federal Register, September 8, 2009, Vol. 74, No. 172, at Pages 46088-46089, and story titled "Export Regulators Seek Comments on Rules" in TLJ Daily E-Mail Alert No. 1,981, September 9, 2009.

Rep. Hoyer's schedule for week of October 5, 2009, states that "no votes are expected in the House".

The American Bar Association (ABA) will host a conference titled "The Third Annual National Institute on Criminal Enforcement of Intellectual Property Rights". Prices vary. See, conference brochure. Location: Ritz Carlton Hotel.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Intellectual Science and Technology v. Sony Electronics, App. Ct. No. 2009-1142. This is a patent infringement case involving CD player and recorder technology. Location: Courtroom 203.

10:00 AM. The Federal Communications Commission (FCC) will hold an event titled "Workshop: Economic Issues in Broadband Competition". The speakers will be Jonathan Baker (FCC Chief Economist), Scott Wallsten, Judith Chevalier (Yale School of Management), Joseph Farrell (Director of the FTC's Bureau of Economics), Shane Greenstein (Northwestern University), Marius Schwartz (Georgetown University), Carl Shapiro (Deputy Assistant Attorney General for Economics at the DOJ's Antitrust Division). See, FCC web page related to the drafting of a document titled "National Broadband Plan", and web page for this event. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit comments to the Copyright Royalty Judges regarding the August 12, 2009, motion of Phase I claimants requesting a partial distribution of 50% of the 2007 cable royalty funds, pursuant to 17 U.S.C. § 111. See, notice in the Federal Register, September 9, 2009, Vol. 74, No. 173, at Pages 46468-46469.

Deadline to submit to the Federal Communications Commission (FCC) replies or oppositions to the comments regarding or petitions to deny the applications of Caribbean Crossings Ltd. and Trinity Communications Ltd. for transfer of control pursuant to the Submarine Cable Landing Licensing Act and Section 214 of the Communications Act. Since the Bahamas is not a member of the World Trade Organization (WTO) the applicants seek an FCC determination that the Bahamas provides effective competitive opportunities to U.S. carriers. See, public notice [PDF]. It is DA 09-1856 in IB Docket No. 09-149.

9:15 - 10:45 AM. There will be a panel titled "View from the Boardroom".

11:00 AM - 12:15 PM. There will be a panel titled "Update on the Law". The speaker on trade secrets will be Mark Krotoski (DOJ's Computer Crimes and Intellectual Property Section).

12:15 PM. Luncheon. The speaker will be Robert Barchiesi (President of the International AntiCounterfeiting Coalition).

1:30 - 3:15 PM. There will be a panel titled "Areas of Expertise in IP Crime Cases". The speakers will be Sherri Schornstein (U. S. Attorney’s Office for the District of Columbia), Ovie Carroll (DOJ/CCIPS Cybercrime Lab), Mark Goins (Department of Homeland Security), Marc Sherman (Alvarez & Marsal Dispute Analysis & Forensic Services), and Warrington Parker (Orrick Herrington & Sutcliffe).

3:30 - 5:00 PM. There will be a panel titled "View from the Trenches".

Columbus Day.

The House will not meet.

12:15 - 1:45 PM. The New American Foundation (NAF) will host an event titled "Scripting a 21st Century International Order: Focus Japan". The speakers will be David Shorr, Weston Konishi and Steve Clemons, co-authors and editors of the book [Amazon] titled "Powers and Principles: International Leadership in a Shrinking World". See, notice and registration page. Location: NAF, Suite 400, 1899 L St., NW.

EXTENDED TO OCTOBER 15. Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Fostering Innovation and Investment in the Wireless Communications Market (and) A National Broadband Plan For Our Future". (Parentheses added.) This NOI is FCC 09-66 in GN Docket Nos. 09-157 and No. 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73).

8:00 AM - 4:00 PM. The Department of Homeland Security's (DHS) National Protection and Programs Directorate's (NPPD) National Infrastructure Advisory Council (NIAC) will meet. The agenda includes consideration of a "final report from the Frameworks for Dealing with Disasters and Related Interdependencies Working Group and a status reports from the Critical Infrastructure Resilience Working Group". See, notice in the Federal Register, September 25, 2009, Vol. 74, No. 185, at Pages 48997-48998. Location: Park Hyatt, Ballroom, 24th and M St., NW.

9:00 - 11:00 AM. The Tech America will host a event titled "Cyber Security Briefing". The speakers will be Rep. Yvette Clarke (D-NY), Vinny Gullotto (Microsoft), Uri Rivner (RSA), Eric Cole (Lockheed Martin), Kristin Lovejoy (IBM), and John McCumber (Symantec). RSVP to Anne Caliguiri at 703-284-5335 or anne dot caliguiri at techamerica dot org. Breakfast will be served. Location: Congressional Meeting Room, South 80, Capitol Visitor Center.

