3/31. The Federal Communications Commission (FCC) released a tentative agenda [PDF] for its event on April 21, 2010, titled "open meeting". The FCC is scheduled to adopt six items.

All six items were recommended in the FCC's staff report [376 pages in PDF] released on March 15, 2010, titled "A National Broadband Plan for Our Future".

Universal Service Support for Broadband. The agenda states that the FCC will adopt a Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) regarding its universal service tax and subsidy programs.

It states that the NPRM pertains to "the existing high-cost support mechanisms to identify funds that can be refocused toward broadband". It states that the NOI requests comments on "the use of a model to determine efficient and targeted support levels for broadband deployment in high-cost areas".

The March 15 report states that "The current High-Cost program is not designed to universalize broadband. While some companies receiving High-Cost support have deployed broadband-capable infrastructure to serve most of their customers, others have not. Carriers receiving High-Cost support are not required to provide any households in their service area with some minimal level of broadband service, much less provide such service to all households in their service area." (See, page 141. Footnote omitted.)

It adds that "the High-Cost program only supports certain components of a network, such as local loops and switching equipment, but not other components necessary for broadband, like middle-mile infrastructure that transports voice and data traffic to an Internet point of presence. As a result, the amount of support provided is not appropriately sized for the provision of broadband in high-cost areas." (See, page 141.)

The report recommends that "The FCC should take action to shift up to $15.5 billion over the next decade from the current High-Cost program to broadband through commonsense reforms." (See, page 147.)

The report elaborates that the FCC should "issue an order to implement the voluntary commitments of Sprint and Verizon Wireless to reduce the High-Cost funding they receive as competitive ETCs to zero over a five-year period as a condition of earlier merger decisions", require rate-of-return carriers to move to incentive regulation. As USF migrates from supporting voice telephone service to supporting broadband platforms that can support voice as well as other applications, and as recipients of support increasingly face competition in some portion of their service areas, how USF compensates carriers needs to change as well", "redirect access replacement funding known as Interstate Access Support (IAS) toward broadband deployment", and "phase out the remaining legacy High-Cost support for competitive ETCs". (See, page 147. Footnotes omitted.)

Mobile Roaming. The agenda states that the FCC will adopt an Order and Further NPRM regarding mobile roaming. It states that the Order amends FCC rules regarding "the availability of reasonable automatic roaming arrangements for voice service", and that the FNPRM pertains to "roaming arrangements for mobile broadband services".

The March 15 report discusses interconnection, mobile broadband services, and data roaming at page 49. It states that "Data roaming is important to entry and competition for mobile broadband services and would enable customers to obtain access to e-mail, the Internet and other mobile broadband services outside the geographic regions served by their providers."

It recommends that "The industry should adopt voluntary data-roaming arrangements. In addition, the FCC should move forward promptly in its open proceeding on roaming obligations for data services provided without interconnection with the public-switched network." (Footnote omitted.)

See also, FCC's WT Docket No. 05-265.

Gateway Devices. The agenda states that the FCC will adopt a NOI that requests comments on "approaches to assure the commercial availability of smart video devices and other equipment used to access the services of multi-channel video programming distributors".

The FCC's broadband report discusses gateway devices and CableCARDs at pages 49-52.

The March 15 report recommends that "The FCC should initiate a proceeding to ensure that all multichannel video programming distributors (MVPDs) install a gateway device or equivalent functionality in all new subscriber homes and in all homes requiring replacement set-top boxes, starting on or before Dec. 31, 2012." (See, page 51.)

CableCARDs. The agenda states that the FCC will adopt a NPRM that "proposes changes to the CableCARD rules for set-top boxes used with cable services, to improve the operation of that framework pending the development of a successor framework".

The FCC's March 15 report states that "Significant competition and innovation exist for most classes of devices that interact with broadband networks. But one class of devices has not faced substantial competition in recent years: the television set-top box. The Telecommunications Act of 1996 contained provisions designed to stimulate competition and innovation in set-top boxes. Two years later, the FCC, in partnership with industry, developed the CableCARD standard to incent competition in the set-top box market. Yet by 2008, two manufacturers shared 92% of the market, up from 87% in 2006." ( See, page 18. Footnotes omitted.)

