9/30. Sen. Tom Udall (D-NM) announced that he introduced S __ [PDF], the "Cell Phone Bill Shock Act of 2010", a bill to require the Federal Communications Commission (FCC) to write rules requiring cell phone service providers to give notices to their customers when then have used 80% of their monthly limit or prepaid amount, and obtain consent before providing and charging for service in excess of the monthly limit.

Sen. Udall stated in a release that "Many Americans have been hit hard by `bill shock´ and I am pleased to introduce legislation that provides additional consumer protections".

Sen. Udall (at right) added that "The texting and Internet capabilities that make today's cell phones more useful than ever should be applied to help customers avoid bill shock. Sending an automatic text or email notification to a person's phone is a simple, cost-effective solution that should not place a burden on cell phone companies and will go a long way toward reducing the pain of bill shock by customers."

This bill was referred to the Senate Commerce Committee (SCC), of which Sen. Udall is a member.

This bill would require the FCC to write regulations that require a "provider of commercial mobile service" to "notify a subscriber when the subscriber has used 80 percent of the monthly limit or prepaid amount of voice minutes, text messages, or data megabytes agreed to in the commercial mobile service contract of the subscriber".

The bill would also require that these rules mandate that the service provider "obtain the consent of a subscriber who received" one of the above described notices "to use voice, text, or data services in excess of the monthly limit of the commercial mobile service contract of the subscriber before the provider may allow the subscriber to use such excess services".

The CTIA, which represents wireless service providers, stated in a release that "While we appreciate the spirit with which the legislation is offered, we are concerned that this bill has the potential to cause customer confusion and frustration. We know those outcomes are not Senator Udall's objective. We look forward to talking with the Senator about the many plans and tools that our carriers currently offer their customers so that those who want to monitor their usage are able to do so."

The FCC is already active in this area.

On September 23, 2010, the FCC released a tentative agenda [PDF] for its event titled "Open Meeting", scheduled for October 14, 2010. This agenda states that the FCC is scheduled to adopt a Notice of Proposed Rulemaking (NPRM) seeking comment on "rules requiring mobile carriers to provide usage alerts and related information that will assist consumers in avoiding unexpected charges on their bills".

Also, on May 11, 2010, the FCC issued a Public Notice (PN) seeking comments regarding instituting a "bill shock" regulatory regime on wireless service providers. This PN is DA 10-803 in CG Docket No.  09-158. The comment period has closed. The FCC also released a paper in May related to this subject. See also, notice in the Federal Register, May 20, 2010, Vol. 75, No. 97, at Pages 28249-28250, and stories titled "FCC Starts Bill Shock Proceeding" and "FCC Releases Paper on Consumer Understanding of Cell Phone Billing Practices" in TLJ Daily E-Mail Alert No. 2,088, May 27, 2010.

9/29. The House passed the Senate's version of HR 2701 [LOC | WW], the "Intelligence Authorization Act for Fiscal Year 2010". The Senate amended and passed HR 2701 on September 27, 2010. The bill is now ready for President Obama's signature.

This bill contains provisions related to cyber security.

Section 506 of this bill would create a "Cybersecurity Task Force" composed of representatives of the Attorney General, Director of National Intelligence, Director of the National Security Agency, White House Cybersecurity Coordinator, and other agencies and departments.

This task force would be required to "submit to Congress a report containing guidelines or legislative recommendations to improve the capabilities of the intelligence community and law enforcement agencies to protect the cybersecurity of the United States".

Section 356 of this bill imposes certain reporting requirements.

First, within 30 days of enactment, "the President shall submit to Congress a notification for each cybersecurity program in operation".

This report must include "the legal justification for the cybersecurity program", "the concept for the operation of the cybersecurity program", and "the assessment, if any, of the privacy impact of the cybersecurity program prepared by the privacy or civil liberties protection officer or comparable officer of such agency or department", among other things.

