7/29. Rep. Rick Boucher (D-VA) and Rep. Cliff Stearns (R-FL) introduced HR 5947 [LOC | WW | PDF], the "Voluntary Incentive Auctions Act of 2010".

This bill would amend 47 U.S.C. § 309(j)(8) to allow for the sharing of spectrum auction proceeds with the licensees who voluntarily relinquish that spectrum. It could provide a financial incentive for television broadcasters and other licensees to relinquish spectrum.

Rep. Boucher stated in a release that this bill "takes the right approach to incentive-based spectrum auctions -- enter into conversations with broadcasters and others about surrendering a portion of their spectrum on a voluntary basis, determine rules for incentive-based auctions that are truly voluntary and conduct the auctions in accordance with the agreement".

The National Association of Broadcasters' (NAB) Dennis Wharton stated in a release that the "NAB salutes Chairman Boucher and Ranking Member Stearns for their vision on an issue of vital importance to tens of millions of Americans who rely on local TV stations for high-quality entertainment, niche programming and lifeline emergency news and information. As NAB has previously articulated, we have no quarrel with incentive auctions that are truly voluntary, and the Boucher/Stearns bill is a clear step in the right direction. We look forward to working with Congress as it lays the foundation for sound spectrum policy that recognizes the enduring value of free and local broadcasting."

Rep. Stearns stated that "We are facing a looming spectrum crisis. It's very clear that the U.S. will need additional spectrum to meet the growing demand for wireless broadband.  Wireless providers have used spectrum to provide U.S. consumers with innovative voice and data services. The number of mobile broadband customers has increased exponentially over the past several years. As customers increase the amount of time they spend on their mobile devices talking, emailing, and surfing the Internet, cell sites become constrained for capacity. In order to remain the world’s leader in innovation, we need to make more spectrum available".

This bill would amend Section 309(j)(8) to provide that "If the Commission determines that it is consistent with the public interest in utilization of the spectrum for a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from the use of a competitive bidding system under this subsection may be shared, in an amount or percentage determined in the discretion of the Commission, with any licensee who agrees to participate in relinquishing voluntarily such spectrum usage rights."

The FCC has a history of coercing actions by licensees which the FCC then describes as voluntary.

Thus, the bill provides further that this section shall not be used to reclaim spectrum on an involuntary basis, from broadcast television licensees, or from any other licensees.

The bill would also give the FCC authority to write implementing regulations.

7/29. The House is scheduled to consider the just introduced HR 5893 [LOC | WW | PDF], the "Investing in American Jobs and Closing Tax Loopholes Act", on Thursday, July 29, 2010. While this bill has a title that is almost identical to the title of another bill that would have extended the research and development (R&D) tax credit, HR 5893 would not extend the R&D tax credit, or any other technology related tax provisions.

Rep. Sander Levin (D-MI) introduced this bill on July 28, 2010.

The House previously passed HR 4213 [LOC | WW], which had been named the "American Jobs and Closing Tax Loopholes Act of 2010". HR 4213 previously was a huge bill that included a section that would have amended 26 U.S.C. § 41(h)(1) to extend for one year the research and development (R&D) tax credit. The credit expired on December 31, 2009. HR 4213 would have extended it through December 31, 2010.

However, in July, HR 4213 was amended, passed by the House and the Senate, and signed into law by President Obama. As enacted, it was renamed the "Unemployment Compensation Extension Act of 2010", and pertained only to payments to unemployed persons. President Obama signed it into law on July 22, 2010.

The just introduced, and almost identically named HR 5893, does not contain an extension of the R&D tax credit, or any provisions related to the alternative simplified research credit. Moreover, the House Rules Committee (HRC) adopted a rule late on July 28 that provides for consideration of HR 5893 by the full House under a closed rule.

The credit was first enacted in 1981 as a temporary measure. Since then the Congress has extended it for one or a few years. There are proposals in every Congress to make it permanent.