The report adds that this "may also be inhibiting business models that could serve as a powerful driver of adoption and utilization of broadband, such as, models that integrate traditional television and the Internet".

The report recommends that "On an expedited basis, the FCC should adopt rules for cable operators to fix certain Cable-CARD issues while development of the gateway device functionality progresses. Adoption of these rules should be completed in the fall of 2010." (See, page 52.)

See also, FCC's CS Docket No. 97-80.

Network Survivability. The agenda states that the FCC will adopt a NOI that requests comments on "the present state of survivability in broadband networks and potential measures to reduce vulnerability to network failures".

See, pages 322-3 of the March 15 report.

Cyber Security Certification. The agenda states that the FCC will adopt a NOI that requests comments on whether the FCC "should establish a voluntary program under which participating communications service providers would be certified by the FCC or a third party for adherence to cybersecurity objectives and/or practices".

See, pages 320-2 of the March 15 report. It states that "The FCC should begin a proceeding to establish a voluntary cybersecurity certification system that creates market incentives for communications service providers to upgrade their network cybersecurity. The FCC should examine additional voluntary incentives that could improve cybersecurity as and improve education about cybersecurity issues, and including international aspects of the issues. A voluntary cybersecurity certification program could promote more vigilant network security among market participants, increase the security of the nation’s communications infrastructure and offer endusers more complete information about their providers' cybersecurity practices."

The FCC does not always hold its scheduled meetings at the scheduled time or date. The FCC does not always adopt all of the items on its agenda. The FCC usually does not release at its meetings the items that it adopts at its meetings. The FCC does not debate, draft, amend, or revise items at its meetings. These meetings are in large part ceremony events at which Commissioners tout and spin documents that they have adopted before others can read what they have actually done.

3/31. The Office of the U.S. Trade Representative (OUSTR) released a report [404 pages in PDF] titled "2010 National Trade Estimate". It describes barriers to U.S. trade. Although, it recites many years old barriers that have been removed. See, also, OUSTR release.

The OUSTR first solicited and received comments. See, story titled "Groups Submit Comments to OUSTR Regarding PRC Barriers to Tech and Telecom Trade" in TLJ Daily E-Mail Alert No. 2,014, November 12, 2009.

This report contains an extensive section on the People's Republic of China (PRC). See, pages 51-96. Much of it relates to information and communications technologies.

The section of the report on the PRC contains subsections on semiconductors (page 58), telecommunications equipment (page 58), intellectual property rights (pages 69-70), electronic payment processing (page 73), telecommunications (pages 76-77), online services (page 78), electronic commerce (page 88), and transparency (page 91).

With respect to online services, the report states that "China operates the world's most comprehensive Internet filtering regime, which affects a broad range of commercial activity conducted via the Internet. Chinese authorities routinely filter Internet traffic entering China, focusing primarily on the content they deem objectionable on political, social, or religious grounds."

It continues, "In addition to interfering with news reporting in the traditional sense, these measures may also provide a basis for Chinese authorities to interfere with the normal business reporting operations of non-news organizations, such as multinational corporations, if they use the Internet to keep clients, members, their headquarters, and other interested parties informed about events in China."

The OUSTR release sums up trade barriers erected by the PRC. "China's industrial policies limit market access by non-Chinese origin goods by protecting favored sectors and industries, using tools like standards, local content rules, and government procurement regulations. One example involves China's so-called ``indigenous innovation´´ policies, which, among other things, provide preferences to products containing Chinese-developed IP for government procurement purposes."

Moreover, "In China, sales of infringing goods displace legitimate goods, and reduce U.S. access to China's market and other markets affected by China's infringing exports. Inadequate IPR enforcement affects a wide range of products, including films, music, publishing, software, pharmaceuticals, chemicals, information technology, consumer goods, industrial goods, food products, medical devices, electrical equipment, automotive parts, clothing and footwear."

