Amended Settlement Agreement Filed
in Google Books Case |
11/13. Google Inc., the Association of American
Publishers (AAP), and the Authors Guild
(AG) filed an amended settlement agreement with the
U.S. District Court (SDNY) in Authors
Guild and American Association of Publishers v. Google.
See, amended
agreement [173 pages in PDF], a copy of
original agreement
marked up with amendments [179 pages in PDF]. Attachments, forms, and other pleadings
are available in the Google Books Settlement
web site.
Google, major U.S. book publishers, and an authors' group seek to settle their disputes,
and enact major revisions to copyright law that are legislative in scope and nature, via the
procedure of class action litigation. Their settlement requires approval by the Court.
On September 18, 2009, the Department of Justice's (DOJ)
Antitrust Division filed a
pleading
[32 pages in PDF] titled "Statement of Interest of the United States of America
Regarding Proposed Class Settlement" in which it urged the Court to "reject the
Proposed Settlement in its current form". The District Court then put off its
hearing on the settlement. See also,
story
titled "DOJ Files Pleading in Google Books Case" in
TLJ Daily E-Mail
Alert No. 1,985, September 21, 2009.
On November 9, 2009, the U.S. District
Court (SDNY) issued an
order [PDF] extending from November 9 to November 13, 2009, the deadline for
the parties to submit an amended settlement agreement.
Google stated in a release
that "The changes we've made in our amended agreement address many of the
concerns we've heard (particularly in limiting its international scope), while
at the same time preserving the core benefits of the original agreement: opening
access to millions of books while providing rightsholders with ways to sell and
control their work online." (Parentheses in original.)
Foreign Rights Holders. The AAP stated in a
release [3 pages in PDF] that "the settlement will only include books that
were either registered with the U.S. Copyright Office or published in the U.K.,
Australia, or Canada".
The DOJ wrote back on September 18 that the original foreign rightsholders
were inadequately represented in the negotiation of the original agreement. It
wrote that the original settlement "operates
to sweep in untold numbers of foreign works, whose authors, under current law,
are not required to register in the same manner as U.S. rightsholders. Many of
those authors have never published works in the United States and are not
members of the Authors Guild or the Association of American Publishers, which
exclude many foreign copyright owners from membership by virtue of their
membership criteria. Moreover, the interests of these class members likely
differ from those of the class representatives."
Anticompetitive Provisions. The AAP stated that "The amended
settlement clarifies how Google's algorithm will work to price books competitively.
The algorithm used to establish consumer purchase prices will simulate the prices
in a competitive market, and prices for books will be established independently of
each other. The agreement also stipulates that the Registry cannot share pricing
information with anyone but the book’s rightsholder."
The AAP also stated that "the amended settlement removes the
non-discrimination clause (commonly called the "Most Favored Nation" clause)
that pertained to the Registry licensing of unclaimed works. The Registry is
free to license to other parties without ever extending the same terms to
Google." (Parentheses in original.)
The DOJ wrote in its pleading that the original agreement "appears to give
book publishers the power to restrict price competition". Also, "other digital
distributors may be effectively precluded from competing with Google in the sale
of digital library products and other derivative products to come."
Unlocated Rightsholders. The AAP release also states that "The amended
settlement agreement requires the Book Rights Registry to search for
rightsholders who have not yet come forward and to hold revenue on their behalf.
The settlement now also specifies that a portion of the revenue generated from
unclaimed works may, after five years, be used to locate rightsholders, but will
no longer be used for the Registry's general operations or redistributed to
other rightsholders. The Registry may ask the court after 10 years to distribute
these funds to nonprofits benefiting rightsholders and the reading public, and
may provide abandoned funds to the appropriate government authority in
compliance with state property laws. The Registry will now also include a
Court-approved fiduciary who will represent rightsholders of unclaimed books,
act to protect their interests, and license their works to third parties, to the
extent permitted by law."
See also, AG
release that describes some changes made by the amended agreement.
This case Authors Guild and Association of American Publishers v. Google,
U.S. District Court for the Southern District of New York, D.C. No. 05 Civ. 8136
(DC).
See also, stories titled "Author's Guild Sues Google for Copyright
Infringement" in TLJ
Daily E-Mail Alert No. 1,218, September 21, 2005, "Major Book Publishers Sue
Google for Digitizing Copyrighted Books" in
TLJ Daily E-Mail Alert No.
