6/14. Sen. John Kerry (D-MA) and Sen. Olympia Snowe (R-ME) sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski and the other FCC Commissioners urging the FCC to "move expeditiously to conclude the TV white spaces proceeding".

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.

Senators Kerry (at left) and Snowe wrote that the FCC "must pursue a harmonized spectrum strategy of both licensed and unlicensed spectrum deployment efforts that will allow manufacturers and consumers to construct multiple paths to the Internet and utilize new devices for communications. Completion of the ``white spaces´´ proceeding can help build momentum in that direction."

They argued that "geolocation technology coupled with a database should adequately protect users and additional spectrum sensing capabilities should only be required when absolutely necessary since such requirement would unduly drive up the cost of white space devices and deter low cost deployment opportunities."

They also addressed wireless microphones. "These microphones are used for performing arts, places of worship, and schools and provide a valuable audio tool to users and their audiences. However, a number of these microphones have operated illegally on TV spectrum and such unauthorized behavior should not continue to be allowed -- the FCC must better enforce the rules it implements."

6/15. Federal Communications Commission (FCC) Commissioner Meredith Baker gave a speech [4 pages in PDF] titled "Maintaining a Spotlight on TV White Spaces Progress".

She said that "it is important for us to move forward on the White Spaces proceeding" because "inaction has left innovators and manufacturers without sufficient, reliable guidance".

She urged the FCC to act in three areas. "First, we need to finalize the plans for the TV bands and provide the direction that industry needs to plan for the future. I hope we can do this in a way that does not prolong the deployment of devices in existing TV white spaces. As we move forward, we must respect the rights of all parties. We must be sensitive to the fact that manufacturers and service providers need clarity and predictability to design and deploy compelling and economically viable devices and applications."

Second, said Baker, "we must encourage the further development of spectrum sensing technology and establish the testing procedures for the ``proof of performance´´ standard for such devices. Spectrum sensing has the potential to help maximize our use of available spectrum and make possible applications and devices that are not feasible with the database alone." (Footnotes omitted.)

"Finally, there is the data base." Baker continued that "We have the luxury of adopting policies that are visionary and progressive without rebuilding an existing system. We need to start with a spectrum inventory -- we don't need to wait for Congress, so I hope we get started with that soon. We need an innovative, interactive and user-friendly data base that will not only serve the TV white spaces but also other spectrum bands, including government spectrum and NATO bands. Over time, I would hope the data base could draw on the intelligence of devices that can sense spectrum around them to improve the accuracy and predictability of the database itself. The database gives us the ability to ensure that white space devices respect the existing uses of license holders."

She added that "the database could one day be the enabling technology that makes development of a secondary market for spectrum a practical reality. Such a market could give license holders and industry meaningful flexibility and improve the utilization of the spectrum bands that are already allocated. We can also do a better job of sanctioning those who don't respect the data base and its related rules -- but that is a topic for a different speech."

The FCC's proceeding is ET Docket No. 04-186.

6/15. Four Democratic Senators sent a letter to the Chairman and ranking Republican on the Senate Appropriations Committee (SAC) urging the SAC not to "use the appropriations process to block the Federal Communications Commission (FCC) from using its existing legal authority to preserve an open Internet ..."

The four are Sen. John Kerry (D-MA), Sen. Maria Cantwell (D-WA), Sen. Tom Udall (D-NM), and Sen. Ron Wyden (D-OR). All are members of the Senate Commerce Committee (SCC), except Sen. Wyden, who is a former member of the SCC.

Referring to the Notice of Inquiry (NOI) regarding reclassification of broadband internet access services as Title II services, scheduled to be adopted at the FCC's meeting on June 17, the four wrote that "Seeking comment on all available approaches is a reasonable and responsible way to move forward and we should give it increased clarity and definition through the legislative process."

They concluded that "a fight over an appropriations rider would only serve as a distraction from substantive exploration of the issue".

See, FCC notice and story titled "FCC Scheduled to Adopt Broadband Reclassification NOI" in TLJ Daily E-Mail Alert No. 2,089, May 28, 2010.

The Public Knowledge (PK), a group that supports FCC Chairman Julius Genachowski's efforts, issued a release regarding use of the appropriations process "to short-circuit the FCC's Open Internet proceeding". The PK also described the "overwhelming lobbying power" and "the political demands of large telecommunications companies".

6/9. Federal Communications Commission (FCC) Commissioner Michael Copps gave a speech [6 pages in PDF] at Stanford University law school titled "Openness and Innovation in the Digital World".