12:00 NOON - 2:00 PM. The Federal Communications Bar Association's (FCBA) Legislative and Privacy and Data Security Committees will host a brown bag lunch titled "privacy legislative priorities for the 111th Congress with special emphasis on behavioral marketing and data security legislation". See for example, HR 1319 [LOC | WW], the "Informed P2P User Act", and HR 2221 [LOC | WW], the "Data Accountability and Trust Act", both amended and approved by the House Commerce Committee (HCC) on September 30, 2009. The speakers will include Amy Levine (Legislative Counsel to Rep. Rick Boucher (D-VA)) and Paul Cancienne (Legislative Aide to Rep. Mary Bono (R-CA)). RSVP to dlogan at reedsmith dot com. The FCBA often excludes people from its meetings. Location: Reed Smith, Suite 1100 East Tower, 1301 K St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [33 pages in PDF] in its proceeding titled "In the Matter of Consumer Information and Disclosure Truth-in-Billing and Billing Format IP-Enabled Services". This NOI is FCC 09-68 in CG Docket Nos. 09-158 and CC Docket No. 98-170 and WC Docket No. 04-36. The FCC adopted it on August 27, 2009, and released the text on August 28, 2009.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the FCC's Notice of Proposed Rulemaking (NPRM) regarding requiring applicants that win broadband radio service (BRS) licenses in Auction 86, and any subsequent auction, to demonstrate substantial service on or before four years from the date of license grant. The FCC adopted this NPRM on September 8, 2009, and released the text on September 11, 2009. It is FCC 09-70 in WT Docket No. 03-66 and RM-10586. Auction 86 is scheduled to begin on October 27, 2009. See, notice in the Federal Register, September 28, 2009, Vol. 74, No. 186, at Pages 49356-49359.

EXTENDED TO OCTOBER 15. Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993 (and) Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services". (Parentheses added.) This NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-72).

10:00 AM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Presidential Advice and Senate Consent: The Past, Present and Future of Policy Czars". See, notice. Location: Room 342, Dirksen Building.

2:00 - 3:30 PM. The American Bar Association (ABA) will host a panel discussion by audio webcast and teleconference titled "Advising your Clients on the Development and Use of Open Source Software". The speakers will be Ben Kleinman (Knobbe Martens), Heather Meeker (Greenberg Traurig), Jennifer O'Neill (CA, Inc.), Robert Tiller (Red Hat, Inc.). The price to participate ranges from $60 to $125. This event qualifies for continuing legal education (CLE) credits. See, notice.

Day one of a two day event hosted by the Department of Defense titled "2009 DoD Spectrum Symposium". See, agenda. Location: Hyatt Regency Hotel (Crystal City), Arlington, VA.

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to it Public Notice regarding qualifying information for recognizing laboratory accreditation bodies and ACLASS application for recognition. This item is DA 09-2049 in ET Docket No. 09-161.

9:00 - 10:30 AM. The Technology Policy Institute (TPI) will host an event titled "The Boundaries of Government in a Digital Age: Should the Government Prepare Personal Income Tax Returns?" The speakers will be Ian Liddell-Granger (UK Member of Parliament), Joseph Cordes (George Washington University), William Frenzel (Brookings Institution), William Gale (Brookings Institution), and Arlene Holen (TPI). Breakfast will be served. See, notice. Location: National Press Club, First Amendment Lounge, 13th Floor, 529 14th St. NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Allan Wexler (New York University). He is a professor of economics who has written about newspaper companies, the concrete industry, and other topics. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:30 PM. The Public Knowledge (PK) will host its annual reception and awards event. RSVP to pk at publicknowledge dot org or 202-518-0020. Location: 144 Constitution Ave., NW.

Day one of a three day convention hosted by the American Intellectual Property Law Association (AIPLA) titled "2009 Annual Meeting". Location: Marriott Wardman Park.

Day two of a two day event hosted by the Department of Defense titled "2009 DoD Spectrum Symposium". See, agenda. Location: Hyatt Regency Hotel (Crystal City), Arlington, VA.

Effective date of most of the Federal Communications Commission's (FCC) rules changes regarding its C-band and Ku-band licensing and service rules for Earth Stations on Board Vessels (ESVs). The FCC adopted its order [45 pages in PDF] on July 30, 2009. It is FCC 09-63 in IB Docket No. 02-10. See, notice in the Federal Register, September 15, 2009, Vol. 74, No. 177, at Pages 47100-47107.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993 (and) Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services". (Parentheses added.) This NOI is FCC 09-67 in WT Docket No. 09-66. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-72).

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its Notice of Inquiry (NOI) [23 pages in PDF] in its proceeding titled "In the Matter of Fostering Innovation and Investment in the Wireless Communications Market (and) A National Broadband Plan For Our Future". (Parentheses added.) This NOI is FCC 09-66 in GN Docket Nos. 09-157 and 09-51. The FCC adopted and released this NOI on August 27, 2009. See, notice of extension (FCC 09-73).

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for journalists, federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2009 David Carney. All rights reserved.