1,237, October 20, 2005, and "Google, Publishers and Authors Debate Google's Print
for Libraries Program" in TLJ
Daily E-Mail Alert No. 1,239, October 25, 2005.
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DOJ's Shapiro Discusses Upcoming Revisions
to Horizontal Merger Guidelines |
11/12. Carl Shapiro, Deputy Assistant Attorney General for Economic Analysis
in the DOJ's Antitrust Division, gave a
speech titled "Updating the Merger Guidelines: Issues for the Upcoming
Workshops" at a conference hosted by the
American Bar Association's (ABA) Section
of Antitrust Law in Washington DC.
See also, story titled "Antitrust Division and FTC May Amend Horizontal
Merger Guidelines" in
TLJ Daily E-Mail
Alert No. 1,987, September 23, 2009. The DOJ and FTC have received public
comments. They have yet to host workshops.
Shapiro said that "We are now in the process of organizing five workshops
that will take place during December and January. All workshops are open to the
public and will be webcast."
He said that "if the Guidelines are revised, we anticipate: "retaining the
basic ``hypothetical monopolist´´ test used to ensure that antitrust markets are
not unduly narrowly defined", "continuing to use the Herfindahl-Hirschman Index
(HHI) to measure levels of and changes in market concentration", "continuing to
apply the same basic structural presumptions", "retaining the basic
``timeliness, likelihood, sufficiency´´ approach to entry analysis", "retaining
the fundamental approach to efficiencies", and "retaining the basic approach to
the failing firm defense". But, he added, "revisions could be made".
Shapiro also discussed the structural presumption in merger law. He reviewed
its treatment in the prior horizontal merger guidelines (HMG) and commentary,
beginning with the 1968 HMG.
He said that "The workshops will explore whether the Guidelines should be
updated to reflect the fact that investigations often do not begin with, or
focus on, market definition and concentration." He continued that
"Notwithstanding the decline of the structural presumption, the Agencies
continue to rely on measures of market concentration, both to decide which
mergers warrant the additional scrutiny associated with a second request, and to
decide which mergers to challenge. We do not anticipate changing this basic
reliance on the structural presumption in the foreseeable future. Nonetheless,
as the importance of market concentration in merger law has declined over the
decades, our investigations have focused more on direct evidence of competitive
effects, and in some cases we infer the relevant market using the same evidence
that leads us to conclude there are likely to be adverse competitive effects."
Shapiro next discussed market definition and the hypothetical monopolist
test. He began by stating that "we do not anticipate fundamentally changing this
basic component of the Guidelines. There are, however, a number of aspects of
the test that warrant a fresh look and may benefit from alterations."
He also discussed unilateral effects with differentiated products.
Differentiated products are a characteristic of many IT sectors and information
product sectors. (Also, Shapiro and Joe Farrell co-authored a
paper
[34 pages in PDF] on this subject in 2008 titled "Antitrust Evaluation of
Horizontal Mergers: An Economic Alternative to Market Definition".
Shapiro also discussed the topics of large buyers and market entry.
The DOJ and FTC will hold workshops on December 3 (FTC, Washington DC), December 8
(New York University, NYC), December 10 (Northwestern University, Chicago, Illinois),
January 14 (Stanford University, Palo Alto, California), and January 26 (Washington
DC).
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More Antitrust News |
11/13. The Department of Justice's (DOJ)
Antitrust Division released a
paper [PDF] titled
"The Entry Incentives of Complementary Producers: A Simple Model with
Implications for Antitrust Policy". It is a game theoretical and mathematical
paper with implications for the tech sector. For example, it states that "our
results could rationalize Microsoft's recent launch of Bing in the market for online
consumer search, insofar as the existence of a Google competitor creates positive
externalities for Microsoft’s positions in operating systems and applications". The
authors are Juan Lleras and Nathan Miller of the Antitrust Division's Economic Analysis
Group (EAG).
11/12. Phil Weiser, Deputy Assistant Attorney General in the DOJ's
Antitrust Division, gave a
speech
titled "Antitrust Doctrine, Competition Policy, and International Dialogue "
at a conference hosted by the American Bar Association's
(ABA) Section of Antitrust Law in Washington DC.
