10/9. Sharon Gillett, Chief of the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) sent a letter [3 pages in PDF] to Google regarding its "Google Voice service".

Gillett's letter, which follows a letter in the nature of a complaint from AT&T, asks for technical information about Google Voice, Google's interpretation of how it fits within the FCC's regulatory regime, and what are Google's future plans for Google Voice.

Contents of FCC Letter. The letter begins by reciting the FCC's current understanding. "We understand that Google Voice offers a number of different functionalities, including: (a) the ability to have calls to a Google Voice telephone number forwarded to designated telephone numbers; (b) the ability to place outgoing calls from the Google Voice website; (c) the ability to place outgoing calls from the Google Voice mobile site; and (d) the ability to place outgoing calls by calling your own Google number and signing into the Google voicemail system."

It then asks three sets of questions about Google Voice: First, "For each of these functionalities, and any other functionalities that allow Google Voice users to place calls, please describe how the Google Voice call is routed and whether calls to particular telephone numbers are restricted. For each functionality for which calls to particular telephone numbers are restricted, please describe the technological means by which those restrictions are implemented."

Second, "How does Google inform Google Voice users about any restrictions in the numbers to which calls can be placed using Google Voice?"

Third, "To what extent are each of these Google Voice functionalities offered for free? To what extent, if any, does Google charge for any of these services? Does Google intend to charge at some point for the service? How does Google currently pay for the service?"

The letter also asks what Google means by "invitation-only.". It also asks, "How many users of Google Voice are there at this time? Are there any plans to offer Google Voice on other than an invitation-only basis?" (Footnote omitted.)

It also calls on Google to offer legal conclusions. "How does Google believe its various Google Voice services fit within the statutory classifications in the Communications Act of 1934, as amended (the Act) and the Commission’s regulatory classifications (e.g., interconnected VoIP)? Do you believe its ``invitation-only´´ subscribership affects the classification of Google Voice in any way? If so, please explain. Does the Google Voice service compete with any services classified as “telecommunications services” under the Act? Is Google Voice a reseller of ``telecommunications services?´´" (Parentheses in original. Footnote omitted.)

The letter also asks, "How does Google identify the telephone numbers to which it restricts calls? Does it restrict calls to individual telephone numbers, or to particular exchanges or NPA-NXXs? Why does Google Voice restrict calls to these numbers?"

Finally, it asks, "Does Google contract with third parties to obtain inputs for its Google Voice service, such as access to telephone numbers, transmission of telephone calls, and interconnection with local telephone networks? Please provide the names of such third parties."

The letter is directed to Google's Richard Whitt.

It sets an October 28, 2009, deadline for Google to respond. The FCC has not requested public comment in this letter or other notice.

The FCC's letter is numbered DA 09-2210, but lists no proceeding number. It does not reference WC Docket No. 07-135, the FCC's call blocking proceeding. The FCC has not yet assigned a number to its network neutrality proceeding. It may do so on October 22, 2009, when it is scheduled to adopt its network neutrality notice of proposed rulemaking (NPRM). The docket numbers associated with the FCC's 2005 Policy statement are CC Docket Nos. 02-33, 01-337, 95-20, and 98-10, GN Docket No. 00-185, and CS Docket No. 02-52). Finally, the FCC's omnibus IP enabled services proceeding is WC Docket No. 04-36.

AT&T Letter. The FCC's letter follows the September 25, 2009, letter [PDF] of AT&T to the FCC regarding Google Voice, call blocking, and the 2005 Policy Statement. See, story titled "AT&T Accuses Google of Call Blocking and/or Violation of Network Neutrality Principles" in TLJ Daily E-Mail Alert No. 1,990, September 27, 2009, and story titled "More Reaction to AT&T Letter to FCC Re Google Voice" in TLJ Daily E-Mail Alert No. 1,993, September 30, 2009.

AT&T wrote then that "Google is systematically blocking telephone calls from consumers that use Google Voice to call telephone numbers in certain rural communities".

AT&T wrote that "Other providers ... are banned from call blocking because in June 2007, the Wireline Competition Bureau emphatically declared that all carriers are prohibited from pursuing ``self help actions such as call blocking.´´ The Bureau expressed concern that call blocking ``may degrade the reliability of the nation’s telecommunications network.´´" See, June 28, 2007, Declaratory Ruling and Order (DR&O) [4 pages in PDF].

