10/8. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology, and the Internet amended and approved HR 1147 [LOC | WW], the "Local Community Radio Act of 2009", a bill regarding low power FM (LPFM) radio.

The Subcommittee approved an amendment in the nature of a substitute [11 pages in PDF], and the bill as amended, by unanimous voice votes.

This bill, as amended, provides that the Federal Communications Commission (FCC) "shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to -- (1) prescribe protection for co-channels and first and second-adjacent channels; and (2) prohibit any applicant from obtaining a low power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation" of 47 U.S.C. § 301.

The bill also provides that the FCC "shall modify its rules to eliminate third-adjacent minimum distance separation requirements between -- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations."

The bill also contains other directions to the FCC regarding amendment of its LPFM rules.

10/8. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology, and the Internet amended and approved HR 1084 [LOC | WW], the "Commercial Advertisement Loudness Mitigation Act (CALM Act)".

This bill addresses the practice of television broadcast stations, cable operators, and other multichannel video programming distributors of playing advertisements louder than other content.

The Subcommittee approved an amendment in the nature of a substitute [2 pages in PDF], and the bill as amended, by unanimous voice votes.

This bill provides that within one year of enactment the Federal Communications Commission (FCC) "shall" write rules that "incorporate by reference" the document titled "Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television", and "any successor thereto", approved by the Advanced Television Systems Committee (ATSC), "insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor".

That is, this bill delegates legislative authority to a private standards setting body.

The bill also provides that the FCC may grant up to two one year waivers for entities that demonstrate hardship.

Members of the Subcommittee discussed at the markup the possible effect of this bill on small cable operators. The language of the bill may be further revised prior to adoption by the full Committee or House.

The ATSC will host a one day meeting on November 4, 2009, in Washington DC at the offices of the law firm of Wiley Rein. See, notice.

10/8. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology, and the Internet amended and approved HR 1258 [LOC | WW], the "Truth in Caller ID Act of 2009".

The Subcommittee approved an amendment in the nature of a substitute [4 pages in PDF], and the bill as amended, by unanimous voice votes.

This bill, as amended, provides "It shall be unlawful for any person within the United States, in connection with any real time voice communications service, regardless of the technology or network utilized, to cause any caller ID service to transmit misleading or inaccurate caller ID information, with the intent to defraud or cause harm."

The bill carves out an exception for law enforcement and intelligence.

It adds that "Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller ID service to transmit caller ID information."

This bill would amend the Communications Act, and require the Federal Communications Commission (FCC) to write implementing regulations within six months.

It would also require the FCC to examine whether its regulations "should be revised to require non-commercial calls to residential telephone lines using an artificial or pre-recorded voice to deliver a message to transmit caller ID information that is not misleading or inaccurate".

There is a separate bill, HR 1110 [LOC | WW], the "Preventing Harassment through Outbound Number Enforcement Act of 2009" or "PHONE Act". That bill would create a criminal prohibition of certain caller ID spoofing. It is a House Judiciary Committee (HJC) bill.

10/8. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology, and the Internet approved, without amendment, HR 3633 [LOC | WW], by unanimous voice vote.

This is an untitled bill that would allow the funding for the interoperable emergency communications grant program established under the Digital Television Transition and Public Safety Act of 2005 to remain available until expended through fiscal year 2012

Rep. Jane Harman (D-CA) (at right) introduced this bill on September 23, 2009.

Sen. Jay Rockefeller (D-WV) and Sen. Kay Hutchison (R-TX) introduced S 1694 [LOC | WW], the companion bill in the Senate, on September 22, 2009. For a summary of that bill, see story titled "Senators Introduce Bill to Extend Interoperable Emergency Communications Grant Program" in TLJ Daily E-Mail Alert No. 1,991, September 28, 2009.

Others House bills related to extending this program include HR 1819 [LOC | WW], and HR 3348 [LOC | WW].

10/8. The Federal Communications Commission (FCC) issued a Public Notice [PDF] requesting comments regarding whether backhaul costs stand as impediments to further broadband deployments.