11/9. The Progress & Freedom Foundation (PFF)
submitted a
comment [5 pages in PDF] to the European Commission (EC) in which it argued
that imposing a browser ballot mandate on Microsoft is unnecessary, because
there are many browsers, and nearly all "are available for free
and users don't have to choose just one -- they can install, and use
simultaneously, as many as they want". The paper also
warns that "Such mandates could easily extend to require ballots for choosing
one's default search engine, media player, instant messaging client, email
provider, and so on. While a ballot may indeed be a reasonable way for a company
to offer meaningful choice and allay legitimate concern about any ``market power´´
it might be alleged to possess, government should tread cautiously in such
matters, and avoid injecting political decision-making into the software design
process." The authors of the comment are the PFF's Adam Marcus and Berin Szoka.
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More News |
11/16. Ben
Bernanke, Chairman of the Federal
Reserve Board (FRB), gave a
speech in New York City, titled "On the Outlook for the Economy and
Policy". He stated that "I expect moderate economic growth to continue next
year. Final demand shows signs of strengthening, supported by the broad
improvement in financial conditions."
11/13. The U.S. Patent and Trademark Office
(USPTO) announced in a
release that the USPTO, Japan Patent Office, and European Patent Office
"entered into a series of bilateral agreements to expand the existing Patent
Prosecution Highway (PPH) work share program." It added that these PPH
agreements "will use international search reports, written opinions, and
international preliminary examination reports developed within the framework of
the international Patent Cooperation Treaty (PCT)".
11/13. The Government Accountability Office
(GAO) released a report [39
pages in PDF] titled "Information Security: Actions Needed to Better Manage,
Protect, and Sustain Improvements to Los Alamos National Laboratory's Classified
Computer Network".
11/12. Hewlett Packard (HP) and
3Com Corporation announced that "they have
entered into a definitive agreement under which HP will purchase 3Com, a leading
provider of networking switching, routing and security solutions, at a price of
$7.90 per share in cash or an enterprise value of approximately $2.7 billion."
See, HP
release and 3Com
release.
11/11. The Information Technology and
Innovation Foundation (ITIF) released a short
paper
[5 pages in PDF] titled "American Competitiveness in a Post-American World". The
authors are Scott Andes and Daniel Castro.
11/9. Monday, November 9, 2009, was the deadline for the general public to submit
comments to the Office of the U.S. Trade Representative
(OUSTR) in response to its request for comments regarding its Special 301 out of cycle
reviews of Fiji, Israel, Philippines, Poland, and Saudi Arabia, and regarding
identification of countries under Section 182 of the Trade Act of 1974. See,
notice in the Federal Register,
October 5, 2009, Vol. 74, No. 191, at Pages 51215-51216. See, comments submitted by the
International Intellectual Property Alliance (IIPA)
regarding
Israel
Philippines,
Poland, and
Saudi
Arabia.
11/9. Google Inc. announced in a
release that "it has signed a definitive agreement to acquire AdMob, a
mobile display ad technology provider, for $750 million in stock."
11/9. The Free Press, Media Access Project (MAP), Consumers Union (CU), and
New America Foundation (NAF) sent a
letter to the Federal Communications Commission (FCC) Chairman
Julius Genachowski
complaining about a statement made by Julius Knapp, Chief of the FCC's
Office of Engineering and Technology (OET),
regarding the FCC's internet regulation notice of proposed rulemaking (NPRM),
adopted on October 22, 2009. The letter states that Knapp may have said that
giving high priority treatment in a network to voice and video traffic is a
reasonable network practice. The groups argue that this was improper because it
reaches a conclusion about questions posed in the NPRM.
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People and
Appointments |
11/16. Federal Communications Commission (FCC) Commissioner
Michael Copps hired Joshua
Cinelli to be his Advisor on Media Issues. Cinelli is a former journalist, and not
an attorney. He replaces Jamila Bess Johnson, who worked for Copps on an interim
basis beginning in January. See, FCC
release.
11/16. On Friday, November 20, 2009, the Department
of Justice (DOJ) will hold a swearing in ceremony for
Neil MacBride, the newly
appointed U.S. Attorney for the Eastern District of Virginia. The Senate confirmed him
on September 15. MacBride was previously VP for Anti-Piracy and General Counsel at
the Business Software Alliance (BSA). Before that he
worked for then Sen. Joe Biden (D-DE). Attorney General Eric Holder will attend the
ceremony, at the Bryan Courthouse in Alexandria, Virginia.
