1/7. Federal Communications Commission (FCC) Chairman Julius Genachowski wrote letters [PDF] to the Chairmen and ranking Republicans on the House and Senate Commerce Committees stating that the FCC will not complete the document titled "National Broadband Plan" by the February 17, 2010, deadline set by HR 1 [LOC | WW].

He wrote, "I respectfully ask that you accept the final plan on March 17, 2010. The FCC appreciates your consideration of this extension."

Sen. Kay Hutchison (R-TX), the ranking Republican on the Senate Commerce Committee (SCC) released a statement dated January 6, 2010, also published in The Hill, in which she argues that the plan "must be daring and comprehensive".

She wrote that the FCC "must establish goals for the deployment of broadband infrastructure and performance measures to track and assess progress".

"One key component of our national broadband strategy will be allocating additional wireless spectrum to fuel innovation and keep pace with surging demand for wireless services". She did not address what spectrum, or how to auction or transfer it to service providers.

"Increasing investment in the infrastructure necessary to reach unserved communities is a critical component to the future economic growth of our nation." She added that the plan should identify "ways to encourage new investment in areas lacking the necessary infrastructure".

Also, she wrote that the plan "must include a significant role" for state and local governments

Google published a statement in its public policy web site that opines that "given the immense challenges faced by FCC staff in putting together such a comprehensive and far-reaching document, asking for an additional four weeks is not at all unreasonable"

Gigi Sohn, head of the Public Knowledge (PK), stated in a release that "We are pleased that the FCC has decided to take the extra time it needs to complete the National Broadband Plan. This is a very complex undertaking that will be crucial for the development of the American economy."

The FCC frequently does not comply with deadlines and other mandates set for its by the Congress and courts.

1/7. Secretary of Commerce Gary Locke gave a speech in Washington DC to the President’s Council of Advisors on Science and Technology (PCAST).

He argued that more jobs in the U.S. will result from more innovation in the U.S., and the way to promote innovation is to increase federal government spending on research and development (R&D).

As for how this R&D could translate into improved performance of U.S. companies, he mostly presented unanswered questions. Also, he said nothing about the R&D tax credit, patent law reform, protectionism, or regulatory policies, in the prepared text of this speech.

Locke (at right) said the there are "structural factors" that have caused high wage jobs to "disappear", including "global competition", "productivity gains", and "building an economy on the ephemeral surface of a bubble".

"But the deeper problem is an American economy that simply isn't innovating enough to create advanced new technologies", said Locke.

He continued, "today, America has a broken innovation ecosystem". He cited as evidence that "Just a decade or two ago, the United States had the unquestioned lead in the design and production of things like semi-conductors, batteries, robotics and consumer electronics. No longer."

He argued that "We've got to devote more resources to research and development -- especially at the federal level." He lauded President Obama's efforts on this.

He also addressed the state of private sector R&D, but did not identify this as a problem. He said that "Meanwhile, we had well-funded private research operations at companies like AT&T through Bell Labs and Xerox, that pioneered everything from semiconductors to cellular phones. But both of those engines of research innovation are running on fumes. Take for example, Bell Labs, which as recently as 2001, had 30,000 employees. Today, under its current owner, Alcatel-Lucent, Bell Labs has 1,000 employees. And even as overall spending in corporate R&D has increased, more of it has been focused on short-term applied work -- and more of it is happening outside our borders."

Locke said nothing about incenting private R&D through revising, expanding, or making permanent the R&D tax credit. Nor did he address incenting private research by modernizing patent law.

He said that "the second problem with our innovation system is that even in areas where we are allocating enough funding for R&D, we're not doing a good enough job getting these ideas into the marketplace. ... today, too many of our research ideas never make it out of the lab, and if they do, they get lost in the ``valley of death,´´ where a high-risk idea doesn't have the resources or the funding to make it to market."

But, on the subject of how to translate government funded R&D into "new industries, new businesses and new jobs", he had questions, but no answers. Rather, he said the DOC has "launched the Office of Innovation and Entrepreneurship, whose mandate is to drive policies that help entrepreneurs translate new ideas, products and services into economic growth, and to accelerate technology commercialization of federal R&D."