The report addresses the long running disputes, and pending World Trade Organization (WTO) proceeding, regarding the European Union's duties on certain technology products. The OUSTR release states that "The EU imposes duties on certain high-tech products (set-top cable and satellite boxes that can access the Internet, LCD computer monitors, and multifunction digital machines) covered by its duty-free commitments under the WTO Information Technology Agreement (ITA)." (Parentheses in original.)

It continues that "After consultations failed to resolve the dispute, the United States, Japan, and Chinese Taipei made a joint request for the establishment of a WTO dispute settlement panel to determine whether the EU is acting consistently with its WTO obligations. A panel was established on September 23, 2008 and is expected to issue its report in the near future."

This report also addresses the lack of competition in the telecommunications sector in Mexico.

This report identifies Canada's "failure to implement key copyright reforms, its weak border enforcement system, and its failure to implement the World Intellectual Property Organization (WIPO) Internet Treaties, which Canada signed in 1997." (See, page 50.) It also addresses intellectual property issues as trade barriers in many other countries.

Finally, as with all similar reports, the OUSTR identifies barriers erected by other nations to U.S. companies and persons. It does not identity trade barriers erected by the U.S. government to protect U.S. companies and unions.

3/31. The Office of the U.S. Trade Representative (OUSTR) released a report [114 pages in PDF] to Congress titled "2010 Report on Technical Barriers to Trade". Some of the barriers identified in this report has been removed.

The report contains a section titled "China's Development and Use of Standards and Technical Regulations in the Information Technology Sector", at pages 50-51.

It states that the People's Republic of China (PRC) is "developing and using standards and technical regulations in the information technology sector, which in too many instances appears designed to favor China-specific approaches. Many of the standards are developed absent meaningful (if any) foreign input and tend to favor domestic producers." (Parentheses in original.)

It states that "China still does not notify some proposed technical regulations and conformity assessment procedures to the WTO, provide WTO Members an opportunity to comment, take those comments into account, or provide a reasonable time period for compliance. For instance, during bilateral talks in September 2009, the United States learned from officials from China’s Ministry of Industry and Information Technology (MIIT) that China would approve hand held devices that employ the widely-used WiFi standard, but only if those devices are also enabled with the Chinese standard -- the WAPI (WLAN authentication and privacy infrastructure) encryption algorithm for secure communications. MIIT officials acknowledged that there is no published or written measure setting out this requirement, and that China had not notified this requirement to the WTO. Thus, WTO Members and private sector stakeholders were unable to comment on the technical merits of the measure." (Parentheses in original.)

The report provides a second example. "Similarly, in May 2009, China's MIIT issued a proposed measure mandating that all computers sold in China be pre-installed or packaged with the Chinese-produced ``Green Dam -- Escort of the Youth Flowers´´ Internet filtering software by July 2009. China never notified the measure to the WTO and provided a very short (i.e., less than two months) implementation period. When global technology companies, worldwide media, and Chinese citizens learned of the measure, they expressed serious concerns about the stability of the Chinese software, the scope and extent of the filtering activities, and its security weaknesses. In June 2009, China announced that it was suspending the measure indefinitely." (Parentheses in original.)

The report also states that "China's standards-setting process lacks openness and transparency. The vast majority of Chinese technical committees have not been fully open to foreign participation." The report states that this is "a means of protecting its domestic industry".

This report elaborates on the WAPI standard. "China has made several attempts over the years to require incorporation of this standard in information technology products used in China, even though there is a relevant international standard -- WiFi. China first sought to enforce the use of WAPI in China by mandating its use and providing a necessary algorithm only to a limited number of Chinese companies. Later, China began requiring all government agencies, quasi-government bodies, and government-affiliated organizations to give priority to WAPI-compliant products when procuring WLAN and related products using government funds. Most recently (as discussed above), China indicated that it will only approve mobile handsets sold in China incorporating the WiFi standard for WLAN technology if they are also enabled with WAPI."