He addressed two main topics. First, he spoke about protecting "the continued openness and innovation of the Internet space from potential gatekeeper control by big telephone and cable companies". This, he said, requires reclassification of broadband internet access services, and regulation under Title II. Second, he argued that regulating broadband access and journalism are part of the same issue, and referenced the option of government "subsidies".

Reclassification. He said that "We must ... get back on course by treating Internet access services ... as the telecommunications service they are, subject to the most basic of nondiscrimination and transparency safeguards" of Title II of the Communications Act.

Copps (at right) also reminded his audience that has all along opposed classification of broadband internet access services as Title I information services. "Over much of the past decade, the FCC took American consumers on a costly and damaging ride, moving the broadband transmission component of Internet access services provided by dominant telephone and cable companies outside of the statutory Title II framework that applies to telecommunications carriers. This was a major flip-flop from the historic -- and successful -- approach of requiring nondiscrimination in our communications networks. Instead, to advance the interests of a powerful few over the interests of consumers, innovators and entrepreneurs, the Commission moved away from any real oversight by classifying Internet access service as an unregulated “information service,” subject to only vague ancillary authority under Title I. I didn't buy it then".

"The big telephone and cable companies are doing everything they can to prevent the reclassification of Internet access services. They have redeployed their troops at the FCC, throughout Washington and in the blogosphere."

Journalism. He also said that the FCC "is looking so closely at the future of journalism", which "has a broadband component as an important part of its solution".

There is no existing regulatory regime in the U.S. that could be applied to journalism by FCC classification or other action. Nor did Copps outline with specificity how the FCC might alter the future of journalism. However, he referenced the policy option of federal "subsidies".

He stated that "Allowing a powerful duopoly -- in many places a monopoly -- to exercise unfettered control over high-speed Internet access does more than just create technology and economic risks; it poses a real threat to the future of our democracy".

"Sustaining democracy by effectively informing all of our citizens in the Digital Age goes to the core of what we are trying to achieve in the National Broadband Plan", said Copps.

"New media has not found the model to replicate online what has been lost offline. Maybe it will, maybe it won't. But there is a cautionary lesson to be learned from what has happened to our traditional media." He elaborated that "In less than a generation, a media landscape that had openness, competition and public interest value -- real journalism, for example -- as its hallmark has been transformed into a market controlled by a handful of players, too often providing little more than infotainment and program homogenization. Newsrooms have been shuttered, reporters taken off the beat and fired, and investigative journalism put on the endangered species list."

Finally, Copps alluded to subsidization. He stated that "Washington, Jefferson and Madison understood that a democracy depended on an informed citizenry, and established postal subsidies to ensure the widest possible production and dissemination of newspapers -- the broadband of their day. They did this, by the way, at huge expense to the federal government. Technology changes, but our democratic challenge remains the same."

6/14. Federal Communications Commission (FCC) released a paper [60 pages in PDF] titled "Spectrum Analysis: Options for Broadcast Spectrum".

This paper states that broadcast television bands are a potential source of spectrum for mobile broadband services. It argues that a "voluntary approach to broadcast spectrum reallocation may have more upside for all stakeholders -- broadcasters, mobile broadband providers and especially consumers -- than one might initially expect."

CTIA praised the paper in release. It stated that "We have long advocated for efficient use of spectrum, most recently highlighting for the Commission the vast swaths of broadcast spectrum that go unused by broadcasters. For example, in the District of Columbia, only 102 out of 294 MHz are used by full-power broadcasters which means 192 MHz lays fallow. This can, and should, be addressed."

The Consumer Electronics Association (CEA) also praised the paper, stating that it "makes a compelling factual case for all stakeholders to embrace the voluntary auction of underused broadcast television spectrum to address our nation’s looming mobile broadband crisis".

Dennis Wharton of the National Association of Broadcasters (NAB) stated in a release that it "is reviewing the paper and looks forward to working constructively with the FCC on fact-based findings, mindful of the importance and enduring values of free and local television to the American people."

In addition, the FCC will host an event on June 25, 2010, at 3:00 PM titled "Broadcast Engineering Forum". See, notice.

6/15. The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) released a paper [37 pages in PDF] titled "The Public Safety Nationwide Interoperable Broadband Network: A New Model for Capacity, Performance and Cost". The authors are Jon Peha, Walter Johnston, Pat Amodio and Tom Peters.

6/15. The Federal Communications Commission (FCC) released a report [32 pages in PDf] titled "FCC Report to Congress As Required by the ORBIT Act: Eleventh Report".