He also posed four other questions, to which he had no answers: "Do we need an ``eBay for ideas´´ that makes all ideas generated from federally-funded research publicly available to entrepreneurs? Should we give university innovators a choice of agent to license their intellectual property? How do we better integrate federal research that is happening across multiple government agencies? And should we factor a university’s track record of commercialization in our decision to award R&D grants?"

1/4. Google filed a document [20 pages in PDF] with the Federal Communications Commission (FCC) in its white space proceeding. Google stated that it wants the FCC to "designate Google to be administrator of a TV bands geolocation database".

Google also wrote that if the FCC "decides to limit the number of database providers, and/or to mandate a specific architecture to manage the required collection and dissemination of data, Google submits that the Commission should consider an open architecture model within a clearinghouse to provide the data repository functions."

"Google believes there is and will be a desire among industry participants, including Google, to form such an entity as the market develops, and the Commission should leave flexibility for approved database administrators to partner and organize a clearinghouse service."

See also, story titled "FCC Requests Proposals to Be Designated White Spaces Database Administrator" in TLJ Daily E-Mail Alert No. 2,018, November 30, 2009.

The FCC adopted its white space order on November 4, 2008, and released the text [130 pages in PDF] on November 14, 2008. It is FCC 08-260 in ET Docket No. 04-186. See also, stories titled "FCC Releases White Space Report" in TLJ Daily E-Mail Alert No. 1,844, October 17, 2008, and "FCC Adopts White Space Order" in TLJ Daily E-Mail Alert No. 1,852, November 4, 2008.

1/4. Carlo di Florio was named Director of the Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE). He previously worked in Price Waterhouse Coopers' Dinancial Services Regulatory Practice. See, SEC release.

1/6. Sen. Jim DeMint (R-SC) stated in a release on January 1, 2010 that Erroll Southers, President Obama's nominee to be head of the Transportation Security Administration (TSA) "misled Congress in sworn testimony about accessing confidential records". On January 6, 2010, the American Conservative Union (ACU) announced its opposition to his confirmation, stating in a release that he "he has little regard for the sanctity of information on individuals collected and held by the government". Southers is a former FBI agent who was censured by the FBI for accessing a government database for personal reasons.

12/23. Gary Grindler was named acting Deputy Attorney General (DAG) at the Department of Justice (DOJ), effective February 5, 2010. He will replace the short serving David Ogden. Grindler is currently the Principal Associate DAG. Before rejoining the DOJ in March of 2009, he worked in the Washington DC office of the law firm of King & Spalding.

Highlights of the Public Knowledge's
World Fair Use Day

Monday, January 11

Tuesday, January 12

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The story titled "FTC Seeks Comments on Proposed COPPA Safe Harbor" in TLJ Daily E-Mail Alert No. 2,033, January 6, 2010, incorrectly stated that the deadline to submit comments is March 1, 2009. In fact, the deadline is March 1, 2010.

The House will not meet.

The Senate will not meet.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Comcast v. FCC, App. Ct. No. 08-1291. Judges Sentelle, Tatel and Randolph will preside. This is a petition for review of the Federal Communications Commission's (FCC) August 2008 order [67 pages in PDF] pertaining to Comcast's management of certain peer to peer traffic. See, story titled "FCC Asserts Authority to Regulate Network Management Practices" in TLJ Daily E-Mail Alert No. 1,805, August 4, 2008. That order is FCC 08-183 in Docket No. 07-52.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Nissim Corp. v. Clearplay, Inc., App. Ct. No. 2009-1327, an appeal from the U.S. District Court (SDFl), D.C. No. 07-81170-CIV, in a patent licensing case regarding technology for skipping objectionable content in DVD movies. See, District Court order [14 pages in PDF] dismissing complaint. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Telecommunications Systems, Inc. v. Mobile 365, Inc., App. Ct. No. 2009-1348, an appeal from the U.S. District Court (EDVa), a patent infringement case involving short messaging. Sybase has acquired Mobile 365. Location: Courtroom 402, 717 Madison Place, NW.

11:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Meaningful Use Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion titled "International Cartels During Economic Downturns: What Does History Tell Us? What Does the Future Hold?". The speakers will include Lisa Phelan (Chief of the DOJ's Antitrust Division's National Criminal Enforcement Section) and Ewoud Sakkers (head of the European Commission's Cartels Directorate). The ABA will teleconference this event. This event is free and open to the public. See, notice.

5:00 PM. Deadline to submit requests to the U.S. Patent and Trademark Office (USPTO) to participate in its January 20, 2010, public roundtable associated with its proposed rulemaking regarding practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. See, notice in the Federal Register, December 22, 2009, Vol. 74, No. 244, at Pages 67987-68004. See also, story titled "USPTO Seeks Comments on Rules of Practice before the BPAI in Ex Parte Appeals" in TLJ Daily E-Mail Alert No. 2,026, December 22, 2009.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding "how government policies and programs create more effective incentives for private financing of deployment of broadband infrastructure in the country’s underserved and unserved areas". The FCC seeks information to assist it in drafting a document titled "National Broadband Plan". This PN is DA 09-2610 in GN Docket Nos. 09-47, 09-51, and 09-137.

The House will not meet.

The Senate will not meet.

8:45 AM - 1:30 PM. The American Enterprise Institute (AEI) will host a conference titled "Locating the Source of Taxable Income in a Global Economy". See, notice. Location: AEI.

10:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Privacy & Security Policy Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

Day one of a two day event hosted by the Public Knowledge (PK) titled "World Fair Use Day". The PK will webcast this event. See, event web site. Various locations.

SUSPENDED. Extended deadline to file with the Federal Communications Commission (FCC) Form 323, the broadcast ownership report. See, notice of extension. See, December 23, 2009, order (DA 09-2618) suspending deadline while the FCC rewrites Form 323.

The House is scheduled to meet.

The Senate will not meet.

8:00 AM - 5:00 PM. Day one of a two day closed meeting of the Defense Intelligence Agency (DIA) National Defense Intelligence College (NDIC) Board of Visitors. See, notice in the Federal Register, November 10, 2009, Vol. 74, No. 216, at Page 58005. Location: NDIC, Boling Air Force Base.

9:00 AM. The Federal Communications Commission's (FCC) Media Bureau (MB) will host an event titled "media ownership workshop" as part of its 2010 quadrennial review proceeding. The FCC stated in its notice that this event will address "how new media are affecting broadcasters, the lending and investment practices in traditional media, and how market size affects financial issues related to broadcasting". See also, January 5, 2010, release. This is MB Docket No. 09-182. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:00 AM - 12:00 NOON. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Strategic Plan Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

1:00 - 4:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) Nationwide Health Information Infrastructure Workgroup will meet. See, notice in the Federal Register, January 5, 2010, Vol. 75, No. 2, at Page 369. The DHHS will webcast this meeting. The webcast is open to the public. The physical location of the meeting is closed to the public. Written comments are due two days prior to the meeting.

1:30 - 4:30 PM. The Department of Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will meet. See, notice in the Federal Register: December 22, 2009, Vol. 74, No. 244, at Page 68071. Location: National Press Club, Ballroom, 529 14th St., NW.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "How to Litigate a Patent Infringement Case". The speaker will be Patrick Coyne (Finnegan Henderson). 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) credit. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

Day two of a two day event hosted by the Public Knowledge (PK) titled "World Fair Use Day". See, event web site. The PK will webcast this event. Various locations.

8:00 AM - 12:00 NOON. Day two of a two day closed meeting of the Defense Intelligence Agency (DIA) National Defense Intelligence College (NDIC) Board of Visitors. See, notice in the Federal Register, November 10, 2009, Vol. 74, No. 216, at Page 58005. Location: NDIC, Boling Air Force Base.