11/13. The U.S. District Court (EDVa)
sentenced former Rep. William Jefferson (D-LA) to serve 13 years in
prison following his conviction on August 5, 2009, by a jury in Virginia, of
conspiracy to commit bribery, honest services wire fraud, and violation of the
Foreign Corrupt Practices Act (FCPA). The Department of Justice (DOJ) stated in a
release that Jefferson "performed a wide range of official acts in
return for things of value, including leading official business delegations to
Africa, corresponding with U.S. and foreign government officials, and utilizing
congressional staff members to promote businesses and businesspersons. The
business ventures that Jefferson sought to promote included telecommunications
deals in Nigeria, Ghana and elsewhere; oil concessions in Equatorial Guinea;
satellite transmission contracts in Botswana, Equatorial Guinea and the Republic of
Congo". Neil
MacBride, the new U.S. Attorney for the Eastern District of Virginia, stated in
this release that "Jefferson's repeated attempts to sell his office caused
significant damage to the public's trust in our elected leaders. This sentence will
begin to repair that damage and to restore that trust." MacBride said nothing about
repairing the damage caused by the DOJ's prosecutorial tactics in this case, including
an 18 hour search of the Rayburn House Office Building that trampled on the
Constitutional principle of separation of powers.
11/13. President Obama named
Robert Bauer to be his White House Council, beginning "by the end of the
year". He will replace Greg Craig. See, White House news office
release. Bauer is currently an attorney in the Washington DC office of the
law firm of Perkins Coie. He is head
of the firm's Political Law Group. He is also General Counsel to Obama for
America, and General Counsel to the
Democratic National Committee (DNC).
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About Tech Law
Journal |
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.
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In This
Issue |
This issue contains the following items:
• Amended Settlement Agreement Filed in Google Books Case
• DOJ's Shapiro Discusses Upcoming Revisions to Horizontal Merger Guidelines
• More Antitrust News
• More News
• People and Appointments
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Washington Tech
Calendar
New items are highlighted in
red. |
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Monday, November 16 |
The House will meet at 2:00 PM for
legislative business. It will consider several non-technology related items under
suspension of the rules. Votes postponed until 6:30 PM. see, Rep. Hoyer's
schedule for week of November 16.
The Senate will meet at 2:00 PM. It will resume consideration of
HR 3082 [LOC |
WW], the
"Military Construction and Veterans Affairs Appropriations Act, 2010".
7:00 AM - 8:30 PM. The Executive Office of the President's (EOP) Office
of Science and Technology Policy's (OSTP) National Nanotechnology Coordination
Office (NNCO) will hold an event titled "Nanotechnology Primer Public
Pre-meeting". See, notice
in the Federal Register, October 30, 2009, Vol. 74, No. 209, at Pages 56246. Location:
Holiday Inn Rosslyn Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.
6:00 - 8:00 PM. The Federal
Communications Bar Association (FCBA) will host a reception for Jonathan Blake,
Judith Harris, and Henry Rivera. Register by contacting Desiree Logan at dlogan at
reedsmith dot com. Location: Reed Smith, East Tower, Penthouse, 1301 K St., NW.
Deadline to submit comments to the Federal Communications
Commission (FCC) in response to its
Public
Notice [4 pages in PDF] regarding the proposed creation of a "broadband
clearinghouse". The FCC has received comments making such a proposal. See
for example, comment [PDF] of the Public
Knowledge at page 40. The FCC This item is DA 09-2167 in GN Docket Nos. 09-47,
09-51, and 09-137.
Deadline to submit comments to the Federal
Communications Commission (FCC) regarding the
report
[232 pages in PDF] issued by the Harvard University Law School titled "Next Generation
Connectivity: A review of broadband Internet transitions and policy from around the world".
See, FCC Public
Notice. The FCC requests comments to assist it in drafting a document titled
"National Broadband Plan". This Public Notice is DA 09-2217 in GN Docket
Nos. 09-47, 09-51, and 09-137.
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Tuesday, November 17 |
The House will meet at 10:30 AM for morning
hour, and at 12:00 NOON for legislative business. The schedule for the week includes
consideration of HR 3014
[LOC |
WW], the
"Small Business Health Information Technology Financing Act". The House
may also vote on the conference report on HR 2847
[LOC |
WW], the
"Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010".
See, Rep. Hoyer's
schedule for week of November 16.