See, for example, HR 422 [LOC | WW], an untitled bill that would extend the R&D tax credit through 2010, and increase and make permanent the alternative simplified research credit. Rep. Kendrick Meek (D-FL) introduced this bill on January 9, 2009. It has 105 cosponsors. The bill was referred to the House Ways and Means Committee, which has taken no action on it.

See also, S 1203 [LOC | WW], the "Grow Research Opportunities With Taxcredits' Help Act", or "GROWTH Act", which would extend the R&D tax credit through 2010, and increase, modify and make permanent the alternative simplified research credit. Sen. Max Baucus (D-MT) introduced this bill on June 8, 2009. It has 21 cosponsors. The bill was referred to the Senate Finance Committee (SFC), which has taken no action on it.

With so many extensions, companies have come to expect the credit to be continued, and often plan accordingly, even when the credit is allowed to lapse. Extensions have always been retroactive, with the exception of one year 15 years ago.

By keeping the credit temporary, administration and Congressional budget staff, in making revenue projections, can operate under the fiction that tax revenues will increase when the credit expires.

By keeping the issue on the agenda, candidates for federal office, and especially incumbents, can rely upon a continuous flow of campaign contributions from supporters of the credit.

The House passed an earlier version of HR 4213 in May with the extension in it. The Senate did not pass it.

HR 5893 would extend the Build America Bonds program, which was created by HR 1 [LOC | WW], the huge spending bill enacted by the Congress in February of 2009. The purpose of the program is to make it easier for state and local governments to borrow.

Rep. Levin stated in a release that his bill "reaffirms our commitment to creating jobs in America and closing loopholes that encourage companies to ship jobs and investments overseas".

Sen. Baucus stated when he introduced S 1203 that "This credit encourages American businesses to keep jobs here. These jobs are good paying jobs. And when the research is performed in the U.S., then the intangible property stays in this country. And we get to enjoy the fruits of the labor. We need to keep the research jobs here. We cannot lose these jobs. We must make the research and development credit permanent and do everything we can to keep these research jobs here." See, Congressional Record, June 8, 2009, at Pages S6266-7.)

See also, story titled "Senate Considers One Year Extension to R&D Tax Credit" in TLJ Daily E-Mail Alert No. 2,054, March 3, 2010.

7/28. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech in Seattle, Washington, at a convention hosted by the Organization for the Promotion and Advancement of Small Telecommunications Companies (OPASTCO) in which he discussed the FCC's report [143 pages in PDF] titled "Sixth Broadband Deployment Report".

Genachowski stated that "up to 24 million Americans -- again, mostly in rural areas -- do not have access to robust broadband."

He stated that "The different reactions to this report were telling. Some saw that high-speed broadband was available to a very large percentage of Americans, and said everything is fine. Nothing more to do. Mission accomplished. I disagree."

He continued that one of the ways "to bring high-speed Internet and its benefits to all Americans" is "reform of the Universal Service Fund".

"USF has been a success story", said Genachowski, but "USF and intercarrier comp are on an unsustainable path".

He also said that "I agree with Representatives Rick Boucher and Lee Terry, two strong and leading members of Congress from rural districts, Democrat and Republican, who said last week in introducing USF reform legislation -- and I quote – ``The Universal Service Fund is broken.´´"

See,  HR 5828 [LOC | WW | PDF], the "Universal Service Reform Act of 2010", and story titled "Rep. Boucher and Rep. Terry Introduce Universal Service Reform Bill" in TLJ Daily E-Mail Alert No. 2,110, July 22, 2010.

"There is a clear need to reform USF -- not to end it, but to reorient USF to directly support broadband all over America." The FCC Chairman continued that the USF "must deliver universal broadband. Not only must we reorient USF to support broadband deployment directly, but we must do so in a way that maximizes the number of households served by broadband."

"More specifically, the Plan proposes the creation of a new Connect America Fund to distribute broadband funding to high-cost areas. Over time, the Connect America Fund would replace USF’s existing high-cost program."

7/20. Federal Communications Commission (FCC) released a report [143 pages in PDF] titled "Sixth Broadband Deployment Report" on July 20, 2010. It is the FCC's sixth report to be issued pursuant to the statutory mandate of Section 706 of the Telecommunications Act of 1996, which requires the FCC to report on the "availability of advanced telecommunications capability".