Then, the bill would require the head of each agency or department with responsibility for a cyber security program to submit to the Congress periodic reports on such cyber security programs.

Rep. Steny Hoyer (D-MD) stated in a release that "it now goes to President Obama to become law. The passage of this legislation -- the first Intelligence Authorization bill to be passed since 2004 -- is a major step to strengthen our national security. The bill continues policies that are working to help keep America safe from terrorist attack. It also strengthens oversight of our intelligence community."

9/29. The Senate passed S 2847 [LOC | WW], the "Commercial Advertisement Loudness Mitigation Act" or the "CALM Act", without debate or a roll call vote. This bill is similar, but not identical to, the related bill passed by the House last December.

This bill requires the Federal Communications Commission (FCC) to adopt a rule regulating the audio loudness of commercials of TV broadcasters, cable operators, and any other multichannel video programming distributor. Moreover, the FCC is required to incorporate by reference the standards set by the Advanced Television Systems Committee.

In this bill, the Congress delegates legislative authority to a private standards setting body.

The bill provides that the FCC shall write a rule within one year "that is limited to incorporating by reference and making mandatory (subject to any waivers the Commission may grant) the `Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television' (A/85), and any successor thereto, approved by the Advanced Television Systems Committee, only insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor." (Parentheses in original.)

Sen. Jay Rockefeller (D-WV), the Chairman of the SCC, stated in a release on September 30 that "I am pleased the Senate took action to pass the CALM Act. This common sense bill will make sure advertisers can't just blast advertisements at consumers at unbearable volume levels.”

Sen. Sheldon Whitehouse (D-RI) introduced S 2847 on December 8, 2009. The Senate Commerce Committee (SCC) amended and approved the bill on June 9, 2010. See, story titled "Senate Commerce Committee Approves CALM Act" in TLJ Daily E-Mail Alert No. 2,096, June 17, 2010.

The House passed HR 1084 [LOC | WW], also titled the CALM Act, by voice vote, on December 15, 2010. See, story titled "House Passes CALM Act" in TLJ Daily E-Mail Alert No. 2,025, December 18, 2009.

The two bills are very similar, but not identical. The House has not passed the Senate bill. The Senate has not passed the House bill.

Rep. Anna Eshoo (D-CA) introduced HR 1084 on February 13, 2009. The House Commerce Committee's (HCC) Subcommittee on Communications Technology and the Internet held a hearing on June 11, 2009, and marked up the bill on October 8, 2009. See, story titled "House Communications Subcommittee Approves Bill to Limit Loud Ads" in TLJ Daily E-Mail Alert No. 2,000, October 9, 2009. The full HCC approved the bill on November 19, 2009. See, House Report No. 111-374.

9/29. The Senate amended and passed HR 1722 [LOC | WW], the "Telework Improvements Act of 2010", without debate or a roll call vote.

The House passed its version of this bill on July 14, 2010, by a vote of 290-131. See, Roll Call No. 441. See also, story titled "House Passes Government Telework Bill" in TLJ Daily E-Mail Alert No. 2,104, July 14, 2010. The two versions of the bill are different.

Rep. John Sarbanes (D-MD), the sponsor of the bill, stated in a release that "Senate passage of the Telework Improvements Act is a victory for federal employees, efficient government and the environment ... I look forward to working with my colleagues in the House of Representatives to quickly approve the Senate's amendment to this common-sense legislation and I am confident that we can get this bill to the President's desk by year-end."

This is a limited bill that pertains only to teleworking at federal government agencies. It would do nothing to promote, or reduce barriers to, teleworking in the private sector. This bill requires federal agencies to establish a plan that authorizes employees to telework.

The House and Senate have recessed without enacting into law various other proposals, such as by creating a telework tax credit for employers and/or employees to incent greater use of teleworking. This would be accomplished by amending the Internal Revenue Code to provide a credit against income tax for expenses associated with teleworking.