AT&T continued that "Google Voice includes a calling platform that offers unified communications capabilities and a domestic/international audio bridging telecommunications service that, with the assistance of a local exchange carrier known as Bandwidth.com, provides the IP-in-the-middle connection for calls between traditional landline and/or wireless telephones. As such, Google Voice would appear to be subject to the same call blocking prohibition applicable to providers of other telecommunications services." (Footnotes omitted.)

AT&T argued in the alternative. "But even if Google Voice is instead an ``Internet application,´´ Google would still be subject to the Commission's Internet Policy Statement, whose fourth principle states that ``consumers are entitled to competition among network providers, application and service providers, and content providers.´´" See, the FCC's policy statement [3 pages in PDF], adopted on August 5, 2005. See also, stories titled "FCC Adopts a Policy Statement Regarding Network Neutrality" in TLJ Daily E-Mail Alert No. 1,190, August 8, 2005, and "FCC Releases Policy Statement Regarding Internet Regulation" in TLJ Daily E-Mail Alert No. 1,221, September 26, 2005.

Finally, the letter asserts that "Google is also flouting the so-called ``fifth principle of non-discrimination´´ for which Google has so fervently advocated. According to Google, non-discrimination ensures that a provider ``cannot block fair access´´ to another provider. But that is exactly what Google is doing when it blocks calls that Google Voice customers make to telephone numbers associated with certain local exchange carriers." (Footnote omitted.)

FCC Chairman Julius Genachowski gave a speech [8 pages in PDF] on September 21, 2009, in which he advocated writing regulations that contain the four principles in the 2005 policy statement, plus the principles of non-discrimination and transparency. See, story titled "Genachowski, Copps and Clyburn Back Net Neutrality Rules", and related stories, in TLJ Daily E-Mail Alert No. 1,986, September 22, 2009.

Google Statement of September 25. Google issued a release on September 25, 2009, defending its Google Voice.

It wrote that "Local telephone carriers charge long-distance companies for originating and terminating calls to and from their networks. Certain local carriers in rural areas charge AT&T and other long-distance companies especially high rates to connect calls to their networks. Sometimes these local carriers partner and share revenue with adult chat services, conference calling centers, party lines, and others that are able to attract lots of incoming phone calls to their networks."

"Under the common carrier laws, AT&T and other traditional phone companies are required to connect these calls." (Hyperlink removed.) Google continued that "We agree with AT&T that the current carrier compensation system is badly flawed, and that the single best answer is for the FCC to take the necessary steps to fix it."

Google elaborated that "Google Voice's goal is to provide consumers with free or low-cost access to as many advanced communications features as possible. In order to do this, Google Voice does restrict certain outbound calls from our Web platform to these high-priced destinations. But despite AT&T's efforts to blur the distinctions between Google Voice and traditional phone service, there are many significant differences:"

"Unlike traditional carriers, Google Voice is a free, Web-based software application, and so not subject to common carrier laws." Moreover, "Google Voice is not intended to be a replacement for traditional phone service -- in fact, you need an existing land or wireless line in order to use it. Importantly, users are still able to make outbound calls on any other phone device."

It added that "Google Voice is currently invitation-only, serving a limited number of users."

Reaction to FCC Letter to Google. Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "this service offers people additional ways to make phone calls -- and it's free. That’s bound to rattle existing big telephone companies."

"When there is robust competition among Internet applications, one carrier or service does not have to be all things to all people. Customers can vote with their feet, or hang up perhaps, if they don't like the policies. A web application like Google Voice helps boost innovation and competition."

Black concluded that "What we hope comes from this query is a better understanding of the need to reform antiquated intercarrier compensation rules."

Gigi Sohn, head of the Public Knowledge, stated in a release that the FCC has "asked some very legitimate questions".

She added that this "inquiry should be more far-reaching than this relatively isolated case. We learned recently that another VoIP provider, Speakeasy.com, reserved the right to block calls to rural areas."

She added that this "inquiry has nothing to do with issues of an open, non-discriminatory Internet, as AT&T alleged when it brought the issue of Google Voice to the Commission’s attention last month. Neither does it have anything to do with denying service to rural customers, as others have said. It has to do with the clash between traditional telephone services and new technological realities."