8:30 AM - 5:00 PM. Day one of a two day meeting of the Executive Office
of the President's (EOP) Office of Science and Technology Policy's (OSTP) National
Nanotechnology Coordination Office (NNCO). See,
notice in the Federal
Register, October 30, 2009, Vol. 74, No. 209, at Pages 56245-56246. Location: Holiday
Inn Rosslyn Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.
9:30 AM. The House
Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet
will hold a hearing titled "Universal Service Reform Act of 2009". See,
notice. Location: Room 2123 Rayburn Building.
9:30 AM - 4:30 PM. The Heritage
Foundation will host a one day conference titled "Measuring Innovation and
Change During Turbulent Economic Times". This event will address how innovation
can become a standard component of U.S. national accounting system, and how incorporating
innovation metrics will aid the development of a unified picture of the sources of growth
and economic disruption. See,
notice.
Location: Heritage, 214 Massachusetts Ave., NE.
10:00 AM. The Senate
Judiciary Committee's (SJC) Subcommittee on Terrorism and Homeland Security will
hold a hearing titled "Cybersecurity: Preventing Terrorist Attacks and
Protecting Privacy in Cyberspace". The witnesses will be James Baker (Associate
Deputy Attorney General), Steven Chabinsky (Assistant Director of the DHS's National
Cyber Security Center), Richard Schaeffer (Director of the NSA's Information
Assurance Directorate), Steven Chabinsky (Deputy Assistant Director of the FBI's Cyber
Division), Gregory Nojeim (Center for Democracy and
Technology), Larry Clinton (Internet Security
Alliance), and Larry Wortzel (Vice Chairman of the
U.S.-China Economic and Security Review Commission).
The SJC will webcast this hearing. See,
notice.
Location: Room 226, Dirksen Building.
10:00 AM. The
House Ways and Means Committee's (HWMC)
Subcommittee on Trade will hold a hearing titled "Operation, Impact, and Future of
the U.S. Preference Programs". See,
notice. Location: Room
1100, Longworth Building.
10:00 - 11:30 AM. The Information
Technology and Innovation Foundation (ITIF) will host a panel discussion titled
"Explaining International Mobile Payments Leadership". The speakers
will be Rob Atkinson (ITIF),
Stephen Ezell (ITIF), Pragnesh Shah (Network Solutions), David Jeppsen (NTT DOCOMO
USA), and Mark McCarthy. See, notice.
Location: ITIF, 1101 K St., NW.
12:00 NOON - 2:00 PM. The
Copyright Alliance will host a panel
discussion titled "Expanding the Consumer Experience: The New Generation of
Entertainment". The speakers will include Rep.
Lamar Smith (R-TX), the ranking Republican on the
House Judiciary Committee (HJC).
See, notice.
RSVP to Gayle Osterberg at gayle at 133publicaffairs dot com. Location: Room
2226, Rayburn Building.
2:30 PM. The Senate
Commerce Committee (SCC) will hold a hearing titled "Aggressive Sales
Tactics on the Internet and Their Impact on American Consumers". See,
notice. Location: Room 253, Russell Building.
5:00 - 7:00 PM. The
Copyright Alliance will host an event titled "EXPOnential" and "Live
from Main Street: Copyright and the Local Economy". The speakers will include
Rep. John Conyers (D-MI), the Chairman of the
House Judiciary Committee (HJC).
See, notice.
RSVP to Gayle Osterberg at gayle at 133publicaffairs dot com. Location: Cannon
Caucus Room, Cannon Building.
5:00 PM. Deadline to submit petitions to the
Office of the U.S. Trade Representative (OUSTR)
for competitive need limitation (CNL) waivers and Section 503(c)(1)(E) determinations
regarding products not produced in the U.S. on January 1, 1995. See,
notice in
the Federal Register, May 28, 2009, Vol. 74, No. 101, Page 25605-25607.
6:00 - 8:15 PM. The DC Bar
Association will host an event titled "Export Controls and Economic Sanctions
2009: Recent Developments and Current Issues". The speakers will be Carol
Kalinoski and Thomas Scott. The
price to attend ranges from $89 to $129. Most DC Bar events are not open to the public.
This event qualifies for continuing legal education (CLE) credits. See,
notice.
For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K
St., NW.
Deadline to submit to the Office of
the U.S. Trade Representative (OUSTR) petitions requesting either Competitive Need
Limitation (CNL) waivers, or determinations regarding eligible products not produced in
the United States on January 1, 1995. See,
notice in the
Federal Register, November 3, 2009, Vol. 74, No. 211, at Pages 56908-56909.