9:00 AM - 12:00 PM. The Cato Institute will host a program titled "The Obama Administration's Counterterrorism Policy at One Year". Among the many speakers will be Jim Harper (Cato) who focuses on policy related to information technologies, identification, and privacy. See, notice and registration page. This event is free and open to the public. The Cato Institute will webcast this event. Lunch will be served after the program. Location: Cato, 1000, Massachusetts Ave., NW.

10:00 AM - 12:00 NOON. The New America Foundation (NAF) will host a panel discussion titled "Does Broadband Boost Economic Development". The speakers will be Sacha Meinrath (NAF), Jed Kolko (Public Policy Institute of California), Joanne Hovis (Columbia Telecommunications Corporation), and Benjamin Lennett (NAF). This event is free and open to the public. See, notice and registration page. Location: NAF, 1899 L St., NW.

12:30 - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion titled "Fundamentals of Antitrust Exemptions and Immunities". The speakers will include Gregory Luib (FTC's Competition Bureau). The ABA will teleconference this event. This event is free and open to the public. See, notice.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its proposal to change its procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. See, notice in the Federal Register, December 14, 2009, Vol. 74, No. 238, at Pages 66097-66098.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a panel discussion titled "Counseling Clients about the New FTC Rules for Use of Testimonials and Endorsements in Advertising". These rules include, among other things, disparate treatment of the speech of "bloggers" and "traditional media". See, story titled "FTC Makes Law Abridging the Freedom of Bloggers" in TLJ Daily E-Mail Alert No. 1,997, October 6, 2009. The ABA will teleconference and web cast this event. Prices vary. This event is open to the public. See, notice.

Day one of a two day event titled "House Democratic Caucus Issues Conference". See, 2010 House calendar.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [107 pages in PDF] that proposes to regulate the network management practices of broadband internet access service providers. The FCC titles this proceeding "In the Matter of Preserving the Open Internet Broadband Industry Practices". This NPRM is FCC 09-93 in GN Docket No. 09-191 and WC Docket No. 07-52. See, notice in the Federal Register, November 30, 2009, Vol. 74, No. 228, at Pages 62637-62662. See also, stories titled "FCC Adopts Internet Regulation NPRM", "Text of Proposed Internet Regulation Rules", "Statutory Authority and Ancillary Jurisdiction", "More Praise for the FCC's NPRM", "More Criticism of the FCC's NPRM", and "Sen. McCain Introduces Bill to Block FCC Regulation of Internet or IP-Enabled Services" in TLJ Daily E-Mail Alert No. 2,008, October 23, 2009.

12:00 NOON. Deadline to submit reply comments to the Office of the U.S. Trade Representative (OUSTR) regarding the operation, effectiveness, and implementation of, and compliance with, the telecommunications provisions of the World Trade Organization (WTO) General Agreement on Trade in Services, the North American Free Trade Agreement (NAFTA), free trade agreements (FTAs) with Australia, Bahrain, Chile, Morocco, Oman, Peru, and Singapore, and the Dominican Republic -- Central America -- U.S. Free Trade Agreement (CAFTA-DR). See, notice in the Federal Register, November 17, 2009, Vol. 74, No. 220, at Pages 59339-59340.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee will host a brown bag lunch titled "Privacy Issues in Cloud Computing and Net Neutrality". The speakers will be Genie Barton (US Telecom), Maureen Ohlhausen (Wilkinson Barker Knauer), and Christopher Wolf (Hogan & Hartson). For more information, contact Jenell Trigg at Strigg at Lermansenter dot com or 202-416-1090. Location: Hogan and Hartson, 555 13th St., NW.

Day two of a two day event titled "House Democratic Caucus Issues Conference". See, 2010 House calendar.

Deadline to submit comments to the Copyright Royalty Judges in response to their notice of proposed rulemaking regarding the rates for the satellite digital audio radio services' use of the ephemeral recordings statutory license under the Copyright Act, at 17 U.S.C. § 112(e) and 17 U.S.C. § 114, for the period 2007 through 2012. See, notice in the Federal Register, December 16, 2009, Vol. 74, No. 240, at Pages 66601-66602.