9/15. Federal Communications Commission (FCC) Commissioner Meredith Baker gave a speech in Washington DC in which she criticized proposals for government funding of news media. She argued that government support would undermine its independence, erode public confidence in news media, and inhibit investment in independent media.

Baker (at right) stated that "They seek a quick fix, a shot to the arm -- the sort of costly government-funded bail-out that characterizes much of our current political dialogue. A staff discussion draft at the FTC mentioned proposals ranging from a government-backed Journalism Corps to a National Fund for Local News paid for by taxes on broadcasters, consumer electronic companies, and advertising. One source estimated that the proposed subsidies to the journalism industry could cost billions of dollars each year."

Baker argued that "proponents of reform seek to protect journalism by undermining its core. Without true independence from government, the press could not serve its proud role as a check on governmental authority."

She also argued that "Direct government funding of journalism would also erode the public's attitude towards media, an attitude already characterized by more skepticism than trust. Only 20 percent of Americans believe that news organizations are independent of powerful interests, and 60 percent of Americans believe news organizations to be politically biased. Combining these metrics with government-sponsored journalism will clearly upset an already precarious relationship. Funding -- no matter how well-insulated from editorial decisions -- will only exacerbate concerns about a captured press."

Baker next addressed the economics of news journalism. She discussed the expense of news collection. "Further complicating the economics is the shift to digital formats, whether online or through applications like the iPad, which I consider a real game changer. Scripps has reported that a print reader brings in $500 in annual revenue, but an online reader only produces $75. This sort of disparity serves as stark evidence of trading analog dollars for digital dimes."

She identified one government imposed impediment to news gathering -- the FCC's media ownership rules. She said that the rules "hamstring the ability of traditional media companies from moving beyond yesterday's technological silos. A newspaper can't be combined with a local broadcast station in most markets today, and there are strict limits on the number of radio and TV outlets any one news company may own."

She concluded that "proactive government intervention into journalism is not just expensive and constitutionally problematic, it is also unnecessarily defeatist: it undermines the incentives for companies to create the next great journalistic endeavor. Many media players and efforts need time to find their footing in this new digital era, and we must provide these companies with the time to develop a healthy, innovative industry built for long-term sustainability."

On October 28, 2009, FCC Chairman Julius Genachowski announced that the FCC will "assess the state of the media". "Genachowski Announces Plan to Assess the Media" in TLJ Daily E-Mail Alert No. 2,010, November 2, 2009.

The FCC commenced a proceeding by Public Notice [PDF] on January 21, 2010. The FCC held a workshop on March 31, 2010. See, story titled "or of the Press" in TLJ Daily E-Mail Alert No. 2,069, March 31, 2010. This proceeding is titled "Future of Media and the Information Needs of Communities", and numbered GN Docket No. 10-25.

Baker said that "We expect the FCC to issue its report by year end."

See also, story titled "FCC's Baker Opposes Government Funding of Journalism" in TLJ Daily E-Mail Alert No. 2,039, January 26, 2010.

9/14. Federal Communications Commissioner (FCC) Commissioner Mignon Clyburn gave a speech at a conference in New York, New York, hosted by the National Association for Multi-ethnicity in Communications (NAMIC). She discussed minority ownership in the context of antitrust merger reviews.

She said that "One of the FCC's responsibilities is to review mergers to ensure that they do not result in competitive harm -- a duty we share with the Antitrust Division of the Justice Department. In many cases, merger approvals are conditioned upon the merged entity agreeing to divest certain valuable assets, such as spectrum."

She continued that "Historically, small entities have had a difficult time acquiring spectrum through this divestiture process because too often the assets are bundled in such a manner where only the most highly capitalized entities have the capacity to bid. To directly address that, the FCC recently announced that it will be increasing coordination with the Justice Department on the divestiture process of mergers."

She concluded that "Increased coordination will enable us to give additional guidance to entities in the divestiture process in hopes that small businesses and new entrants have a realistic opportunity to purchase communications assets in the future."

9/16. The Federal Communications Commission (FCC) released the agenda for its event on September 23, 2010, titled "Open Meeting". The five Commissioners are scheduled to adopt and read statements on items pertaining to use of TV white space by unlicensed wireless devices, e-rate programs, and wireless E911 location tracking.