In this report, for the first time, the FCC concludes that advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion, and that Section 706 mandates that the FCC take immediate action to accelerate deployment by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.

The Commission divided along party lines, with the three Democrats voting for the report, and the two Republicans dissenting. The report provides support for the Democrats' efforts to reclassify broadband internet access services as Title II services, and to regulate the network management practices of broadband internet access service providers. See, story titled "FCC Adopts Broadband Reclassification NOI" and related stories in TLJ Daily E-Mail Alert No. 2,097, June 18, 2010.

This report is required by Section 706 of the 1996 Act, and is codified at 47 U.S.C. § 157 notes. The statute provides, in part, that the FCC shall regularly "initiate a notice of inquiry concerning the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms) ... In the inquiry, the Commission shall determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. If the Commission's determination is negative, it shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market." (Parentheses in original.)

Heretofore, the FCC has constantly reported that advanced telecommunications capability is being deployed on a reasonable and timely basis to all Americans. The just released report is the first to find the contrary.

For prior reports, see:

• 1st report [WordPerfect] released in January of 1999.
• 2nd report [157 pages in PDF] released in August of 2000.
• 3rd report [118 pages in PDF] released in February of 2002.
• 4th report [60 pages in PDF] released in September of 2004. See also, story titled "FCC Releases Report on Availability of Broadband" in TLJ Daily E-Mail Alert No. 976, September 14, 2004.
• 5th report [76 pages in PDF] released in June of 2008. See also, story titled "FCC Report Concludes Broadband Services Are Being Deployed in a Reasonable and Timely Fashion" in TLJ Daily E-Mail Alert No. 1,734, March 20, 2008.

The report states that "while a substantial majority of Americans have access to broadband connections ... roughly 80 million American adults do not subscribe to broadband at home, and approximately 14 to 24 million Americans remain without broadband access capable of meeting the requirements set forth in section 706".

Section 706 requires the FCC to study "advanced telecommunications", not "broadband", which is the subject of the report. Also, Section 706 requires the FCC to study "availability", not adoption and subscribership, which are the focus of the report.

FCC Commissioner Michael Copps wrote in his statement accompanying the report that "At last -- a section 706 Report where broadband is really broadband, where zip codes are not surrogates for subscribers, and where the documented failure to connect millions upon millions of Americans disproves previous FCC findings that broadband is being reasonably and timely deployed." This, wrote Copps, is "the first really credible effort".

Commissioner Meredith Baker wrote in her statement that "From 2003 to 2009, under a consistent minimal regulatory framework, broadband providers have invested $27 billion annually in networks and infrastructure. Each year networks go further and faster. The National Broadband Plan found that 95 percent of the U.S. population has access to a 4 Mbps/1 Mbps terrestrial broadband service, and 80 percent have choice of broadband offerings." (Footnotes omitted.)

"In every prior Section 706 Report, the Commission concluded that broadband deployment was timely and reasonable. In a striking departure from that decade of consistent Commission findings, the Commission has changed course by concluding that broadband deployment now is not reasonable and timely. I cannot support this decision. Broadband infrastructure deployment and investment are a remarkable and continuing success story, and I am troubled by giving such significant efforts a failing grade."

Baker (at right) continued that "the Report focuses almost exclusively on terrestrial broadband options. Section 706 is not technology specific, yet this Report limits its findings to terrestrial solutions". She also wrote that "I am troubled by our decision as a regulatory agency to decide a fixed definition of broadband speed as 4 Mbps downstream, 1 Mbps upstream".

She concluded that "I have concerns that the proposals to shift broadband Internet access services to monopoly-era Title II requirements will undermine the regulatory certainty and stable foundation that has attracted capital to this sector to date, and will be necessary to fund tomorrow’s broadband networks. The Commission should maintain the existing minimal regulatory approach under Title I".