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Wednesday, November 18 |
The House will meet at 10:00 AM for
legislative business. See, Rep. Hoyer's
schedule for week of November 16.
8:30 AM - 1:00 PM. The U.S.
Patent and Trademark Office (USPTO) will host an event titled "Roundtable
on Work Sharing for Patent Applications". See,
notice in the
Federal Register, October 21, 2009, Vol. 74, No. 202, at Pages 54028-54029.
Location: USPTO, Madison Auditorium, Concourse Level, Madison Building, 600
Dulany St., Alexandria, VA.
8:30 AM - 3:00 PM. Day two of a two day meeting
of the Executive Office of the President's (EOP) Office of Science and Technology
Policy's (OSTP) National Nanotechnology Coordination Office (NNCO). See,
notice in the Federal
Register, October 30, 2009, Vol. 74, No. 209, at Pages 56245-56246. Location: Holiday
Inn Rosslyn Key Bridge, 1900 N. Fort Myer Drive, Arlington, VA.
TIME AND LOCATION CHANGE. 9:30 AM.
The Senate Judiciary Committee (SJC) will
hold a hearing titled "Oversight of the Department of Justice". The
witness will be Attorney General Eric Holder. The SJC will webcast this event.
See, notice.
Location: Room G-50, Dirksen Building.
10:00 AM. The Federal Communications Commission (FCC) may host an
event titled "open meeting". The agenda includes two items: (1) a staff
presentation on the drafting of a document titled "National Broadband Plan",
and (2) adoption of a declaratory ruling regarding timeframes for state and local
governmental authorities to consider wireless facilities siting applications. For
more information, contact Jen Howard at 202-418-0506 or jen dot howard at fcc dot gov.
Location: FCC, Commission Meeting Room, 445 12th St., SW.
1:00 - 5:45 PM. Day one of a two day meeting of the
National Science Foundation's (NSF) Business
and Operations Advisory Committee. See,
notice in the
Federal Register, October 26, 2009, Vol. 74, No. 205, at Page 55069. Location:
NSF, Room 375, 4201 Wilson Boulevard, Arlington, VA.
12:15 - 2:00 PM. The Federal Communications
Bar Association's (FCBA) International Telecommunications Committee will host a
brown bag lunch titled "Discussion of Network Management Practices of Fixed and
Mobile Broadband Providers in Europe and Asia, along with regulations, if any,
governing those practices". The speaker Michael Kende (Analysys Mason). Register
by November 13 with Jennifer Ullman at Jennifer dot ullman at verizon dot com.
Location: Wiley Rein, 1750 K St., NW.
TIME CHANGE. 2:30 PM. The
Senate Judiciary Committee (SJC) will hold
a hearing on the nominations of Denny Chin (to be a Judge of the
U.S. Court of Appeals for the 2nd Circuit),
Rosanna Peterson (USDC/EDWash), William Conley (USDC/WDWisc), and others.
See, notice.
The SJC will webcast this hearing. For more information, call 202-224-7703. Location:
Room 226, Dirksen Building.
2:00 - 3:30 PM. The Department of Justice's (DOJ)
Antitrust Division's Economic Analysis Group
will host a presentation by Louis
Kaplow (Harvard law school) titled "Why Ever Define Markets?" To
request permission to attend, contact Patrick Greenlee at 202-307-3745 or atr dot eag
at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.
2:30 PM. The
Senate Commerce Committee (SCC) will hold a hearing on nominations,
including that of Philip Coyle to be the Associate Director at the
Executive Office of the President's (EOP)
Office of Science and Technology Policy (OSTP). See, notice. Location:
Room 253, Russell Building.
Deadline to submits comments regarding all issues except sanitary
and phytosanitary (SPS) measure or standards related matters to the
Office of the U.S. Trade Representative (OUSTR) to
assist it in preparing its annual National Trade Estimate Report on Foreign Trade
Barriers (NTE). See, notice
in the Federal Register, September 24, 2009, Vol. 74, No. 184, at Pages 48811-48813.
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Thursday, November 19 |
The House will meet at 10:00 AM for
legislative business. See, Rep. Hoyer's
schedule for week of November 16.
8:00 AM - 12:00 NOON. Day two of a two day meeting of the
National Science Foundation's (NSF) Business and
Operations Advisory Committee. See,
notice in the
Federal Register, October 26, 2009, Vol. 74, No. 205, at Page 55069. Location:
NSF, Room 375, 4201 Wilson Boulevard, Arlington, VA.