The FCC is scheduled to adopt a Second Memorandum Opinion and Order (2nd MOO) that addresses 17 petitions for reconsideration of the FCC's TV white space rules. See, ET Docket Nos. 04-186 and 02-380.

The FCC is scheduled to adopt a Report and Order (R&O) regarding the FCC's waste, fraud and abuse plagued e-rate tax and subsidy programs. It adopted the relevant Notice of Proposed Rulemaking (NPRM) on May 20, 2010. See, story titled "FCC Adopts Another E-Rate NPRM" in TLJ Daily E-Mail Alert No. 2,087, May 26, 2010. This is CC Docket No. 02-6 and GN Docket No. 09-51.

The FCC is scheduled to adopt a 2nd R&O and a Further NPRM and Notice of Inquiry, both pertaining to the FCC's wireless E911 location surveillance mandates. This is PS Docket No. 07-114 and WC Docket No. 05-196.

See, Public Notice (PN) [4 pages in PDF], November 6, 2009, DA 09-2397, in PS Docket No. 07-114.

For further background, see story titled "FCC Extends E911 Location Tracking Rules to Interconnected VOIP" in TLJ Daily E-Mail Alert No. 1,589, May 31, 2007, story titled "FCC Adopts E911 Location Tracking Accuracy Benchmarks" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007, story titled "FCC Files Opposition to Stay in Challenge to Its Latest Wireless E911 Location Tracking Mandates" in TLJ Daily E-Mail Alert No. 1,729, March 11, 2008, and story titled "FCC Seeks Comments on Wireless Location Tracking Rules" in TLJ Daily E-Mail Alert No. 1,833, September 26, 2008.

This meeting may or may not begin at 10:30 AM on Thursday, September 23, 2010.

9/20. The Federal Communications Commission (FCC) adopted and released an Order [2 pages in PDF] and Consent Decree [9 pages in PDF] in its investigation of Purple Communications, Inc., for possible violation of 47 U.S.C. § 225 in connection with overbilling the FCC for providing Telecommunications Relay Services (TRS). The consent decree requires Purple to pay $22 Million. See also, FCC release. This Order and Consent Decree is DA 10-1734.

9/17. The Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) [21 pages in PDF] regarding the assignment of telephone numbers for Internet based Telecommunications Relay Service (iTRS), Video Relay Service (VRS) and IP Relay. The FCC adopted this NPRM on September 16, 2010, and released the text on September 17, 2010. It is FCC 10-161 in CG Docket No. 03-123, WC Docket No. 05-196, and WC Docket No. 10-191. Initial comments will be due within 30 days of publication of a notice in the Federal Register. Reply comments will be due within 45 days of such publication. As of the September 21, 2010, issue of the Federal Register, this notice had not yet been published.

9/8. The Federal Communications Commission (FCC) published a notice in the Federal Register that announces, describes, and sets comment deadlines for, its Further Notice of Proposed Rulemaking (NPRM) [79 pages in PDF] regarding expanding the FCC's disability access technology mandates. The FCC adopted and released this item on August 5, 2010. It is FCC 10-145 in WT Docket No. 07-250. Initial comments are due by October 25, 2010. Reply comments are due by November 22, 2010. See, Federal Register, September 8, 2010, Vol. 75, No. 173, at Pages 54546-54560. See also, story titled "FCC Adopts Disability Access Policy Statement, Order, and NPRM" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010.

8/9. The Consumer Electronics Association (CEA) announced the formation of a working group, named R4 WG19, to "develop standards for enhanced accessibility features in video devices". See, CEA release.

9/17. The Federal Communications Commission (FCC) adopted and released a Further Notice of Proposed Rulemaking and Memorandum Opinion and Order (FNPR & MOO) regarding low power television station digital transition. The MOO portion of this item dismisses as moot the petition for reconsideration of the FCC's Digital LPTV Order filed by the New America Foundation (NAF) and Champaign Urbana Wireless Network. This item is FCC 10-172 in MB Docket No. 03-185. Initial comments will be due within 60 days of publication of a notice in the Federal Register. Reply comments will be due within 90 days of such publication. As of the September 21, 2010, issue of the Federal Register, this notice had not yet been published.