10/9. Google is an internet company. AT&T is a telecommunications company. But recently, Google has been increasingly involving itself in telecommunications matters, as evidenced by its development of the Android mobile operating system, its membership in the Open Handset Alliance (OHA), its involvement in the Federal Communications Commission's (FCC) 700 MHz auction, and its Google Voice. Also, AT&T is a leading provider of broadband internet access.

The internet and telecommunications are based on vastly different business models, practices, cultures and regulatory regimes. The present fracas involves interconnection. The internet and telecommunications have widely divergent practices and rules in this area.

The originators of the internet developed interconnection without any statutory mandate or heavy handed regulatory regime. It was accomplished by cooperation and free markets. The internet is made up of networks, with different owners, which exchange traffic pursuant to peering and transit agreements. (In a peering agreement the parties agree to exchange traffic at no charge; an FCC Wireline Competition Bureau lawyer might call this "bill and keep". In a transit agreement one party sells access to its network.)

Interconnection in the internet is market driven, unregulated, and global. And, it has accomplished much -- arguably vastly more than the FCC has accomplished through its regime of mandates and regulation.

In telecommunications interconnection is a government mandate, enforced by the iron fist of the FCC. Moreover, once the government has removed interconnection from the market, and mandated interconnection, it follows that it must also mandate the terms and prices of each interconnection transaction. The FCC is very good at mandating interconnection, but woefully incapable of handling the regulation of prices.

Google Voice is now blocking calls to certain destinations where the FCC price regime sets ridiculously high prices -- prices that would never be attained through a market transaction. Moreover, the FCC's regime opens telecommunications to traffic pumping schemes.

Google has acted like an internet company, offering a service in what it perceives is a free and competitive internet market. Moreover, internet companies have long been involved in blocking from the edges undesirable traffic, such as hackers, DOS attacks, spam, and porn, without government permission or mandates.

Google now asserts that it is not a common carrier, and that it has developed an application. Moreover, Google argues, the FCC's interconnection and intercarrier compensation regime doesn't make sense. These are all accurate statements.

Google continues that the Communications Act's provisions, and the FCC's regulations, regarding common carriers, interconnection, and intercarrier compensation, do no reach it. As a matter of the literal language of statutes and regulations, Google is accurate. However, as a matter of FCC history and practice, Google misses the reality of telecommunications regulation.

The FCC has a history of applying statutes in a manner that is inconsistent with the plain meaning of the words in the statute. More to the point, when a new technology emerges, that is not covered by the statute, but which may serve as a substitute for a covered service, or diminish the revenue base of regulated companies, the FCC has often construed the statute to cover entities that would not be covered by a literal reading of the statute.

Cogent legal arguments and sound economic analysis have limited persuasive effect at the FCC when its major policy goals are at stake. This does not bode well for Google.

Consider, for example, the FCC's decision to expand CALEA regulation. Subsequent to passage of the CALEA (47 USC §§ 1001-1010) in 1994, new technologies for communicating were deployed that are not covered by the statute. Law enforcement and intelligence agencies bent on attaining universal surveillance could not obtain the new statutory language that they sought via Congressional legislation. The FCC stepped in to mandate the application of CALEA like regulation to services not covered by the CALEA statute. FCC lawyers took the statutory language and assigned new and implausible meanings to words and phrases of the statute to reconstruct the statute to the liking of the law enforcement and intelligence agencies.

Consider, as another example, the FCC's decisions applying various common carrier regulatory components to VOIP services in the absence of statutory language allowing the FCC to do so. In proceedings such as these the FCC has been as brutal to the providers of the new disruptive technologies, as it has been to the English language.

The point is, applying (or misapplying) existing FCC authority to Google applications, such as Google Voice, that relate to communications, would be consistent with the way the FCC has approached other new technologies that touch on communications.

For the purpose of predicting the FCC's course of action, it may not be necessary to resolve the question of whether there is an inconsistency between Google's attempt to impose common carrier like regulation on internet access service providers under the rubric of network neutrality, and Google's argument now that common carrier like regulation should not be applied to it. Companies can avoid embarrassment before the FCC when they advance inconsistent arguments in different proceedings -- perhaps because the FCC indulges in the practice itself.