The FCC seeks comments on the cost and availability of middle and second mile transport services. It propounds nine pages of specific questions.

The FCC defines "middle mile transport" as "the transport and transmission of data communications from the central office, cable headend, or wireless switching station to an Internet point of presence". It defines "second mile transport" as "the transport and transmission of data communications from the first point of aggregation (such as a remote terminal, wireless tower location, or HFC node) to the point of connection with the middle mile transport". (Parentheses in original.

The FCC seeks answers to these questions to assist it in drafting a document titled "National Broadband Plan". This item is DA 09-2186 in GN Docket Nos. 09-47, 09-51, and 09-137. Deadline to submit comments is November 4, 2009.

10/8. The Federal Communications Commission (FCC) issued a Public Notice [10 pages in PDF] requesting comments regarding cost estimates and models for providing fiber optic connectivity to "anchor institutions, such as public schools and libraries, community colleges, and hospitals".

This item attaches a copy of a document submitted by the Bill & Melinda Gates Foundation titled "Preliminary Cost Estimates on Connecting Anchor Institutions to Fiber". The FCC asks questions about its contents.

The FCC seeks answers to these questions to assist it in drafting a document titled "National Broadband Plan". This item is DA 09-2194 in GN Docket Nos. 09-47, 09-51, and 09-137. Deadline to submit comments is October 28, 2009.

10/8. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WTB) issued a Protective Order [10 pages in PDF] regarding proprietary or confidential information submitted to the FCC in its proceeding to write a document titled "National Broadband Plan".

This order does not amend the FCC's rules regarding implementation of the federal Freedom of Information Act (FOIA), or the FCC's procedural rules to be followed in FCC proceedings generally. It only applies to this one broadband plan proceeding.

The document states that "to facilitate the submission of such information, we will permit persons submitting such documents and information to designate those materials as Highly Confidential and, as provided below, we will limit access to such materials to Outside Counsel of Record, their employees, and Outside Consultants and experts whom they retain to assist them in this proceeding."

It adds that "This Protective Order does not, however, constitute a resolution of the merits concerning whether any information submitted under the Protective Order would be released publicly by the Commission upon a proper request under the Freedom of Information Act (``FOIA´´) or otherwise."

It also states that persons obtaining access to either "Confidential" or "Highly Confidential" documents submitted in this proceeding may "use the information solely for the preparation and conduct of this National Broadband Plan proceeding".

This document provides that persons obtaining such access must first sign an acknowledgement that they have read and are bound by this order. Form acknowledgements are attached as exhibits.

This item is DA 09-2187 in GN Docket No. 09-51.

9/22. The U.S. Court of Appeals (3rdCir) issued its opinion [16 pages in PDF] in AT&T v. FCC, granting AT&T's petition for review of a Federal Communications Commission (FCC) order holding that a corporation is not entitled to "personal privacy" in the context of requests for records under the federal Freedom of Information Act (FOIA).

SBC (now AT&T) disclosed to the FCC that it had overcharged on an e-rate project in New London, Connecticut. The FCC investigated. AT&T provided records to the FCC. That matter was resolved by consent decree.

CompTel submitted a request to the FCC for the AT&T e-rate investigation file, pursuant to the federal FOIA, which is codified at 5 U.S.C. § 552.

AT&T asserted that the FCC could not release the file, because it was prohibited from doing so under Subsection 552(b)(7(C). This subsection provides that "This section does not apply to matters that are ... records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ... could reasonably be expected to constitute an unwarranted invasion of personal privacy".

The FCC's Enforcement Bureau (EB) concluded that this subsection is inapplicable to AT&T, a corporation, because it only applies to "personal" privacy.

The FCC issued a Memorandum Opinion and Order [PDF] rejecting AT&T's request for review of the EB order. That order, which is the subject of the petition for review, is FCC 08-207.

AT&T brought the present petition for review. Comptel intervened. The Court of Appeals granted the petition, and remanded to the FCC.