"In addition, in 2007 China proposed to require that thirteen categories of commercially available information technology products to be tested and certified to Chinese standards for information security functions. No other country had imposed such requirements in the commercial sphere or for non-sensitive government functions. China eventually rolled back the proposal, but the compulsory certification requirement in the final measure still applies when suppliers sell certain specified information technology products to Chinese government agencies."

This report also addresses (at page 74-75) "China's proposed treatment of patented technology in connection with domestic standards development processes".

For example, it states that "In November 2009, SAC circulated a new draft of the Provisional Rules Regarding Administration of the Establishment and Revision of National Standards Involving Patents for public comment. This draft measure would implement China's vision for a standards development process. The draft measure would establish the general principle that mandatory national standards should not incorporate patented technologies. However, when they do incorporate patented technologies, the draft measure provides for the possibility of a compulsory license if a patent holder does not grant a royalty-free license."

The report elaborates that "This differs from the typical practice of accredited standards developing organizations in other countries, which require disclosure of intellectual property in the standards development process and support ``reasonable and nondiscriminatory´´ (RAND) licensing policies with respect to intellectual property that is incorporated into a standard. RAND policies require concerned patent right holders to make any intellectual property incorporated into the standards that these bodies develop available to all interested parties on RAND terms. Within the standards development process, licensing terms are typically negotiated between the right holder and parties interested in implementing the standards."

The report also addresses other nations' technical barriers to trade.

For example, it states that "Brazil’s National Telecommunications Regulatory Agency (ANATEL) does not accept test data generated outside Brazil (except in cases where the equipment is too physically large or costly to transport). Accordingly, U.S. suppliers must submit virtually all of their information technology and telecommunications equipment (e.g., cell phones and optic cables) for testing to laboratories located in Brazil. This requirement results in redundant testing, higher costs for importers, and delayed time to market in Brazil. (See, page 65. Parenetheses in original.)

It also addresses a former barrier in Korea. "Prior to April 2009 Korea required manufacturers to install the Wireless Internet Protocol for Interoperability (WIPI) software platform on all cell phones sold in Korea. The WIPI software platform is a Korea-unique standard, and is technologically incompatible with the open network architecture used on Internet-capable smartphones. (Please refer to the National Trade Estimate reports from 2003-2009 for more information on WIPI and U.S. Government efforts to address concerns with this requirement.) This requirement expired on April 1, 2009, following years of U.S. Government engagement on the issue. Subsequently, a number of smartphone models have been launched in the Korea market." (See, page 97. Parenetheses in original.)

3/31. The Department of Justice's (DOJ) Drug Enforcement Administration (DEA) published a notice in the Federal Register that announced, describes, recites, and sets the comment deadline for, its Interim Final Rule with Request for Comment regarding writing prescriptions for controlled substances electronically. The DEA requests comments regarding identity proofing, access control, authentication, biometric subsystems and testing of those subsystems, internal audit trails for electronic prescription applications, and third-party auditors and certification organizations. Comments are due by June 1, 2010. See, Federal Register, March 31, 2010, Vol. 75, No. 61, at Pages 16235-16319.

3/31. The Lawrence Strickling, head of the National Telecommunications and Information Administration (NTIA), submitted a comment [2 pages in PDF] on behalf of the U.S. to the Internet Corporation for Assigned Names and Numbers (ICANN) regarding the ICANN paper [13 pages in PDF] titled "Proposed Initiatives for Improved DNS Security, Stability and Resiliency", and the ICANN paper [18 pages in PDF] titled "Global DNS-CERT Business Case: Improving the Security, Stability and Resiliency of the DNS". See also, ICANN notice.

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3/31. The Federal Communications Commission (FCC) announced in a release [11 pages in PDF] that it will hold a meeting in its media and journalism regulation proceeding on April 30, 2010.