8/24. The Federal Communications Commission (FCC) published a notice in the Federal Register that sets comment deadlines for its Notice of Proposed Rulemaking and Notice of Inquiry [102 pages in PDF] regarding the use of microwave for wireless backhaul. The FCC adopted and released this item on August 5, 2010. It is FCC 10-146 in WT Docket Nos. 10-153, 09-106, 07-121. Initial comments are due by October 25, 2010. Reply comments are due by November 22, 2010. See, Federal Register, August 24, 2010, Vol. 75, No. 163, at Pages 52185-52209. See also, story titled "FCC Adopts Wireless Backhaul NPRM and NOI" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010.

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of John McConnell to be a Judge of the U.S. District Court for the District of Rhode Island. This nomination served as the vehicle for a debate over the nature of the confirmation process.

The Constitution provides that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court, and all other Officers of the United States ..." The Congress then promptly created the District Courts. The Congress created the Courts of Appeals in 1891. By long standing practice Senators of the President's party pick the District Court nominees for their state. Presidents take primary responsibility for selecting Court of Appeals and Supreme Court nominees.

Also, Senators whose party is not the President's party tend to delay and/or oppose many of the nominees of the President, while Senators of the President's party almost always support them. When the party of the President changes, Senators trade roles. Nevertheless, Senators of the President's party accuse the other party of improper delay and obstruction.

Republican Senators have a particularly strong incentive to delay judicial nominees at this time. They are likely to either gain a majority, or at least many seats, after the November elections. They will then be in a much stronger position to block President Obama's nominees, and hence, to influence whom he nominates. In the 112th Congress Obama will likely be relegated to nominating fewer ideological and liberal judges.

Sen. Sheldon Whitehouse (D-RI) defended his selection of McConnell for the District Court at the September 16 executive business meeting. Also, he complained that Republicans are starting a new practice of throwing District Court nominees into "partisan wars" like Court of Appeals nominees. He said, "you let that tiger out of the cage and it is never going to come back in".

Sen. Sessions responded that deferring to the President is not consistent with the responsibility of the Senate.

Sen. Sessions also stated that after 2000 elections, when the President was a Republican, and Republicans held a majority of the seats in the Senate, Democrats "changed the ground rules" and began the practice of filibustering judicial nominees. He specifically complained about Democrats blocking Miguel Estrada, whom President Bush nominated to be a Judge of the U.S. Court of Appeals (DCCir).

Sen. Leahy countered that Republicans "pocket filibustered" former President Clinton's nominees at the end of his second term.

This is the SJC's second consideration of McConnell. For more on McConnell, see "People and Appointment" in TLJ Daily E-Mail Alert No. 2,098, June 21, 2010.

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Kathleen O'Malley to be a Judge of the U.S. Court of Appeals for the Federal Circuit. She is again on the agenda for the meeting of September 23, 2010. She is a Judge of the U.S. District Court for the Northern District of Ohio.

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Goodwin Liu to be a Judge of the U.S. Court of Appeals for the 9th Circuit. He is again on the agenda for the meeting of September 23, 2010. He is a law professor at the University of California at Berkeley.

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Robert Chatigny to be a Judge of the U.S. Court of Appeals for the 2nd Circuit. He is again on the agenda for the meeting of September 23, 2010. He is a Judge of the U.S. District Court for the District of Connecticut. He was appointed in 1994 by former President Clinton.

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Beryl Howell to be a Judge of the U.S. District Court for the District of Columbia. She is again on the agenda for the meeting of September 23, 2010. This nomination is atypical in two respects. First, while this is a District Court nominee, there are no Senators to whom deference is owed. Second, Howell is a former SJC staffer -- for Sen. Patrick Leahy (D-VT) -- and hence obtains considerable deference from SJC members. Sen. Leahy asked for SJC approval by "appealing to the milk of human kindness". William Shakespeare used this term in Macbeth, Act I, Scene 5. Lady Macbeth criticized her husband in a soliloquy: "I do fear thy nature; It is too full o' the milk of human kindness To catch the nearest way". That is, she means that the "milk of human kindness" is both compassion, and weakness. But then, Macbeth followed his wife's directions, killed the king, and ended up with his own head on a pole.