6/15. The Federal Communications Commission's (FCC) Federal-State Joint Board on Universal Service released a Public Notice (PN) that requests comments regarding eligibility, verification, and outreach rules for the Lifeline and Link Up universal service subsidy programs. This PN is FCC 10J-2 in CC Docket No. 96-45 and WC Docket No. 03-109. The deadline to submit initial comments is July 15, 2010. The deadline to submit reply comments is July 30, 2010.

6/10. Federal Communications Commission (FCC) Commissioner Mignon Clyburn gave a speech titled "Key Initiatives for the Future of Community Broadcasters".

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of June 14.

The Senate will meet at 9:30 AM. It will resume consideration of HR 4213 [LOC | WW], the "American Jobs and Closing Tax Loopholes Act of 2010". This huge bill contains a one year extension of the research and development tax credit.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "Cybersecurity: DHS' Role, Federal Efforts and National Policy". The witnesses will be Greg Schaffer (DHS Assistant Secretary for Cybersecurity and Communications), Richard Skinner (DHS Inspector General), Gregory Wilshusen (GAO), and Stewart Baker (Steptoe & Johnson). The HHSC will webcast this event. Location: Room 311, Cannon Building.

10:00 AM. The House Ways and Means Committee (HWMC) will hold a hearing titled "China's Trade and Industrial Policies". The HWMC notice states that the topics to be covered include "failure to enforce intellectual property rights". Location: Room 1100, Longworth Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "The Role of In-House Counsel". The speakers will be Erin Boone (Clearwire), Keith Murphy (Viacom), Sumeet Seam (Discovery Communications), Megan Stull (Google), and Nguyen Vu (Bingham McCutchen). For more information, contact Mark Brennan at mark dot brennan at hoganlovells dot com, Nguyen Vu at nguyen dot vu at bingham dot com, or Lauren Wideman at lauren dot wideman at bingham dot com. Location: Bingham McCutchen, 2020 K St., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "Seeking Harmony in Music Distribution". See, notice. The price for access ranges from $9.95 to $110.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on the Western Hemisphere will hold a hearing titled "Press Freedom in the Americas". See, notice. Location: Room 2172, Rayburn Building.

6:00 - 8:15 PM. There will be a pair of panels discussions on the proposed Anti-Counterfeiting Trade Agreement (ACTA), which is currently being negotiated by the U.S. and other nations. The first panel will include U.S. government representatives: Ben Golant (Copyright Office), Kira Alvarez (Office of the U.S. Trade Representative), and Darren Pogoda (U.S. Patent and Trademark Office). The second panel will include Jim Burger (Dow Lohnes), Steve Metalitz, Matthew Schruers (Computer and Communications Industry Association), and James Love (Knowledge Ecology International). For more information, contact Ben Golant at bgol at loc dot gov or Jennifer Ullman at Jennifer dot ullman at verizon dot com. Prices vary. This event is not open to the public. Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

The House will meet at 10:00 AM for legislative business. The schedule for the week includes possible consideration of HR 5175 [LOC | WW], the "Democracy is Strengthened by Casting Light on Spending in Elections Act" or "DISCLOSE Act", a bill that would regulate political speech. See, Rep. Hoyer's schedule for the week of June 14.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications, Technology and the Internet will hold a hearing titled "Legislative Hearing On Public Safety Broadband Network And H.R 4829". The witnesses will be James Barnett (Chief of the FCC's Public Safety and Homeland Security Bureau), Charles Dowd (New York City Police Department, Communications Division), Jonathan Moore (International Association of Fire Fighters), Steve Zipperstein (Verizon Wireless), Joseph Hanley (Telephone and Data Systems, Inc.), Brian Fontes (National Emergency Number Association), Dale Hatfield (University of Colorado at Boulder), and Coleman Bazelon (Brattle Group). The HCC will webcast this event. See, notice and HR 4829 [LOC | WW], the "Next Generation 9-1-1 Preservation Act of 2010'". Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of the nomination of John McConnell to be a Judge of the U.S. District Court for the District of Rhode Island. The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of Energy (DOE) will hold a meeting to hear public comments about the communications requirements of utilities, including, but not limited to the requirements of the Smart Grid. See, notice in the Federal Register, June 14, 2010, Vol. 75, No. 113, at Pages 33611-33612. Location: DOE, Forrestal Building, Room 8e069, 1000 Independence Ave., SW.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". The only item on the agenda is adoption of a Notice of Inquiry (NOI) regarding reclassification of broadband internet access services as Title II services. See, notice and story titled "FCC Scheduled to Adopt Broadband Reclassification NOI" in TLJ Daily E-Mail Alert No. 2,089, May 28, 2010. Location: FCC, 445 12th St., SW.