This proceeding is titled "Future of Media and the Information Needs of Communities", and numbered GN Docket No. 10-25. The meeting will be held from 9:00 AM to 5:00 PM in the FCC's Commission Meeting Room. The FCC has not yet released a list of speakers.

The FCC issued the Public Notice [PDF] commencing this proceeding on January 21, 2010. It states that "Broadcasters have certain public interest obligations", and then asks "Should these or other existing obligations be strengthened, relaxed, or otherwise re-conceptualized in this digital era? Should such obligations be applied to a broader range of media or technology companies, or be limited in scope? What should be the nature of those obligations, and what would be the most effective mechanisms for ensuring the availability of news and information?"

For noncommercial media, it asks "What role, if any, should government subsidies play? Should legal requirements regarding underwriting and advertising be changed?"

It also asks about other legislative and regulatory matters. "How should other governmental entities consider the information needs of communities in the digital era? Are there changes in tax law, copyright law, non-profit law, noncommercial or commercial broadcasting laws or policies or other policies that should be considered?" Also, "how should FCC policies change to better consider the information needs of communities in the digital era?"

The April 30 workshop will address "current structures and activities of public and other noncommercial media entities, as well as relevant government policies".

The FCC held another meeting in this proceeding on March 4 on "commercial media". See, FCC web page with hyperlinks to prepared statements, testimony, transcript, and video.

Background. Several papers have been released in recent months that urge government regulation, support, or subsidization of news media and journalism. For example, on October 19, 2009, the Columbia Journalism Review (CJR) published a paper advocating government subsidies titled "The Reconstruction of American Journalism". The authors are Leonard Downie, who was until 2008 the Executive Editor of The Washington Post, and Michael Schudson, a professor at the University of California at San Diego. See, story titled "Former Washington Post Executive Editor Wants FCC to Subsidize Journalism Under Expanded Universal Service System", TLJ Daily E-Mail Alert No. 2,007, October 22, 2009.

As another example, on October 2, 2009, the Knight Commission on the Information Needs of Communities in a Democracy (KC) released a report [148 pages in PDF] titled "Informing Communities: Sustaining Democracy in the Digital Age". See, story titled "Knight Commission Offers Policy Recommendations Regarding Information and Journalism" in TLJ Daily E-Mail Alert No. 1,996, October 5, 2009.

On October 28, 2009, FCC Chairman Julius Genachowski announced that the FCC will "assess the state of the media", and that Steve Waldman will head the FCC's effort. See, story titled "Genachowski Announces Plan to Assess the Media" in TLJ Daily E-Mail Alert No. 2,010, November 2, 2009.

Also, the Federal Trade Commission (FTC) held a two day conference titled "How Will Journalism Survive the Internet Age?" on December 1 and 2, 2009. See, FTC web page with hyperlinks to prepared testimony.

On January 21, the same day that the FCC issued its Public Notice, FCC Commissioner Meredith Baker gave a speech in which she expressed opposition to government funding of news media.

"Direct government funding of journalism is the wrong answer", said Baker. "I urge that we leave journalists largely to their own devices to find a new sustainable commercial foundation". See, story titled "FCC's Baker Opposes Government Funding of Journalism" in TLJ Daily E-Mail Alert No. 2,039, January 26, 2010.

The Free State Foundation (FSF) will host a panel discussion titled "Future of Media Inquiry: What Is The FCC Is Doing -- And Why?" on April 16. The speakers will include Steve Waldman (FCC), Deborah Tate, Donna Gregg, and James Taranto (Wall Street Journal). See, FSF notice and TLJ Washington Tech Calendar.

Debate Over Meaning of 1st Amendment and Role of FCC. The First Amendment provides that "Congress shall make no law respecting ... the freedom of speech, or of the press ..." All FCC authority derives from the Congress. Hence, the 1st Amendment applies to the FCC.