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Robert Wilkins to be a Judge of the U.S. District Court for the District of Columbia. He is again on the agenda for the meeting of September 23, 2010. Wilkins is a partner in the Washington DC office of the law firm of Venable. He is a criminal defense attorney who has also worked on intellectual property cases.

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Edward Chen to be a Judge of the U.S. District Court for the Northern District of California. He is again on the agenda for the meeting of September 23, 2010. He is currently a Magistrate Judge. Sen. Dianne Feinstein (D-CA) urged that he be promptly approved by the SJC. She asked Sen. Jeff Sessions (R-AL) why anyone would oppose or delay his nomination. He responded that there is much controversy. He stated, for example, that "he made statements relating to judicial philosophy that suggests that he is not bound by the law" and that "judges can go beyond it". Sen. Sessions also stated that Chen said that when he heard "America the Beautiful" he had "feelings of ambivalence and cynicism".

9/16. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of the nomination of Louis Butler to be a Judge of the U.S. District Court for the Western District of Wisconsin. He is again on the agenda for the meeting of September 23, 2010.

9/20. Federal Communications Commission (FCC) Commissioner Mignon Clyburn named Dave Grimaldi her Chief of Staff and Media Legal Advisor. See, FCC release. He previously worked for Rep. James Clyburn (D-SC), the House Majority Whip, and father of Mignon Clyburn.

9/17. President Obama announced his intent to appoint Carlos Castillo-Chavez (Arizona State University), Joseph Francisco (Purdue University), Inez Fung (UC Berkeley), and Margaret Murnane (University of Colorado at Boulder) to be members of the President’s Committee on the National Medal of Science. See, White House news office release.

9/16. Brian Benczkowski joined the law firm of Kirkland & Ellis. He was Minority Staff Director for the Senate Judiciary Committee (SJC). He prepared Sen. Jeff Sessions (R-AL), the ranking Republican on the SJC, when he suddenly became the ranking Republican after Sen. Arlen Specter (D-PA) switched parties. Before joining the SJC staff, Benczkowski was Chief of Staff to former Attorney General Michael Mukasey. He also previously worked at the Department of Justice (DOJ) on Congressional affairs and in the Office of Legal Policy (OLP) on judicial nominations. Sen. Patrick Leahy (D-VT), the Chairman of the SJC, praised Benczkowski, and started a standing ovation at the SJC's executive business meeting on September 16, 2010. Sen. Leahy added that "we are really Constitutional impediments to the staff who do all the work". Sen. Sessions said that now that Benczkowski has a job with Kirkland & Ellis, "we fully expect you to pay lot of taxes" to pay for all of the Congress's appropriations. Sen. Sessions elevated Matt Miner from Deputy Staff Director to Staff Director, replacing Benczkowski. He is a former Assistant U.S. Attorney from Alabama.

9/16. President Obama nominated Charles Oberly to be the U.S. Attorney for the District of Delaware. He is currently of counsel in the Wilmington, Delaware, office of the law firm of Drinker Biddle & Reath. See, White House news office release.

9/15. President Obama announced his intent to appoint 30 persons to be members of Advisory Committee for Trade Policy and Negotiations. The list includes Dean Garfield (Information Technology Industry Council), Robert Holleyman (Business Software Alliance), Harold McGraw (McGraw Hill), and others. See, White House news office release.

9/14. Federal Communications Commission (FCC) Chairman Julius Genachowski named Peter Karanjia Deputy General Counsel in the FCC's Office of General Counsel. He will have primary responsibility for defending the orders of the FCC in court. He was previously Special Counsel to the Solicitor General at the Office of the New York Attorney General. Before that, he was a partner at the law firm of Davis Wright Tremaine. See, FCC release.

9/14. Federal Communications Commission (FCC) Chairman Julius Genachowski named Troy Tanner Deputy Chief of the FCC's International Bureau. (A second FCC release states that his position is Assistant Chief.) He previously worked for the law firm of Bingham McCutchen. Before that, in the 1990s, he worked at the FCC. Mindel De La Torre, who remains Chief of the IB, announced other staff changes at the IB. Thomas Sullivan was named Associate Chief/Chief of Staff. Linda Sloan has returned from the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) to be Associate Bureau Chief. Jennifer Gilsenan was named Assistant Chief. David Strickland was named Assistant Chief. Walt Strack, an economist, was named Assistant Chief. He was previously an economist for the FCC's Wireless Telecommunications Bureau. Robert Somers was named Outreach Coordinator. Irene Wu was named acting Chief Data Officer. Richard Lerner was named Deputy Chief. Julie Saulnier was named Deputy Chief. Finally, Paul Blais was name Branch Chief, Systems Analysis Branch, Satellite Division. See, FCC release and release.