The Court of Appeals wrote that the "FOIA itself does not prohibit disclosure of information falling within its exemptions. When information falls within an exemption, no party can compel disclosure, but the FCC can still make a disclosure on its own accord unless some independent source of law prohibits the agency from doing so."

But, the FCC has promulgated a rule, codified at 47 C.F.R. § 0.457(g)(3), that prohibits the disclosure of information covered by Exemption 7(C).

The Court of Appeals also noted that the FCC's interpretation of exemption 7(C) is not entitled to Chevron deference.

The Court then proceeded to the main issue, whether "personal privacy" applies to a corporation, like AT&T. The Court wrote that the FOIA also defines "person" to include "an individual, partnership, corporation, association, or public or private organization other than an agency", and the word "personal" in exemption 7(C) derives from and refers back to the word "person" in the definitions.

Thus, the Court concluded, "we hold that FOIA's text unambiguously indicates that a corporation may have a ``personal privacy´´ interest within the meaning of Exemption 7(C)."

Exemption 7(C) refers to an "unwarranted invasion of personal privacy". The Court concluded that since the FCC concluded that AT&T was not entitled to "personal privacy", it never reached the question of whether disclosing the records would be "unwarranted". Hence, the Court concluded that there is no decision on this question for it to review, and that the case must be remanded to the FCC for a determination regarding whether disclosure would be "unwarranted".

This case is AT&T v. FCC and USA, respondents, and Comptel, intervenor, U.S. Court of Appeals for the 3rd Circuit, App. Ct. No. 08-4024, a petition for review of a final order of the FCC. Judge Chagares wrote the opinion of the Court of Appeals, in which Judges Fuentes and Wallace Tashima (USCA/9thCir) joined.

10/8. The U.S. Patent and Trademark Office (USPTO) issued a release that states that David Kappos, head of the USPTO, "has signed a new Final Rule rescinding ... regulations ... which addressed the number of continuation applications as well as the number of claims that could be included within each application".

At issue are patent rules announced in 2007 relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. The USPTO announced, described, and recited these rules in a notice in the Federal Register (August 21, 2007, Vol. 72, No. 161, at Pages 46715-46843).

Kappos (at right) stated in this release that "The USPTO should incentivize innovation, develop rules that are responsive to its applicants’ needs and help bring their products and services to market ... These regulations have been highly unpopular from the outset and were not well received by the applicant community. In taking the actions we are announcing today, we hope to engage the applicant community more effectively on improvements that will help make the USPTO more efficient, responsive, and transparent to the public."

The USPTO's release also states that the USPTO "will file a motion to dismiss and vacate the federal district-court decision in a lawsuit filed against the USPTO that sought to prevent the rules from taking effect."

That is, Triantafyllos Tafas and GlaxoSmithKline challenged these rules. This is the Tafas case, currently on appeal to the U.S. Court of Appeals (FedCir). The name of this case -- Tafas v. Dudas, Tafas v. Doll, Tafas v. Kappos -- has varied with the changes in leadership at the USPTO.

Tafas and GlaxoSmithKline filed a complaint in the U.S. District Court (EDVa) against the USPTO asserting that the USPTO exceeded its statutory authority in promulgating the rules at issue. The District Court held that the USPTO exceeded its authority.

The USPTO brought the present appeal. A three judge panel of the Court of Appeals issued its divided opinion [55 pages in PDF] on March 20, 2009, holding that "Final Rules 75, 78, 114, and 265 are procedural rules that are within the scope of the USPTO's rulemaking authority. However, we find that Final Rule 78 conflicts with 35 U.S.C. § 120 and is thus invalid."

Judge Randall Rader wrote in dissent that "Because the Final Rules drastically change the existing law and alter an inventor’s rights and obligations under the Patent Act, they are substantive and the PTO exceeded its statutory rulemaking authority under 35 U.S.C. § 2(b)(2)."

On July 6, 2009, the Court of Appeals issued an order [3 pages in PDF] granting the petition for rehearing en banc, and vacating the March 20, 2009, panel opinion. See also, August 21, 2009, order [2 pages in PDF]. The en banc panel has not yet issued its opinion.