Commissioner Robert McDowell wrote in his statement "This 180 degree reversal is unsettling considering that since the issuance of the Commission's first Section 706 Report, America has made impressive improvements in developing and deploying broadband infrastructure and services. In fact, referencing findings from the National Broadband Plan, this Report even states that ``95% of the U.S. population lives in housing units with access to terrestrial, fixed broadband infrastructure capable of supporting actual download speeds of at least 4 Mbps.´´ I am concerned that this Report fails to provide sufficient justification as to why the Commission is reversing course from previous reports."

"I am concerned that regulating with a light touch is not what this current Report will be used for in the future". McDowell added, "I question whether this Report will be used to justify additional regulation."

Reaction. Walter McCormick, head of the US Telecom, stated in a release that the FCC's "analysis strains credulity. Its own data show that access to wired broadband has expanded from 8 million Americans to 200 million Americans in the past decade; that 95 percent of the US population lives in housing units with access to wired broadband infrastructure capable of supporting download speeds of 4 Mbps; that it is likely that 90 percent of the country, a country of over 300 million people covering a land mass of 3.8 million square miles, will have access to advertised download speeds of more than 50 Mbps by 2013; and that 77 percent of the US population live in an area served by three or more 3G wireless service providers. In addition, a recent FCC survey of consumers shows that 91 percent are satisfied or very satisfied with their broadband service. Clearly, our country is in the middle of a broadband explosion."

Ed Black, head of the Computer and Communications Industry Association (CCIA), stated in a release that "It's not fair for government to stand by as dominant carriers do what’s in their parochial business interest without someone taking a stand for the interests of the 14 o 24 million Americans without broadband and implementing a comprehensive plan to fill in the gaps."

Derek Turner of the Free Press stated in a release that "Now that the FCC has taken the first step of acknowledging America’s broadband problem, we hope that it will advance policies to will reverse this decline though the promotion of real competition and true consumer choice."

Gigi Sohn of the Public Knowledge (PK) stated in a release that "The fact that a large percentage of the population simply has access to broadband, and slow broadband at that, is not acceptable. ... In order for our economy to grow and for jobs to be created, we need a vibrant, competitive, innovative broadband industry. The FCC recognizes that. We need as well for the FCC to be able to set realistic rules of the road for broadband in order for any positive changes to come about in making sure everyone is connected to high-speed Internet services."

The FCC adopted this report on July 16, 2010, and released the text on July 20, 2010. It is FCC 10-129 in GN Docket No. 09-137 and GN Docket No. 09-51.

The House will meet at 10:00 AM for legislative business. It will consider numerous bills, including HR 5893 [LOC | WW], the "Investing in American Jobs and Closing Tax Loopholes Act". See, Rep. Hoyer's schedule for the week of July 26, and schedule for July 29.

The Senate will meet at 9:30 AM. It will resume consideration of HR 5297 [LOC | WW], the "Small Business Jobs and Credit Act of 2010".

9:00 AM. Day two of a two day meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Information Systems Technical Advisory Committee (ISTAC). The July 29 agenda is undisclosed. The July 29 portion of this meeting is closed to the public. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Pages 39919-39920. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Aves., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of several judicial nominees: Mary Helen Murguia (to be a Judge of the U.S. Court of Appeals for the 9th Circuit), Edmond E-Min Chang (U.S. District Court, Northern District of Illinois), Leslie Kobayashi (USDC/DHawaii), Denise Casper (USDC/DMass), and Carlton Reeves (USDC/DMiss). See, notice. The SJC will webcast this event. The SJC rarely follows its published agendas. Location: Room 226, Dirksen Building.

11:00 AM. The Department of Homeland Security's (DHS) Immigration and Customs Enforcement's (ICE) National Intellectual Property Rights Coordination Center (NIPRCC) will host a roundtable discussion with reporters about the mission and growth of the NIPRCC. John Scott Ballman (Deputy Director of the NIPRCC) will speak. Location: NIPRCC, 2451 Crystal Drive, Suite 200, Arlington, VA.