The House will meet at 2:30 PM in pro forma session only. See, Rep. Hoyer's schedule for the week of September 20.

9:00 AM - 5:15 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for International Science & Engineering. See, notice in the Federal Register, August 30, 2010, Vol. 75, No. 167, at Page 52996. Location: 4201 Wilson Boulevard, Stafford II, Room 595, Arlington, VA.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "ISPs and Copyright Infringers: Title I, Title II, Graduated Response, and Network Management". The speakers will be Christopher Wolf (Hogan Lovells), Michael Nelson (Georgetown University), and Markham Erickson (Open Internet Coalition). The FCBA excludes reporters from many of its events. Location: Hogan & Lovells, 555 13th St., NW.

Day one of a two day conference hosted by the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) titled "Cryptography Key Management Workshop". This pertains to its draft SP 800-130 [88 pages in PDF] titled "A Framework for Designing Cryptographic Key Management Systems", and its draft SP 800-131 [27 pages in PDF] titled "Recommendation for the Transitioning of Cryptographic Algorithms and Key Lengths".

Deadline to submit all comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding disability access and the accessibility of FCC proceedings. The FCC released this PN on July 19, 2010. This PN is DA 10-1325 in CG Docket No. 03-123. See, story titled "FCC Releases Two Public Notices Regarding Disability Access" in TLJ Daily E-Mail Alert No. 2,108, July 20, 2010. See also, notice in the Federal Register, August 23, 2010, Vol. 75, No. 162, at Page 51812.

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) regarding its collection of information regarding applicants seeking to operate in existing and planned radio frequency (RF) bands that are shared on a co-primary basis by federal and non-federal users. See, notice in the Federal Register, July 21, 2010, Vol. 75, No. 139, at Pages 42376-42377.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [92 pages in PDF] regarding changes to its Personal Radio Services rules. The FCC adopted this NPRM on June 1, 2010, and released the text on June 7, 2010. It is FCC 10-106 in WT Docket No. 10-119. See, notice in the Federal Register, August 4, 2010, Vol. 75, No. 149, at Pages 47141-47169.

The House will not meet. See, Rep. Hoyer's schedule for the week of September 20.

8:30 AM - 12:00 NOON. Day two of a two day meeting of the National Science Foundation's (NSF) Advisory Committee for International Science & Engineering. See, notice in the Federal Register, August 30, 2010, Vol. 75, No. 167, at Page 52996. Location: 4201 Wilson Boulevard, Stafford II, Room 595, Arlington, VA.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host a brown bag lunch. The speaker will be Doug Sicker (FCC Chief Technologist). The FCBA asserts that this is an FCBA event. Location: 11th floor, Covington & Burling, 1201 Pennsylvania Ave., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "The Real Realities of Cloud Computing". Prices vary. CLE credits. See, notice.

2:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, September 1, 2010, Vol. 75, No. 169, at Page 53694. Location: FCC, Commission Meeting Room, 445 12th St.,  SW.

The Department of Transportation's (DOT) Research and Innovative Technology Administration will host a one day conference titled "Distracted Driving Summit" for the purpose of exchanging information and ideas regarding reducing the number of crashes and deaths caused by, among other things, use of cell phones and other wireless devices by drivers. See, notice in the Federal Register: August 13, 2010, Vol. 75, No. 156, at Page 49550. See also, conference web site. Location: Renaissance Hotel, 999 9th St., NW.

Day two of a two day conference hosted by the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) titled "Cryptography Key Management Workshop". This pertains to its draft SP 800-130 [88 pages in PDF] titled "A Framework for Designing Cryptographic Key Management Systems", and its draft SP 800-131 [27 pages in PDF] titled "Recommendation for the Transitioning of Cryptographic Algorithms and Key Lengths".