However, in one respect, the Google Voice application is different from the VOIP technologies targeted by the FCC in previous years. Google's lobbying and rent seeking operations in Washington DC are much better financed and organized than were those of the providers of VOIP applications earlier in this decade.

The FCC, as Supreme Court Justice John Paul Stevens wrote in the April 28, 2009 opinion [72 pages in PDF] in FCC v. Fox, is essentially "an agent of Congress" to which the Congress delegates legislative authority. Google may be in a better position to influence the FCC indirectly through the Congress and the Obama administration.

On the other hand, the FCC and the House and Senate Commerce Committees have an interest in maintaining authority over communications, which would be undermined if internet application developers could circumvent FCC regulatory mandates. Moreover, the telecommunications companies have long financed some of the finest government relations operations in Washington. They have a record prevailing in some of their efforts to use the legislative and administrative process to thwart disruptive technologies that threaten their revenues. And, it should be noted too that the traffic pumpers and other beneficiaries of the FCC's dilapidated intercarrier compensation regime are based in states that have just as many Senators as Google's California.

10/9. The Federal Communications Commission (FCC) released an Order and Notice of Proposed Rulemaking [13 pages in PDF] in its proceeding titled "In the Matter of High-Cost Universal Service Support; Coalition for Equity in Switching Support Petition for Clarification".

This pertains to the effect of line loss on universal service Local Switching Support (LSS) received by incumbent local exchange carriers (LEC) that are designated as eligible telecommunications carriers (ETC).

This order and NPRM states that "Pursuant to the LSS mechanism, an incumbent LEC ETC serving 50,000 or fewer lines in a study area may recover a portion of its switching costs from the universal service fund. Under the Commission’s rules, as an incumbent LEC ETC's access lines increase above certain thresholds, the amount of LSS it may receive decreases. In the order portion of this item, we deny the Coalition for Equity in Switching Support's (Coalition's) petition seeking clarification that the Commission’s rules also allow an incumbent LEC ETC’s LSS to increase if the carrier's access lines decrease below those thresholds. As described below, we find no basis in the rules or the record of the Commission’s proceedings to support the clarification the Coalition seeks. In the notice of proposed rulemaking portion of this item, however, we tentatively conclude that the LSS rules should be modified to permit incumbent LEC ETCs that lose lines to increase their LSS, and we seek comment on these proposed rule changes." (Footnotes omitted.)

Commissioner Robert McDowell wrote in his statement [PDF] that "a Universal Service system should not reward companies for losing customers to competitors". Nevertheless, he voted for this item.

Commissioner Meredith Baker (at right) wrote in her statement [PDF] that "the Universal Service Fund is long overdue for a comprehensive overhaul, in light of significantly changed circumstances in the communications marketplace. My support for this item in no way prejudges my consideration of LSS, or any other matter related to high-cost support, in any comprehensive reform proposal that could come before me."

The FCC adopted this item on October 2, 2009, but did not release it until October 9, 2009. It is FCC 09-89 in WC Docket No. 05-337. Initial comments will be due within 14 days of publication of a notice in the Federal Register. Reply comments will be due within 21 days. As of the Friday, October 9, 2009, issue of the Federal Register, this notice had not yet been published.

10/9. President Obama announced his intent to nominate state Judge Christina Reiss to the U.S. District Court for the District of Vermont. See, White House news office release.

10/7. The Senate confirmed Paul Fishman to the the U.S. Attorney for the District of New Jersey for the term of four years. See, Congressional Record, October 7, 2009, at Page S10255.

10/6. The Senate confirmed Tom Perez to be the Assistant Attorney General in charge of the Civil Rights Division (CRD). See, Congressional Record, October 6, 2009, at Page S10169.

10/9. The Government Accountability Office (GAO) released a report [PDF] titled "Telecommunications: Current Broadband Measures Have Limitations, and New Measures Are Promising but Need Improvement". This report states that "Consumers can generally access performance measures of availability, price, advertised speed, and actual delivered speed from broadband providers and third parties to compare services and assist in their decision-making process. Some states have also completed broadband mapping efforts that provide consumers with information on broadband performance, including availability and advertised speed. Industry, government, and other stakeholders also have access to some broadband measures that enable comparisons across various segments of the United States to inform policy positions and guide."