See also, story titled "Congress Inactive on Private Sector Telework Bills" in TLJ Daily E-Mail Alert No. 2,104, July 14, 2010.

9/30. Department of Commerce's (DOC) International Trade Administration's (ITA) Office of Intellectual Property Rights (OIPR) published a notice in the Federal Register announcing that it requests public comments regarding protecting intellectual property rights (IPR) abroad, including those of small and medium-sized enterprises (SME).

This notice states that the goal goal of this review is "to improve efforts to support U.S. businesses facing barriers related to intellectual property rights protection and enforcement in overseas markets".

This notice propounds numerous questions. For example, its asks "In what countries or regions do businesses need the most assistance protecting their intellectual property rights?", and "Which specific types of intellectual property (copyrights, trademarks, patents, trade secrets) present the most challenges to SMEs?". (Parentheses in original.)

The notice also asks commenters to identify "specific challenges businesses, including SMEs, face in protecting their intellectual property rights abroad", and to assess "the adequacy of the intellectual property resources, tools, services and programs that the U.S. government currently provides to SMEs".

It also asks what role should the government play in protecting IPR abroad, and what government programs have been effective.

The deadline to submit comments is 5:00 PM on October 29, 2010. See, Federal Register, September 30, 2010, Vol. 75, No. 189, at Pages 60408-60409.

9/29. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Internet Policy Task Force (IPTF) published a notice in the Federal Register that seeks comments on government policies that restrict global information flows on the internet.

This notice propounds numerous questions. It first asks about types of restrictions, such as prohibitions of porn, spam, and infringement of intellectual property rights. It asks, for example, "What restrictions are there on the global free flow of information on the Internet due to government laws or regulations? What types of restrictions are most prevalent and in what markets? What impact, if any, do these restrictions have on investment and trade?"

Also, it asks how can the DOC "assist U.S. entities in gaining greater access to new markets?", and what role can the DOC "play in helping to reduce restrictions on the free flow of information over the Internet?"

The notice next asks about best practices. For example, "Are there alternatives to government-mandated restrictions on the flow of information on the Internet that can realize legitimate policy objectives?"

The notice next asks about the impact of restrictions on information flows. "What are the economic impacts of government restrictions on the free flow of information?" How have countries' restrictions affected business decisions to enter or remain in markets? How do restrictions affect the types of services made available? How do restrictions affect "the ability of businesses to innovate and to develop uniform products, services or standards"? How do local restrictions affect the development of cloud computing services?

Also, "How are traditional notions of jurisdiction, venue and choice of law evolving"?

The notice next asks about the role of internet intermediaries, such as "website hosts, blogging site hosts, social media sites and other services that allow individuals to provide and post information to be hosted online".

For example, it asks, "What is the impact of third party liability laws on businesses' abilities to operate in global markets? How do businesses approach these differing liability regimes?"

The notice next asks about the role of trade agreements. For example, "How might bilateral or multilateral trade or other agreements promote the free flow of information over the Internet?"

Finally, the notice asks about international cooperation through such bodies as the International Telecommunication Union (ITU), OECD, Council of Europe, and Asia-Pacific Economic Cooperation (APEC) forum.

Comments are due by November 15, 2010. The IPTF will then write and publish a report. See, Federal Register, September 29, 2010, Vol. 75, No. 188, at Pages 60068-60073.

9/30. The Progress & Freedom Foundation (PFF) announced in a release that "Effective Friday, October 1, PFF will cease operations."

The PFF was a Washington DC free market oriented think tank that focused on information technology and communications related issues. Across a range of IT issues it advocated reliance upon competition in the marketplace and consumer choice, rather than government regulation. It also advocated freedom of speech and protection of intellectual property rights in digital contexts.