Adam Thierer, head of the Progress & Freedom Foundation (PFF), wrote in his prepared testimony [14 pages in PDF] for the March 4 meeting that "It is vital that the outmoded public interest rationales undergirding the broadcast regulatory regime be discarded, not only to spare broadcasters from more unfair, asymmetrical regulatory restrictions, but also to ensure that this contorted vision of the First Amendment is not extended to other media platforms."

He continued that "While some policymakers and media critics propose extending the broadcast regulatory regime to cover new media outlets and digital technologies, if America is to have a consistent First Amendment in the Information Age, such efforts should be halted and the public interest regulatory regime should be relegated to the ash heap of history." (Footnotes omitted.)

Ben Scott works for the Free Press, a group that derives its name from the 1st Amendment. However, rather than arguing that Congress, and the FCC, should make no laws or regulations, he argued that there is a "social contract of mass media" that requires laws.

He argued in his prepared testimony for the March 4 meeting that there is a "social contract of mass media" that has existed "since the days of our Founders". The Communications Act of 1934 made the FCC "its steward", and in this capacity the FCC imposes "public interest obligations".

He said that "the social contract of media companies remains alive and well". He spoke of transitioning broadcast regulation to broadband. He wrote that "If there are broadcasters that would like to become broadband providers or transfer their licenses to those who would provider broadband networks, we should apply the model of common carriage principles and license fees ..."

He also argued that "fees paid by spectrum licensees should be applied to fill the gaps in public service media that are not addressed by commercial media".

He concluded that "Abandoning public service principles in the face of technological change should not be considered a reasonable path."

On March 30, Thierer released a paper [PDF] titled "The Wrong Way to Reinvent Media, Part II: Broadcast Spectrum Taxes to Subsidize Public Media". He argued in this paper against imposing "a tax on broadcast spectrum licenses to funnel money to public media projects or other ``public interest´´ content or objectives."

He wrote that "Such a tax would be fundamentally unfair to broadcasters, who are struggling for their very survival in the midst of unprecedented marketplace turmoil. Moreover, such a tax is unnecessary in light of the many other sources of ``public interest´´ programming available today. Finally, even if the government creates or subsidizes wonderful, civic- and culturally-enriching content, there's no way to force people to consume it. Nor should government force such media choices upon the public. There's no good reason for government to be socially-engineering media choices through taxes."

The House will not meet the week of March 29 - April 2, 2010, or the week of April 5-9, 2010. See, 2010 House calendar. It will next meet at 2:00 PM on Tuesday, April 13.

The Senate will not meet the week of March 29 - April 2, 2010, or the week of April 5-9, 2010. See, 2010 Senate calendar. It will next meet at 2:00 PM on Monday, April 12.

9:00 AM - 6:00 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10328. Location: NSF, RM 375, 4201 Wilson Boulevard, Arlington, VA.

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) HIT Standards Committee's Privacy & Security Workgroup will meet by webcast. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Page 12753.

1:00 - 2:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced panel discussion titled "Privacy & Information Security Update". The speakers will be Becky Burr (Wilmer Hale) and Lynn Charytan (Wilmer Hale), and Erin Egan (Covington & Burling). This event is free and open to the public. See, notice and registration page [PDF].

The Potomac Forum will host a one day conference titled "Social Media Practical How To's: Connecting the Mission to Social Media". Prices vary. See, notice. Location: City Club of Washington, 555 13th St.,  NW.

Good Friday.

9:00 AM - 3:00 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for Mathematical and Physical Sciences. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10328. Location: NSF, RM 375, 4201 Wilson Boulevard, Arlington, VA.

TIME CHANGE. 10:00 - 11:30 AM. The New America Foundation (NAF) will host a panel discussion titled "Can You Hear Me Now? Why Your Cell Phone is So Terrible". The speakers will be Farhad Manjoo (Slate Magazine), Sascha Meinrath (NAF), Tim Wu (Columbia University law school), and Nicholas Thompson (NAF). This event is free and open to the public. See, notice and registration page. Location: NAF, 1899 L St., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7628 [305 pages in PDF] titled "Smart Grid Cyber Security Strategy and Requirements".