10/9. The Software and Information Industry Association (SIIA) stated in a release that Gary Locke's speech regarding export controls on October 1, 2009, was "one of the most forward-looking speeches on export controls delivered by a Secretary of Commerce in more than a decade". See, story titled "Locke Addresses Reforming the Export Control System" in TLJ Daily E-Mail Alert No. 1,998, October 7, 2009. The SIIA wrote that "The effects of our country's export control regime -- rooted in the 1950's Cold War threat scenario when the U.S. dominated key technology and know-how -- has long been known to impinge on the ability of U.S. companies to compete, and Secretary Locke’s speech provided some excellent examples drawn out of mainstream commerce ..."

10/9. National Institute of Standards and Technology (NIST) published a notice in the Federal Register requesting comments on its draft NIST IR 7628 [236 pages in PDF] titled "Smart Grid Cyber Security Strategy and Requirements". See, Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52183-52184. This notice states that the deadline to submit comments is December 1, 2009. However, the NIST's Computer Security Division (CSD) published this draft document on September 25, 2009, in its web site, and then and there requested comments by November 25, 2009.

10/9. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register requesting comments on its draft document [90 pages in PDF] titled "NIST Framework and Roadmap for Smart Grid Interoperability Standards, Release 1.0". The deadline to submit comments is November 9, 2009. See, Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52181-52183.

10/8. Christine Varney, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, gave a speech in New York City about US end European Commission (EC) antitrust enforcement in the context of single firm conduct. She said that there are differences between the US and EC, but that the two are converging, and that "there is much room for further convergence between the U.S. and the EC". She discussed EC Article 82, and EC statements regarding antitrust enforcement. But, she did not state what changes would occur in the EC, or in the Antitrust Division, to effect convergence. She also discussed fines and other punishment and remedies.

10/8. The Office of the U.S. Trade Representative (OUSTR) released a statement by David Shark, the OUSTR's Deputy Chief of Mission to the World Trade Organization (WTO), on the WTO Trade Policy Review of Chile and intellectual property. He wrote that "we acknowledge that Chile has made some positive efforts to improve its IPR regime, including the creation of a specialized unit within the Chilean police force to handle IPR crimes. In addition, as the Secretariat notes, Chile recently opened a National Institute for Industrial Property to oversee administrative actions related to industrial property. We also understand that Chile recently acceded to the Patent Cooperation Treaty." Nevertheless, Shark continued, "Chile's IPR performance continues to fall well below our expectations. For example, the United States remains concerned about inadequate enforcement against copyright piracy and trademark counterfeiting. We understand that Chile's Congress continues to consider legislation that addresses copyright and other IP issues. We would particularly like to learn more about the status of Chile's pending copyright legislation as well as the government's work to strengthen enforcement mechanisms to fight trademark counterfeiting and copyright piracy."

10/8. The Consumer Electronics Association (CEA) announced that it has published a report titled "Telework and the Technologies Enabling Work Outside Corporate Walls". It is on sale by the CEA for $699. TLJ has not read it.

10/7. The CTIA announced that it has published a report titled "Semi-Annual Wireless Industry Survey". It is on sale by the CTIA. TLJ has not read it.

10/7. The European Commission released a report [91 pages in PDF], which it did not write, titled "Study on activities undertaken to address threats that undermine confidence in the Information Society, such as spam, spyware and malicious software". (Emphasis added.) Viviane Reding (at right), EU Commissioner for Information Society and Media, stated in a release that "Today's figures show that several EU countries are doing more to enforce online privacy rules. However, spam is an area where we can and must improve for the benefit of internet users in the EU". She added that "Although since 2002, European law has prohibited spam and spyware, on average 65% of EU citizens are still affected by spam on a regular basis. We need to step up our fight against spammers and make sure that the EU adopts legislation that provides for strong civil and criminal sanctions against spammers. I call on EU countries to reinforce their national efforts to fight on-line privacy threats such as spam, spyware and malicious software."

10/6. The National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) released its draft SP 800-78-2 [20 pages in PDF] titled "Cryptographic Algorithms and Key Sizes for Personal Identification Verification (PIV)". The deadline to submit comments is 5:00 PM on November 12, 2009.