This case is Tafas v. David Kappos, U.S. Court of Appeals for the Federal Circuit, App. Ct. No. 2008-1352, an appeal from the U.S. District Court for the Eastern District of Virginia, D.C. Nos. 1:07-CV-846 and 1:07-CV-1008, Judge James Cacheris presiding. The March 20, 2009, opinion is also reported at 559 F.3d 1345.

The is also the matter of pending patent reform legislation. If enacted into law, it could contain language granting the USPTO substantive rulemaking authority.

Representatives and Senators introduced patent reform bills on March 3, 2009. Sen. Patrick Leahy (D-VT) and others introduced S 515 [LOC | WW], the "Patent Reform Act of 2009". See, story titled "Patent Reform Bills Introduced" in TLJ Daily E-Mail Alert No. 1,908, March 4, 2009. The SJC amended and approved this bill on April 2, 2009, and reported it on May 12, 2009. See, Senate Report No. 111-18. (This report includes a copy of the bill as amended by the SJC.) However, the full Senate has taken no action. The House bill, HR 1260 [LOC | WW], also titled the "Patent Reform Act of 2009", is sponsored by Rep. John Conyers (D-MI), Rep. Lamar Smith (R-TX), and others. The HJC held a hearing on patent reform on April 30, 2009. However, the HJC has not yet marked up its bill, or taken any other action.

S 515 RS and HR 1260 would give the USPTO authority to set fees. The Department of Commerce (DOC) and its USPTO advocate giving the USPTO full substantive rulemaking authority. See, October 5, 2009, DOC letter [PDF], and story titled "DOC/USPTO Write Senators Regarding Patent Reform Legislation" in TLJ Daily E-Mail Alert No. 1,998, October 7, 2009.

10/8. The Federal Communications Commission (FCC) Wireless Telecommunications Bureau (WTB) released a Public Notice and Appendix A that "identifies 16 applicants found to be qualified to bid in the upcoming auction of 78 licenses" in Auction 86. This is the broadband radio service auction scheduled to begin on October 27, 2009.

10/8. The Office of the U.S. Trade Representative (OUSTR) announced in a release that USTR Ron Kirk met with Japan's Minister of Agriculture, Forestry and Fisheries, Hirotaka Akamatsu, and that the two discussed, among other things, the World Trade Organization (WTO) Doha Development Agenda, and the Asia Pacific Economic Cooperation (APEC) forum. The release states that the discussion was "wide-ranging". However, it says nothing about communications issues, intellectual property, or the negotiation of an Anti-Counterfeiting Trade Agreement (ACTA).

10/8. The Federal Trade Commission (FTC) released a notice, to be published in the Federal Register, that announces, describes, recites, and sets the comment deadline for, its proposed rules regarding deceptive marketing of purportedly free credit reports. Section 205 of the "Credit Card Accountability Responsibility and Disclosure Act of 2009", or "Credit CARD Act", requires this rule making proceeding. This bill is HR 627 [LOC | WW]. It is now Public Law No. 111-24. Comments are due by November 30, 2009. As of the Friday, October 9, 2009, issue of the Federal Register, this notice had not yet been published.

The House will meet at 10:00 AM. Rep. Hoyer's schedule for week of October 5, 2009, states that "no votes are expected in the House".

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

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).

The House will meet at 12:30 PM.

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.

1:00 - 1:30 PM. Ruth Milkman, Chief of the FCC's Wireless Telecommunications Bureau (WTB) will host an event titled "press availability forum with reporters to discuss her principles and philosophies, her expectations for WTB, and her long range goals". The FCC stated in a release that "Credentialed reporters who plan to attend should contact Matthew Nodine" at matthew dot nodine at fcc dot gov, and arrive 15 minutes early to stand in lines. Location: FCC, Conference Room 6600, 445 12th 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.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Combating Distracted Driving: Managing Behavioral and Technological Risks". See, notice. Location: Room 253, Russell Building.

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.