2:00 PM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on Information Policy, Census, and National Archives will hold a hearing titled "Federal Electronic Records Management: A Status Report". See, notice. The HOGRC will webcast this event. Location: Room 2154, Rayburn Building.

EXTENDED TO JULY 19. Deadline to submit comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) regarding interoperability, out-of-band emissions, and equipment certification for 700 MHz public safety broadband networks. See, May 18, 2010, public notice, and June 14, 2010, public notice extending the deadline.

Rep. Hoyer's schedule for the week of June 14 states that the House may meet at 9:00 AM.

12:30 - 1:30 PM. The American Bar Association (ABA) will host a brown bag lunch titled "Introduction to U.S. Privacy and Information Security Law". The speakers will be Carla Hine (McDermott Will & Emery), Megan Olsen (Kelley Drye & Warren), Joel Samuels (Axinn Veltrop & Harkrider), and Katie Brin (Federal Trade Commission). See, notice. This event is free. Location: undisclosed.

Deadline to submit written comments to the U.S. Patent and Trademark Office (USPTO) regarding "Enhancement in the Quality of Patents and on United States Patent and Trademark Office Patent Quality Metrics". See, notice in the Federal Register, April 27, 2010, Vol. 75, No. 80, at Pages 22120-22121.

Fathers Day.

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Where does the US Really Stand in Broadband and Why?". The speakers will be Robert Atkinson (ITIF), Sacha Meinrath (New America Foundation), George Ford (Phoenix Center) and Matthew Wood (Media Access Project). See, notice. Location: ITIF, Room 610, 1101 K St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "The Satellite Television Extension and Localism Act of 2010". The speakers will be Seth Davidson (Fleischman & Harding), Mike Nilsson (Wiltshire & Grannis), and Linda Kinney (Echostar). Location: Dow Lohnes, 1200 New Hampshire Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding robocalls, and revisions to FCC rules under the Telephone Consumer Protection Act (TCPA) that would harmonize those rules with the Federal Trade Commission's (FTC) recently amended Telemarketing Sales Rule (TSR). This FCC adopted this NPRM on January 20, 2010, and released the text [37 pages in PDF] on January 22, 2010. It is FCC 10-18 in CG Docket No. 02-278. See, notice in the Federal Register, March 22, 2010, Vol. 75, No. 54, at Pages 13471-13482. See also, story titled "FCC Adopts NPRM Regarding Limiting Some Robocalls" in TLJ Daily E-Mail Alert No. 2,037, January 20, 2010.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking [45 pages in PDF] regarding universal service low income subsidy programs in Puerto Rico. The FCC adopted and released this item on April 16, 2010. It is FCC 10-57 in WC Docket No. 05-337, CC Docket No. 96-45, and WC Docket No. 03-109. See, notice in the Federal Register, May 7, 2010, Vol. 75, No. 88, at Pages 25156-25159.

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) regarding Domain Name System Security Extensions (DNSSEC). See, notice in the Federal Register, June 9, 2010, Vol. 75, No. 110, at Page 32748.

10:00 AM - 1:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's Privacy & Security Tiger Team will meet by teleconference. See, notice in the Federal Register, June 16, 2010, Vol. 75, No. 115, at Page 34141.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Competitiveness, Innovation and Export Promotion will hold a hearing titled "Innovation in America: Opportunities and Obstacles". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Office of the Intellectual Property Enforcement Coordinator". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The American Bar Association's (ABA) Section of Antitrust Law will host an on site and teleconferenced panel discussion titled "Apple, Google and More: Recent Issues in Identifying and Addressing Problems Involving Interlocking Directorates". The speakers will be Yvonne Quinn (Sullivan & Cromwell), Andrew Finch (Paul Weiss), Pat Robinson (Federal Reserve Board), and Darren Tucker (Attorney Advisor to FTC Commissioner Thomas Rosch). See, notice. Location: Wilson Sonsini, 5th floor, 1700 K St., NW.

1:00 - 2:30 PM. The American Bar Association's (ABA) Forum on the Entertainment and Sports Industries will host a seminar titled "Network to Blog -- Old vs. New Media: What You Need to Know in Sports Deals". The speakers will be Douglas Hand (Hand Baldachin & Amburgey) and Maidie Oliveau (Arent Fox). See, notice. Prices vary. This event qualifies for continuing legal education (CLE) credits. The ABA will teleconference and webcast this event.

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