The House will meet at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:00 PM. See, Rep. Hoyer's schedule for the week of September 20.

8:30 - 10:00 AM. The Copyright Alliance will host a panel discussion titled "In Syn©: Innovators & Innovation in the Copyright Community". The speakers will be Sen. Jeff Sessions (R-AL), Michael Binko (Kaulkin Information Systems), Sarah Hegarty (McGraw-Hill), and Bob Zitter (HBO). For more information, contact Gayle Osterberg at gayle at 133publicaffairs dot com. Location: Room SVC 212-10, Capitol Visitors Center.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Electronic Communications Privacy Act: Promoting Security and Protecting Privacy in the Digital Age". The witnesses will be James Baker (Department of Justice), Cameron Kerry (General Counsel, Department of Commerce), Jim Dempsey (Center for Democracy and Technology), and Brad Smith (General Counsel, Microsoft). See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

10:00 AM. The House Oversight and Government Reform Committee's (HOGRC) Subcommittee on National Security and Foreign Affairs will hold a hearing titled "Made in the USA: Manufacturing Policy, the Defense Industrial Base, and U.S. National Security". HOGRC staff states that one of the issues likely to be addressed is the lapsed production in the U.S. of rare earth materials, which are used to make such products as permanent magnets, which are used in cell phones, computer hard drives, and other electronic devices. The witnesses will be Jeff Faux (Economic Policy Institute), Robert Baugh (AFL/CIO), Mark Gordon (National Defense Industrial Association), and Michael Wessel (U.S.-China Economic and Security Review Commission). See also, Government Accountability Office (GAO) report [pages in PDF] of April 14, 2010, titled "Rare Earth Materials in the Defense Supply Chain". The People's Republic of China, which currently provides most of the world's supply of rare earth materials, has recently restricted exports. See, notice. Location: Room HVC-210, Capitol Visitor Center.

11:00 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitutional, Civil Rights and Civil Liberties will hold a hearing titled "ECPA Reform and the Revolution in Cloud Computing". The HJC will webcast this event. See, notice. Location: Room 2141, Rayburn Building.

12:00 NOON - 2:00 PM. The Copyright Alliance will host an event titled "Fourth Annual EXPO, Creators Across America". For more information, contact Gayle Osterberg at gayle at 133publicaffairs dot com. Location: Room 106, Dirksen Building.

12:00 NOON. Deadline to submit requests to testify at the Office of the U.S. Trade Representative's (OUSTR) October 6, 2010, hearing regarding its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). See, notice in the Federal Register, August 3, 2010, Vol. 75, No. 148, at Pages 45693-45694.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will host a lunch. The speakers will be the FCC's Wireless Telecommunications Bureau's division chiefs. The FCBA asserts that this is an FCBA event. The price to attend is $15. Location: Wiley Rein, 1776 K St., NW.

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on S  3742, the "Data Security and Breach Notification Act of 2010". See, notice. Location: Room 253, Russell Building.

6:00 - 9:15 PM. The DC Bar Association will host a panel presentation titled "How to Protect and Enforce Trademark Rights". The speakers will be Shauna Wertheim (Marbury Law Group) and Steven Hollman (Hogan Lovells). The price to attend ranges from $89 to $129. Reporters are barred from attending most DC Bar events. This event qualifies for CLE credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for the week of September 20.

9:30 AM - 5:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. Location: FCC, Commission Meeting Room.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Keeping Us Safe: The Need for a Nationwide Public Safety Network". See, notice. Location: Room 253, Russell Building.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "Open Meeting". See, agenda. Location: FCC, Commission Meeting Room.

TIME? The American Bar Association (ABA) will host a webcast and teleconferenced event titled "MySpace and the Workplace: What Employers Need to Know About Social Networking". Prices vary. CLE credits.

2:40 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation titled "Privacy and Online Advertising". The speakers will be Catherine Tucker (MIT business school) and Avi Goldfarb. For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: ground floor Conference Center, 601 New Jersey Ave., NW.