8:30 - 11:00 AM. The Phoenix Center for Advanced Legal & Economic Public Policy Studies will host an event titled "Internet Use and Depression Among the Elderly". The speakers will be Chris Baker (AARP), Daniel Wilson (National Caucus and Center on Black Aged), Anthony Sudler (Alzheimer's Association), and John Alger (SeniorNet). Breakfast will be served. See, notice. RSVP to 202-274-0235 or info at phoenix-center dot org. Location: University Club, 1135 16th St., NW.

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.

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 379 [LOC | WW], the "Performance Rights Act". The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

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).

8:30 AM - 5:00 PM. The National Science Foundation's (NSF) Advisory Committee for Computer and Information Science and Engineering will meet. See, notice in the Federal Register, September 11, 2009, Vol. 74, No. 175, at Page 46797. Location: Room 1235, NSF, 4201 Wilson Blvd., Arlington, VA.

8:30 AM - 5:30 PM. The American Bar Association's (ABA) Section of Antitrust will host a conference titled "Antitrust Litigation Course: Preparing and Trying an Antitrust Case". The speakers will include Molly Boast (Deputy Assistant Attorney General for Civil Matters, DOJ's Antitrust Division) and Robert Robertson (Chief Trial Counsel, Federal Trade Commission). Prices vary. See, conference web site. Location: Hogan & Hartson, 555 13th St., NW.

9:30 AM. The U.S. Court of Appeals (DCCir) will hold oral argument in Core Communications v. FCC, App. Ct. No. 08-1365. This case pertains to intercarrier compensation for ISP bound traffic. See, FCC's brief [108 pages in PDF]. Judges Sentelle, Williams and Randolph will preside. Location: 333 Constitution Ave., NW.

12:00 NOON - 2:00 PM. The Technology Policy Institute (TPI) will host a panel discussion titled "Antitrust and the Dynamics of Competition in High-Tech Industries". The speakers will be David Evans (University of Chicago), Douglas Melamed (Wilmer Hale), Philip Weiser (DOJ Antitrust Division), Joshua Wright (George Mason University law school), Jonathan Zuck (Association for Competitive Technology), and Thomas Lenard (TPI). See, registration page. Or register by contacting Ashley Creel at 202-828-4405 or events at techpolicyinstitute dot org. Lunch will be served. Location: Room B-369, Rayburn Building, Capitol Hill.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a brown bag lunch titled "The Cablevision DVR Case: What Was Decided, What's Next for VOD and Online". The speakers will include Robert Garrett (Arnold & Porter), Jim Burger (Dow Lohnes), and Dan Brenner (Hogan & Hartson). The FCBA often excludes people from its meetings. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "The Role of Satellite in the National Broadband Plan". The FCBA adds that this event will address the following topics: "How does satellite broadband work? Is it a cost-effective way to cover geographic areas unserved by terrestrial broadband providers? Are there technical barriers that diminish the on-line experience? What is the timing for, and what are the capabilities of, next generation broadband satellites?" The speakers may include John Giusti (Chief of Staff to FCC Commissioner Michael Copps), Erwin Hudson (CTO of WildBlue Communications), Dean Manson (SVP/GC of Hughes Network Services), Leo Mondale (Inmarsat), and Bob Koppel (WildBlue Communications). RSVP by October 13 to Jennifer Ullman at Jennifer dot ullman at verizon dot com. The FCBA often excludes people from its meetings. Location: Verizon, Suite 400 West, 5th Floor, 1300 I St., NW.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Wired for Innovation". The speakers will be Rob Atkinson (ITIF) and Erik Brynjolfsson (MIT), author of the book [Amazon] titled "Wired for Innovation: How Information Technology is Reshaping the Economy". See, notice. Location: ITIF, 1101 K St., NW.

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

Extended deadline to submit reply comments to the Copyright Office (CO) in response to its Notice of Proposed Rulemaking (NPRM) regarding mandatory deposit of electronic works published in the U.S. and available only online. See, noticein the Federal Register, September 22, 2009, Vol. 74, No. 182, at Page 48191.

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