Easter.

The House will not meet the week of April 5-9, 2010. See, 2010 House calendar.

The Senate will not meet the week of April 5-9, 2010. See, 2010 Senate calendar.

8:30 AM - 4:30 PM. The Software and Information Industry Association (SIIA) will host a one day conference titled "Saas/GOV 2010: Government Embraces Cloud Computing". See, conference web site. Location: Westin Washington, 1400 M St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ring Plus v Cingular Wireless, App. Ct. No. 2009-1537, an appeal from the U.S. District Court (EDTex) in a patent infringement case regarding ring back tones. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in FujiFilm Corporation v. Benun, App. Ct. No. 2009-1487, an appeal from the U.S. District Court (DNJ) in a patent infringement case involving the issue of international exhaustion. Location: Courtroom 201, 717 Madison Place, NW.

12:30 - 2:00 PM. The DC Bar Association will host an event titled "General Counsels Series: Ivan Fong, General Counsel, U.S. Department of Homeland Security". The speaker will be Ivan Fong. The price to attend ranges from $0 to $20. Most DC Bar events are not open to the public. This event does not qualify for continuing legal education (CLE) credits. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Micron Technology v. Rambus, App. Ct. No. 2009-1263, and Hynix Semiconductor v. Rambus, App. Ct. No. 2009-1299. Location: Courtroom 201, 717 Madison Place, NW.

4:00 PM. The George Mason University law school will host a lecture by Robert Corn-Revere (Davis Wright Tremaine) titled "The First Amendment and the End of History: Does Media Convergence Mean the End of Regulation or is it Just the Beginning?". See, notice. Location: GMU law school, Room 120, 3301 Fairfax Drive, Arlington, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Order and Notice of Proposed Rulemaking (NPRM) regarding expanding the FCC's e-rate tax and subsidy program to cover non-educational uses. This NPRM is FCC 10-33 in CC Docket No. 02-6. The FCC adopted it on February 18, 2010, and released the text [26 pages in PDF] on February 19, 2010. See, notice in the Federal Register, March 5, 2010, Vol. 75, No. 43, at Page 10199-10203, and story titled "FCC Expands E-Rate Program to Cover Non-Educational Services" in TLJ Daily E-Mail Alert No. 2,047, February 18, 2010.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in MTS v. Hysitron, App. Ct. No. 2009-1541. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONCHIT) HIT Policy Committee's Strategic Plan Workgroup will meet by webcast and teleconference. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Pages 12752-12753.

12:00 NOON. The Cato Institute will host a panel discussion on the book [Amazon] titled "The Beijing Consensus: How China's Authoritarian Model Will Dominate the Twenty-First Century". The speakers will be Stefan Halper (author), Bonnie Glaser (Center for Strategic and International Studies), Ted Carpenter (Cato), and Doug Bandow (Cato). See, notice. Lunch will be served after the program. The Cato will webcast this event. Location: Cato, 1000 Massachusetts Ave., NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host an event titled "Focusing the FCC on Future of Media in a Changing Technological Landscape: Meet Steven Waldman". The Federal Communications Bar Association (FCBA) states that this is an FCBA event. Location: NAB, 1771 N St., NW.

1:00 - 2:00 PM. The law firm of Fulbright & Jaworski will host a web seminar titled "MySpace Is Everyone's Space: What In-House Counsel Need to Know About the Employment and IP Challenges of Social Networking Sites".

2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a seminar presented by Patrick DeGraba (Federal Trade Commission) titled "Naked Exclusion by a Dominant Supplier: Exclusive Contracting and Loyalty Discounts". See also, paper of the same title. For more information, contact Patrick Greenlee at 202-307-3745 or atr dot eag at usdoj dot gov. Location: DOJ, Liberty Square Building, 450 5th St., NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cornell University v. Hewlett-Packard, App. Ct. No. 2009-1335, an appeal from the U.S. District Court (NDNY) in a patent infringement case. Location: Courtroom 201, 717 Madison Place, NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Increasing Opportunities for Minority Entrepreneurs in Media and Telecommunications". This event qualifies for continuing legal education credits. See, notice. Location: Arnold & Porter, 555 12th St., NW.