Adam Thierer, the last President of the PFF, stated that the "PFF has had an amazing 17-year run ... It's been a great honor to be with PFF for the past five years and I'm extremely proud of everything the organization has accomplished. PFF will be remembered by its scores of scholars and the hundreds of participants in its programs over the years as a cutting-edge research institution that generated exciting ideas in communications, media and high-tech policy. We're all very proud of the PFF legacy."

The House is in recess until November 15.

The Senate is in recess until November 12, except for pro forma sessions. The Senate will hold a pro forma session at 11:30 AM.

10:00 AM - 12:00 NOON. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Role of Managed Services on Broadband Networks". The speakers will be Christopher Yoo (University of Pennsylvania School of Law), Scott Jordan (University of California, Irvine), Charles Jackson (George Washington University), Hank Hultquist (AT&T), Richard Bennett (ITIF), and Eliza Krigman (National Journal). The ITIF will webcast this event. See, registration page. Location: ITIF, Room 610A, 1101 K St., NW.

Day three of a three day event hosted by the Radio Advertising Bureau (RAB) and the National Association of Broadcasters (NAB) titled "Radio Show". At 10:30 - 11:45 AM, there will be a panel titled "Copyright Compliance: The Next Generation". See, web site. Location: Grand Hyatt Washington, 1000 H St., NW.

Day one of a three day event hosted by the Future of Music Coalition (FOMC) titled "Future of Music Coalition Policy Summit". See, notice. Location: Georgetown University, 37th and O Streets, NW.

Day two of a three day event hosted by the Future of Music Coalition (FOMC) titled "Future of Music Coalition Policy Summit". See, notice. Location: Georgetown University, 37th and O Streets, NW.

Extended deadline to file amendments with the Federal Communications Commission to pending waiver requests or renewal applications or to file requests for permanent waivers of the newspaper/broadcast cross-ownership rule. See, FCC Order adopted and released on June 29, 2010. It is DA 10-1181 in MB Docket No. 06-121, MB Docket No. 02-277, MM Docket No. 01-235, MM Docket No. 01-317, MM Docket No. 00-244, MB Docket No. 04-228, and MM Docket No. 99-360.

Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) to assist it in preparing its annual National Trade Estimate Report on Foreign Trade Barriers. The OUSTR seeks comments on, among other things, lack of intellectual property protection, trade restrictions affecting electronic commerce, and investment barriers, and technology transfer requirements. See, notice in the Federal Register, August 6, 2010, Vol. 75, No. 151, at Pages 47675-47676. See also, story titled "OUSTR Seeks Comments on Foreign Trade Barriers" in TLJ Daily E-Mail Alert No. 2,120, August 6, 2010.

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "A Guide to the Internet Political Landscape". The speakers will be Rob Atkinson (ITIF), Adam Thierer (Progress & Freedom Foundation), and Morgan Reed (Association for Competitive Technology). The ITIF will webcast this event. See, registration page. Location: ITIF, Room 610A, 1101 K St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ronald A. Katz Technologies v. American Airlines, App. Ct. No. 2009-1450, a patent case regarding interactive call processing. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Papyrus Technology Corp. v. New York Stock Exchange, App. Ct. No. 2010-1166, a patent case regarding wireless computer systems. Location: Courtroom 402, 717 Madison Place, NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Privacy & Data Security Committee will host a brown bag lunch titled "Pay It Forward -- The Smart Tween/Teen's Guide to Online Safety". The speakers will be Stephen Balkam (Family Online Safety Institute), David Pierce (NCTA), and John Heitmann (Kelley Drye & Warren). Location: USTelecom, Suite 400, 607 14th St., NW.

1:00 - 3:00 PM. The Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC) will meet. The purpose of this meeting is to discuss the Exascale Subcommittee Report. Public attendance is by teleconference only. Contact Melea Baker by October 4 at 301-903-7486 to receive a call in number. See, notice in the Federal Register, September 22, 2010, Vol. 75, No. 183, at Pages 57742-57743.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in St. Clair Intellectual Property Consultants v. Canon, App. Ct. No. 2009-1052, a patent case regarding digital camera technology. Location: Courtroom 201, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Acacia Media Technologies v. Mediacom Communications, App. Ct. No. 2010-1081. Location: Courtroom 201.