6:00 - 8:15 PM. The DC Bar Association will host a presentation titled "Beginner’s Guide to Publishing Law and Publishing Agreements". The speaker will be Gail Ross (Lichtman Trister & Ross). The price to attend ranges from $89 to $129. Reporters are barred from attending most DC Bar events. This event qualifies for CLE credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Broadcast Indecency Regulation after Fox". The speakers will include Jacob Lewis (FCC Associate General Counsel), Sam Feder (Jenner & Block), Mathew Berry, Andrew Tollin (Wilkinson Barker Knauer), and Maureen O'Connell (News Corp.). See, notice. CLE credits. Prices vary. The FCBA bars reporters from many of its events. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [110 pages in PDF] regarding changes to its universal service rural health clinics tax and subsidy program. The FCC adopted and released this item on July 15, 2010. It is FCC 10-125 in WC Docket No. 02-60. See, FCC Public Notice and notice in the Federal Register, August 9, 2010, Vol. 75, No. 152, at Pages 48235-48272. See also, story titled "FCC Proposes to Expand Rural Health Clinic Universal Service Program" in TLJ Daily E-Mail Alert No. 2,105, July 15, 2010.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [3 pages in PDF] that announces that the FCC will write a "plan" or "roadmap" pertaining to cyber security and communications networks. This PN asks: "What are the most vital cybersecurity vulnerabilities for communications networks or users? How can these vulnerabilities be addressed? What role should the Commission play in addressing them? What steps should the Commission take, if any, to remediate them? If the FCC does not play a role in addressing these vulnerabilities and problems, what agency or entity would fulfill that role? How should the Commission coordinate its efforts with other agencies of government?" This PN is DA 10-1354 in PS Docket No. 10-146 and GN Docket No. 09-51.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding AT&T's petition for reconsideration of the action taken by the FCC's Wireline Competition Bureau's (WCB) Pricing Policy Division rejecting AT&T's petition to suspend for one day, investigate and issue an accounting order for the July 1, 2010 interstate access tariff filing by Minnesota Independent Equal Access Corporation (MIEAC). See, FCC Public Notice.

The House will meet at 9:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. See, Rep. Hoyer's schedule for the week of September 20.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch titled "Anatomy of a Rulemaking". The speakers will be David Horowitz (FCC Assistant General Counsel) and Heather Zachary (Wilmer Hale). 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: Wilmer Hale, 1875 Pennsylvania Ave., NW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "Patent Reform Act of 2009/2010: Effects on Small Businesses and Startups". Prices vary. CLE credits. See, notice.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Future of Privacy Online". The speakers will be Rob Atkinson (ITIF), Daniel Castro (ITIF), Marc Eichorn (FTC), Fernando LaGuarda (Time Warner Cable), Tom Lenard (Technology Policy Institute), Tim Sparapini (Facebook), and Daniel Weitzner (NTIA). See, notice. This event is free and open to the public. Location: ITIF, Suite 610A, 1101 K St., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its further interim guidance for the patent examining corps to use when determining subject matter eligibility under 35 U.S.C. § 101 following the June 28, 2010, opinion [71 pages in PDF] of the Supreme Court in Bilski v. Kappos. See, notice in the Federal Register, July 27, 2010, Vol. 75, No. 143, at Pages 43922-43928. See also, story titled "USPTO Releases and Seeks Comment on Post Bilski Guidance for Examiners" in TLJ Daily E-Mail Alert No. 2,113, July 28, 2010.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) to assist it in preparing its annual report to the Congress on the People's Republic of China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). The OUSTR seeks comments on, among other things, "intellectual property rights (including intellectual property rights enforcement)". See, notice in the Federal Register, August 3, 2010, Vol. 75, No. 148, at Pages 45693-45694.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding extending the electronic tariff filing requirement for incumbent local exchange carriers to all carriers that file tariffs and related documents. This NPRM is FCC 10-127 in WC Docket No. 10-141. See, FCC Public Notice and notice in the Federal Register, August 11, 2010, Vol. 75, No. 154, at Pages 48629-48641.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the Agreement Containing Consent Order in the FTC's administrative action against Reverb Communications, Inc. and Tracie Snitker. See, story titled "Marketer's Posting of Product Comments in iTunes Store Violates FTC Act" in TLJ Daily E-Mail Alert No. 2,129, September 9, 2010, and notice in the Federal Register, September 2, 2010, Vol. 75, No. 170, at Pages 53968-53969.

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