8:00 AM - 4:30 PM. The Department of Transportation's (DOT) Intelligent Transportation Systems Program Advisory Committee (ITSPAC) will meet. See, notice in the Federal Register, March 22, 2010, Vol. 75, No. 54, at Pages 13643-13644. Location: Oklahoma Conference Room, DOT West Building, 1200 New Jersey Ave., SE.

9:00 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). The agenda includes "Cloud Computing Implementations", "Health IT", "OpenID", "Pending Cyber Security Legislation", "key escrow", "SCAP", "Cyber Coordinator Discussion", "National Protection and Programs Directorate Discussion", and "Security Issues in Broadband Plan". SCAP is Security Content Automation Protocol. See, NIST's SCAP web site. See, notice in the Federal Register, March 19, 2010, Vol. 75, No. 53, Pages 13258-13259. Location: Washington Marriott Wardman Park Conference Center, 2660 Woodley Road, NW.

9:00 AM - 4:00 PM. Day one of a two day meeting of the National Archives and Records Administration's (NARA) Advisory Committee on the Electronic Records Archives (ACERA). See, notice in the Federal Register, March 16, 2010, Vol. 75, No. 50, at Pages 12573-12574. Location: 700 Pennsylvania Ave., NW.

10:00 AM. The Federal Communications Commission (FCC) will hold a workshop regarding legal and technical issues associated with the development and deployment of an agency wide Consolidated Licensing System (CLS). See, Public Notice. Location: FCC, FCC’s Commission Meeting Room (Room TW-C305), 445 12th St., SW.

Day one of a four day event hosted by the American Bar Association's (ABA) Section of Intellectual Property Law titled "Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding its report to Congress regarding the Open-Market Reorganization for the Betterment of International Telecommunications Act (ORBIT Act). See, notice [PDF]. This proceeding is IB Docket No. 10-70.

8:00 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, March 19, 2010, Vol. 75, No. 53, Pages 13258-13259. Location: Washington Marriott Wardman Park Conference Center, 2660 Woodley Road, NW.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee will hold a partially closed meeting. See, notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Page 14426. Location: Room 3884, DOC, Hoover Building, 14th Street between Pennsylvania and Constitution Aves., NW.

9:00 AM - 4:00 PM. Day two of a two day meeting of the National Archives and Records Administration's (NARA) Advisory Committee on the Electronic Records Archives (ACERA). See, notice in the Federal Register, March 16, 2010, Vol. 75, No. 50, at Pages 12573-12574. Location: 700 Pennsylvania Ave., NW.

9:30 - 11:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The US Should Pick Winners". The speakers will be Robert Atkinson (ITIF), James Fallows (The Atlantic), Robert Lawrence (Harvard University), Clyde Prestowitz (Economic Strategy Institute), and Claude Barfield (American Enterprise Institute). See, notice. This event is free and open to the public. The ITIF will webcast this event. Location: DC Bar Conference Center, 1101 K St., NW.

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) HIT Policy Committee's Meaningful Use Workgroup will meet by webcast and teleconference. See, notice in the Federal Register, March 17, 2010, Vol. 75, No. 51, at Pages 12752-12753.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics (BOE) will host a seminar presented by Timothy Brennan (University of Maryland, Baltimore County). For more information, contact Loren Smith lsmith2 at ftc dot gov or Tammy John tjohn at ftc dot gov. Location: FTC, Conference Center, 601 New Jersey Ave., NW.

Day two of a four day event hosted by the American Bar Association's (ABA) Section of Intellectual Property Law titled "Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.

Day one of a two day conference hosted by the DC Bar Association titled "2010 Judicial and Bar Conference". See, conference web site. The price to attend is $150. Location: Ronald Reagan Building, International Trade Center, 1300 Pennsylvania Ave., NW.