Columbus Day.

The House will not meet. See, Rep. Hoyer's schedule for the week of October 12.

The Senate 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 AGAIN, TO NOVEMBER 5. 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 for morning hour, and at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for the week of October 12.

The Senate will meet at 2:00 PM. It will resume consideration of HR 2847 [LOC | WW], the "Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010".

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 AGAIN, TO OCTOBER 22. 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). See also, further notice of extension (DA 09-2207).

The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. It may also vote on the conference report on HR 2892 [LOC | WW], the "Department of Homeland Security Appropriations Act, 2010". See, Rep. Hoyer's schedule for the week of October 12.

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.

10:15 PM. The House Judiciary Committee (HJC) will meet to mark up several bills, including HR 3237 [LOC | WW], an untitled bill related to National and Commercial Space Programs. See, notice. Location: Room 2141, Rayburn 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.

2:10 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia, the Pacific and the Global Environment will hold a hearing titled "The Future of APEC". The witnesses will be Kurt Tong (acting U.S. Senior Official to APEC at the Department of State), and Wendy Cutler (Assistant U.S. Trade Representative for Japan, Korea and APEC Affairs). See, notice and Asia Pacific Economic Cooperation web site. Location: Room 2172, Rayburn Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Combating Distracted Driving: Managing Behavioral and Technological Risks". The witnesses will be Ray LaHood (Secretary of Transportation) and Julius Genachowski (FCC Chairman). 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.

The House will meet at 10:00 AM for legislative business. It may vote on the conference report on HR 2892 [LOC | WW], the "Department of Homeland Security Appropriations Act, 2010". See, Rep. Hoyer's schedule for the week of October 12.

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 will also consider four U.S. District Court nominees: Jacqueline Nguyen (CDCal), Edward Chen (NDCal), Dolly Gee (CDCal), and Richard Seeborg (NDCal). The SJC rarely follows is published agendas. See, notice. Location: Room 226, Dirksen Building.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of Patrick Gallagher to be Director of the National Institute of Standards and Technology (NIST). See, notice. Location: Room 253, Russell Building.

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 AGAIN, TO OCTOBER 22. 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). See also, further notice of extension (DA 09-2207).

EXTENDED AGAIN, TO NOVEMBER 5. 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). See, further notice of extension (DA 09-2206).

Rep. Hoyer's schedule for the week of October 12 states that the House will meet at 9:00 AM, but that "no votes are expected in the House".

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, notice in the Federal Register, September 22, 2009, Vol. 74, No. 182, at Page 48191.

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

There will be no votes in the House.

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.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "Wireless Investment, Innovation & Competition: Advance or Retreat?". The speakers will be Brett Glass (Lariat Networks), Kathleen Ham (T-Mobile USA), Thomas Hazlett (George Mason University), Ruth Milkman (Chief of the FCC's Wireless Telecommunications Bureau), Craig Moffett (Bernstein Research), Gregory Rosston (Stanford University), Wayne Leighton (Empiris LLC) and Barbara Esbin (PFF). Lunch will be served. See, notice and registration page. Location: Room 902, Hart Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Work/Life Balance for the Working Parent". The speakers may include be Lisa Cordell (Womble Carlyle), Paige Fronabarger (Wilkinson Barker Knauer), Angela Giancarlo (Office of FCC Commissioner Robert McDowell), Tarah Grant (Hogan & Hartson), and Matt Wood (Media Access Project). For more information contact Tarah Grant at tsgrant at hhlaw dot com or Micah Caldwell at mcaldwell at fh-law dot com. Location: Hogan & Hartson, Room 13W-101, 555 13th St., NW.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] "Superfusion: How China and America Became One Economy and Why the World's Prosperity Depends on It". The speakers will be Zachary Karabell (author) and Steve Clemons (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

2:00 - 6:00 PM. Day one of a three day meeting of the Department of Homeland Security's (DHS) Homeland Security Information Network Advisory Committee. See, notice in the Federal Register, October 9, 2009, Vol. 74, No. 195, at Pages 52250-52251. Location: Bolger Center, 9600 Newbridge Drive, Potomac, MD.

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