2:00 PM. The House Oversight and Government Reform Committee's (HOGR) Subcommittee on Information Policy, Census and National Archives Subcommittee will hold a hearing titled "Public Access to Federally-Funded Research". See, notice. The HOGRC will webcast this event. Location: Room 2154, Rayburn Building.

The House may meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of July 26.

The House is scheduled to "complete its business for the July work period". See, Rep. Steny Hoyer's June 18 release.

RESCHEDULED FROM JUNE 25. 12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Bridging the Gap: Broadband 101 -- An Introduction to Broadband Regulation and Policy". The speaker will be Dan Brenner (Hogan Lovells). For more information, contact Micah Caldwell at mcaldwell at fh-law dot com or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: Harris Corporation, Suite 850E, 600 Maryland Ave., SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rule Making (NPRM) regarding amateur radio use of the allocation at 5 MHz. The FCC adopted this NPRM on May 4, 2010, and released the text on May 7, 2010. It is FCC 10-76 in ET Docket No. 10-98. See, notice in the Federal Register, June 15, 2010, Vol. 75, No. 114, at Pages 33748-33752.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] regarding revisions to FCC Forms 470 and 471. This item is DA 10-1248 in CC Docket No. 02-6.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [PDF] regarding Dish Network's Application for Certification as a qualified carrier pursuant to the Satellite Television Extension and Localism Act of 2010. See, Section 105 of S 3333 [LOC | WW], signed into law on May 27, 2010. See also, story titled "Obama Signs Satellite TV Bill" in TLJ Daily E-Mail Alert No. 2,089, May 28, 2010. This item is DA 10-1036 in MB Docket No. 10-124.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice [21 pages in PDF] requesting input and data on mobile wireless competition for the FCC's Fifteenth Annual Report on the State of Competition in Mobile Wireless. This item is DA 10-1234 in WT Docket No. 10-133.

1:00 - 4:00 PM. The Federal Communications Bar Association's (FCC) Young Lawyers Committee will host an event titled "Summer Rooftop BBQ and Pool Party". For more information, contact Justin Faulb at faulb at lojlaw dot com, Evan Morris at evan dot morris at harris dot com, or Mark Brennan at mark dot brennan at hoganlovells dot com. Location: undisclosed.

Extended deadline to submit nominations to the U.S. Patent and Trademark Office's (USPTO) National Medal of Technology and Innovation Nomination Evaluation Committee. See, notice in the Federal Register, May 24, 2010, Vol. 75, No. 99, at Pages 28782-28783.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Phoenix Solutions v. Directv Group, App. Ct. No. 2010-1125. Location: Courtroom 201.

Extended deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its draft [76 pages in PDF] of its "FY 2010-2015 Strategic Plan". See, notice in the Federal Register, July 9, 2010, Vol. 75, No. 131, at Pages 39493-39494. See also, story titled "USPTO Releases Draft Five Year Plan" in TLJ Daily E-Mail Alert No. 2,102, July 12, 2010. And see, notice of extention.

8:30 - 10:45 AM. Day one of a two day partly closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee. The BIS did not disclose the subject matter of this meeting. See, notice in the Federal Register: July 16, 2010, Vol. 75, No. 136, at Pages 41439-41440. Location: DOC, Hoover Building, Room 3884, 14th Street between Pennsylvania and Constitution Avenues, NW.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "The New HIPAA/HITECH Regulations: What's New and What Do Those Changes Mean?". See, notice. Prices vary. CLE credit.

1:30 - 5:00 PM. The Federal Aviation Administration's (FAA) RTCA Special Committee 222: Inmarsat Aeronautical Mobile Satellite (Route) Services will meet. See, notice in the Federal Register, July 12, 2010, Vol. 75, No. 132, at Pages 39724-39725. Location: ARINC Building 6, Conference Center Room 6-A1, 2551 Riva Road, Annapolis, MD.

2:30 PM. The Senate Homeland Security and Government Affairs Committee's (SHSGAC) Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security will hold a hearing titled "Transforming Government Through Innovative Tools and Technology". See, notice. The SHSGAC will webcast this event. Location: Room 342, Dirksen Building.