5:30 - 7:30 PM. The The Institute for Policy Innovation (IPI) will host a reception that precedes its October 6 event titled "IPI Communications Summit". Location: Room HVC-201, Capitol Building.

Day three of a three day event hosted by the Future of Music Coalition (FOMC) titled "Future of Music Coalition Policy Summit". See, notice. Location: Georgetown University, 37th and O Streets, NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [23 pages in PDF] regarding writing its next Section 706 report to the Congress. See, FCC Public Notice. The FCC adopted and released this NOI on August 6, 2010. It is FCC 10-148 in GN Docket No. 10-159.

Deadline to submit comments to the Federal Election Commission (FEC) regarding its draft Advisory Opinion 2010-19. This draft states that "Google, Inc. asks whether disclaimers are required on text ads generated when Internet users use Google's search engine to perform searches. The Commission concludes that disclaimers are not required to be appended to text ads on behalf of candidates or political committees generated through Google's AdWords program." See, FEC release.

9:00 AM - 1:00 PM. The Institute for Policy Innovation (IPI) will host an event titled "IPI Communications Summit". Lunch will be served. For more information, or to register, contact Erin Humiston at 972-874-5139 or erin at ipi dot org. Location: Reserve Officers Association Building, 5th floor, 1 Constitution Ave., NE.

10:00 AM. 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.

6 10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in ESN v. Cisco Systems, App. Ct. No. 2010-1185, a patent case regarding VOIP technology. Location: Courtroom 402, 717 Madison Place, NW.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice and Young Lawyers Committees will host a brown bag lunch titled "Engineering for Lawyers: How Understanding Basic RF Issues Can Help You Advocate Better for Your Clients". The speaker will be Mitchell Lazarus (Fletcher Heald & Hildreth). For more information, contact Mark Brennan at mark dot brennan at hoganlovells dot com or Laura Stefani at lstefani at g2w2 dot com. Location: Hogan Lovells, 555 13th St., NW.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a hearing 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). See, notice in the Federal Register, August 3, 2010, Vol. 75, No. 148, at Pages 45693-45694. Location?

Extended deadline to submit to the Department of Commerce's (DOC) Bureau of Industry and Security proposals for members of the President's Export Council Subcommittee on Export Administration (PECSEA). The BIS seeks "private-sector members with senior export control expertise and direct experience in one or more of the following industries: ... semiconductors, commercial communication satellites, high performance computers, telecommunications ..." See, notice in the Federal Register, September 9, 2010, Vol. 75, No. 174, at Page 54857.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Honeywell v. Nokia, App. Ct. No. 2010-1121. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Hitachi Koki Co. v. Kappos, App. Ct. No. 2009-1548. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Juniper Networks v. Graphon, App. Ct. No. 2010-1143. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cheetah Omni v. Samsung Electronics, App. Ct. No. 2010-1169. Location: Courtroom 201, 717 Madison Place, NW.

Deadline to submit comments to the Department of Commerce's (DOC) Bureau of Industry and Security (BIS) in response to its notice in the Federal Register requesting public comments regarding its foreign policy based export controls, including its regulation of "encryption items", "communication intercepting devices, software and technology", and "certain general purpose microprocessors". See, Federal Register, September 8, 2010, Vol. 75, No. 173, at Pages 54540-54541.

Deadline to submit comments to the Department of Homeland Security's (DHS) Homeland Security Advisory Council (HSAC) in advance of its October 14, 2010, closed meeting. The agenda for the meeting includes "Lessons Learned from the cyber exercise". See, notice in the Federal Register, September 27, 2010, Vol. 75, No. 186, at Page 59278.

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