9:00 AM - 5:00 PM. Day one of a two day event hosted by the
Federal Trade Commission's (FTC) Bureau
of Economics and Northwestern University titled "FTC Microeconomics
Conference". Several technology related papers will be presented. See,
conference
web site and
agenda. Location: FTC Conference Center, 601 New Jersey Ave., NW.
10:00 AM. The
Senate Commerce Committee (SCC) will meet in executive session to consider five bills,
including S 592 [LOC
| WW],
the "Local Community Radio Act of 2009", and S 2764
[LOC
| WW], the
"Satellite TV Extension and Localism Act". Location: Room 253,
Russell Building.
10:00 AM. The House
Commerce Committee's (HCC) Subcommittee on Communications, Technology and the
Internet and Subcommittee on Commerce, Trade and Consumer Protection will hold a
hearing titled "Exploring the Offline and Online Collection and Use of
Consumer Information". 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 1147
[LOC |
WW],
the "Prevent All Cigarette Trafficking Act of 2009", a bill that would
regulate internet sales of cigarettes. The agenda also includes
consideration of the nomination of Jane Stranch to be a Judge of the U.S.
Court of Appeals for the 6th Circuit. See,
notice. The SJC
rarely follows is published agendas. The SJC will webcast this meeting. Location: Room
226, Dirksen Building.
12:00 NOON - 1:00 PM. The
President's National Security
Telecommunications Advisory Committee (NSTAC) will hold a partially
closed meeting by teleconference. The agenda includes a report from the
Cybersecurity Collaboration Task Force. See,
notice in the
Federal Register, October 21, 2009, Vol. 74, No. 202, at Pages 54061-54062.
2:00 PM. The Alliance for Public
Technology (APT) will host a speaking event, awards ceremony, and reception, regarding
broadband policy. The speakers will be Rick Cimerman (NCTA), Debbie Goldman
(CWA), Link Hoewing (Verizon), Karyne Jones (National Caucus and Center on Black Aged),
Jonathan Linkous (American Telemedicine Association), Sheri Steinig (Generations United),
Donald Mathis (Community Action Partnership), Jim Mueller (Wireless RERC at Georgia Tech),
and Kenneth Peres (APT). For more information, contact apt at apt dot org or call
202-263-2970. Location: National Education Association, 1201 16th St., NW.
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Friday, November 20 |
The House may meet at 9:00 AM for
legislative business. See, Rep. Hoyer's
schedule for week of November 16.
9:00 AM - 12:30 PM. The Federal Communications
Commission (FCC) will host an event titled "Staff
Workshop on Addressing Distracted Driving". See,
notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.
9:00 AM - 1:00 PM. Day two of a two day event hosted by the Federal
Trade Commission's (FTC) Bureau of
Economics and Northwestern University titled "FTC Microeconomics
Conference". Several technology related papers will be presented. See,
conference
web site and
agenda.
Location: FTC Conference Center, 601 New Jersey Ave., NW.
Deadline to submit comments to the Federal
Communications Commission's (FCC) Media
Bureau (MB) regarding the structuring of the 2010 quadrennial review process.
This review will examine the FCC's newspaper broadcast cross ownership rule, radio
television cross ownership rule, local television ownership rule, local radio ownership
rule, and dual network rule. See, FCC
notice
[PDF]. It is DA 09-2209 in MB Docket No. 09-182.
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Monday, November 23 |
The House will not meet the week of November 23-27. See, Rep. Hoyer's
release.
8:30 AM - 1:30 PM. The National
Science Foundation's (NSF) President's Committee on the National Medal of
Science will hold a closed meeting. See,
notice in the
Federal Register: October 19, 2009, Vol. 74, No. 200, at Pages 53521-53522. Location:
Hilton Arlington Hotel, 950 North Stafford Street, Arlington, VA.
10:00 AM. Deadline for foreign governments to submit comments
to the Office of the U.S. Trade Representative (OUSTR)
in response to its request for comments regarding its Special 301 out of cycle
reviews of Fiji, Israel, Philippines, Poland, and Saudi Arabia, and regarding
identification of countries under Section 182 of the Trade Act of 1974. See,
notice in the
Federal Register, October 5, 2009, Vol. 74, No. 191, at Pages 51215-51216.
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