8:30 - 10:45 AM. Day two of a two day partly closed meeting of the Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Emerging Technology and Research Advisory Committee. The BIS did not disclose the subject matter of this meeting. See, notice in the Federal Register: July 16, 2010, Vol. 75, No. 136, at Pages 41439-41440. Location: DOC, Hoover Building, Room 3884, 14th Street between Pennsylvania and Constitution Avenues, NW.

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 "Embedded software (biomedical, ICS) and associated malware", "FISMA Guidance", "National Initiative for Cybersecurity Education (NICE)", "Key Priorities next 2-3 years for NIST in cyber security", "Threat Vector Initiative", "Fedramp", "Cyber Coordinator Briefing", "National Protection and Programs Directorate Briefing", "Security Roadmap", "Initiative 3 Exercise (Einstein)", "S-Cap usage and continuous monitoring", "Authentication and Trust Framework Secure Online Transaction (SOT) Work", and "Assurance of Legitimate Government Outbound Mail". See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Pages 39920-39921. Location: Marriott Hotel Washington, 1221 22nd St., NW.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Terrorism and Homeland Security will hold a hearing titled "Government Preparedness and Response to a Terrorist Attack Using Weapons of Mass Destruction". See, notice. The HJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 - 11:00 AM. The American Enterprise Institute (AEI) will host an event titled "After ECFA: The Present and Future of Cross-Strait Relations". The ECFA is the Economic Cooperation Framework Agreement, a free trade agreement between the People's Republic of China and Taiwan. The speakers will be Shin-Yuan Lai (Minister of Taiwan's Mainland Affairs Council), and Gary Schmitt (AEI). See, notice. Location: AEI, 1150 17th St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Shum v. Intel, App. Ct. Nos. 2009-1385 and 2010-1109. Location: Courtroom 201.

2:00 - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, FCC notice and notice in the Federal Register, July 19, 2010, Vol. 75, No. 137, at Page 41863. Location: FCC, Room 3B516, 445 12th St., SW.

8:30 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, July 13, 2010, Vol. 75, No. 133, at Pages 39920-39921. Location: Marriott Hotel Washington, 1221 22nd St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Typhoon Touch v. Dell, App. Ct. No. 2009-1589, an appeal from the U.S. District Court (EDTex) in a patent infringement case regarding touch screen computing technology. Location: Courtroom 201.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Nuance Communications v. ABBYY Software, App. Ct. No. 2010-1100. Location: Courtroom 201.

10:30 AM. The Federal Communications Commission (FCC) may hold an event titled "open meeting". Location: FCC, Commission Meeting Room, 445 12th St., SW.

7/28. The Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rulemaking (NPRM) [36 pages in PDF] regarding prescribing a point to point predictive model for determining the ability of individual locations to receive an over the air digital television broadcast signal at the intensity level needed for service through the use of an antenna. This rulemaking is required by the Satellite Television Extension and Localism Act of 2010 (STELA), which the Congress enacted in May. See, story titled "Obama Signs Satellite TV Bill" in TLJ Daily E-Mail Alert No. 2,089, May 28, 2010. This NPRM is FCC 10-133 in ET Docket Nos. 10-152 and 06-94. Initial comments will be due within 20 days after publication of a notice in the Federal Register. Reply comments will be due within 30 days of such publication. As of the July 29, 2010, issue of the Federal Register, such notice had not been published.

7/28. The Department of Justice's (DOJ) Antitrust Division (AD) announced in a release that Wen-Hung Huang, a former director of sales of Chi Mei Optoelectronics Corporation, "has agreed to plead guilty and to serve jail in the United States for participating in a global conspiracy to fix the price of thin-film transistor-liquid crystal display (TFT-LCD) panels". This is another in a series of LCD prosecutions by the DOJ/AD.

7/28. The Federal Trade Commission (FTC) issued a release titled "FTC Warns Consumers to Beware of Pitfalls When Choosing Pre-paid Phone Cards".

7/27. President Obama signed into law HR 5502 [LOC | WW], an untitled bill that amends the gift card and pre-paid card provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009. See, White House news office release.

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