12/27. The Securities and Exchange Commission (SEC) filed a civil complaint in the U.S. District Court (SDFl) against Alcatel Lucent alleging violation of the Foreign Corrupt Practices Act (FCPA), which is codified at 15 U.S.C. § 78dd-1, in connection with the payment of bribes to government officials to retain contracts to provide telecommunications services.

The SEC simultaneously announced a settlement. It stated in a release that "Alcatel agreed to pay more than $45 million to settle the SEC’s charges, and pay an additional $92 million to settle criminal charges announced today by the U.S. Department of Justice." Alcatel Lucent admitted no wrongdoing.

Alcatel Lucent is based in France. The contracts pertain to telecommunications in Costa Rica, Honduras, Malaysia, and Taiwan. The complaint asserts that venue is appropriate the state of Florida.

The payments that give rise to this action date from the time period 2001 through 2006. The complaint alleges the Alcatel Lucent exercised lax corporate control of subsidiaries that made payments to business consultants who made illegal payments to government officials.

Alcatel Lucent stated in a release that it entered into a deferred prosecution agreement with the U.S. Department of Justice (DOJ), under which it "will be criminally charged with violations of the books and records and internal controls provisions of the FCPA, but prosecution of those charges will be deferred for a three-year period."

It added that "three Alcatel-Lucent subsidiaries will each plead guilty to a criminal information charging one count of conspiracy to commit anti-bribery, books and records, and internal controls violations of the FCPA. Alcatel-Lucent also agreed to resolve related civil anti-bribery, books and records, and internal controls charges filed by the SEC."

This case is SEC v. Alcatel-Lucent, S.A., U.S. District Court for the Southern District of Florida.

12/30. The Office of the U.S. Trade Representative (OUSTR) published a notice in the Federal Register requesting comments regarding countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on IP protection. See, Federal Register, December 30, 2010, Vol. 75, No. 250, at Pages 82424-82426.

This OUSTR requests these comment to assist it in conducting its 2011 Special 301 review. See, 19 U.S.C. § 2242.

There will be a hearing on March 2, 2011 at the OUSTR. The deadline for the public to submit comments, and requests to testify at the hearing, is 5:00 PM on February 15, 2011. The deadline for foreign governments to submit comments, and requests to testify, is 5:00 PM on February 22, 2011. The OUSTR will release its 2001 report on or about April 30, 2011.

The OUSTR released its 2010 Special 301 report [54 pages in PDF] on April 30, 2010.

12/29. The Federal Communications Commission (FCC) released a paper [PDF] titled "Potential Impacts on Communications From IPv4 Exhaustion & IPv6 Transition". The author is the FCC's Robert Cannon. It concludes that "the transition to IPv6 could result in significant, but not insurmountable, problems for broadband Internet services".

Hypothetically, "If the network were to run out of addresses, no additional computers, subscribers or services could be added to the network." However, the paper states that "In the short term, to permit the network to continue to grow, engineers have developed a series of kludges. These kludges include more efficient use of the IPv4 address resource, conservation, and the sharing of IPv4 addresses through the use of Network Address Translation (NAT)."

"While these provide partial mitigation for IPv4 exhaustion, they are not a long-term solution, increase network costs, and merely postpone some of the consequences of address exhaustion without solving the underlying problem. Some of these fixes break end-to-end connectivity, impairing innovation and hampering applications, degrading network performance, and resulting in an inferior version of the Internet."

It also states that "A native IPv6 network will restore end-to-end connectivity with a vastly expanded address space, will improve network performance, and should decrease costs."

The paper notes that consumer electronics equipment, such as cameras, TVs and game consoles "may only be IPv4 enabled. If the Internet service provider migrates to IPv6, the service provider risks upsetting consumers whose equipment may no longer work properly."

Also, "IPv6 is not backwards compatible. IPv6 networks cannot directly interconnect with IPv4 networks. As both networks will co-exist for some time, this creates an issue for how devices on IPv4 and IPv6 networks are able to interact with each other."

12/30. The Federal Communications Commission (FCC) adopted and released an Order [17 pages in PDF] regarding its high cost universal service tax and subsidy program.

This Order states that "we amend our rules to reclaim high-cost universal service support surrendered by a competitive eligible telecommunications carrier (ETC) when it relinquishes ETC status in a particular state." (Footnote omitted.)

FCC Commissioner Michael Copps dissented. He explained that "I continue to support the use of competitive eligible telecommunications carrier (CETC) support surrendered by Verizon Wireless and Sprint Nextel to meet our national broadband goals. However, I am concerned that our action today does not adequately take into account what may be ongoing issues in the states where CETCs relinquish their ETC status", such as in the state of Nevada.

This order is FCC 10-205 in WC Docket No. 05-337 and CC Docket No. 96-45.

See also, the FCC's Notice of Proposed Rulemaking (NPRM) adopted on August 31, 2010, and released on September 3, 2010. That NPRM is FCC 10-155.

12/30. The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) [18 pages in PDF] that requests comments regarding whether it should amend its rules regarding the licensing and operation of Travelers' Information Stations (TIS) to expand the scope of permitted operations.

The TIS is a limited program. The FCC created the TIS in 1977 to provide for the licensing of local government entities to broadcast via low power AM radio certain noncommercial travel related information to motorists on a localized basis. This is highway advisory radio.

This NPRM asks whether the FCC should now expand the TIS program  -- to cover non-motorists, and to cover additional content, such as public health warnings, child abduction alerts, and rebroadcasts of NOAA weather information.

These proposals could transform the TIS into a more general government low power AM service, with some overlap and competition with commercial AM broadcasters. Local government entities are already eligible for low power FM licenses.

This NPRM states that "By initiating this proceeding, we grant petitions for rulemaking filed by Highway Information Systems, Inc. (HIS) and the American Associations of State Highway and Transportation Officials (AASHTO) requesting the commencement of a proceeding to amend the TIS rules. We deny the petition for declaratory ruling regarding TIS filed by the American Association of Information Radio Operators (AAIRO), but incorporate the issues raised in AAIRO's petition into this rulemaking proceeding."

The FCC adopted this item on December 29, 2010, and released the text on December 30, 2010. It is FCC 10-203 in PS Docket No. 09-19. Initial comments will be due within 30 days of publication of a notice in the Federal Register. Reply comments will be due with 45 days of such publication. As of the December 30, 2010, issue of the Federal Register, this notice had not yet been published.

12/30. The Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) released a report [58 pages in PDF] titled "Contraband Cell Phones in Prisons: Possible Wireless Technology Solutions".

The FY 2010 DOC appropriations bill required that the NTIA write this report. The NTIA released a Notice of Inquiry (NOI) on May 12, 2010. See, notice in the Federal Register, May 12, 2010, Vol. 75, No. 91, at Pages 26733-26738.

The just release report states that "prisoners are using contraband cell phones to conduct criminal activity", and addresses various ways to address this, including signal jamming, cell phone detection, and managed access.

It finds that "prison authorities are devoting increasing financial resources and personnel time to ferreting out, confiscating, and eradicating contraband cell phones in their prisons."

The report states that "All the solutions involve a wide array of issues, including: complex technical, legal and regulatory issues; installation and operational costs; and interference potential. Each approach has trade-offs and each offers advantages and disadvantages."

It states that currently, "The use of jammers by State or local prison officials is a violation of the Communications Act of 1934, and hence illegal."

47 U.S.C. § 333 provides, in full, that "No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government."

There were unsuccessful efforts in the 111th Congress to enact legislation to allow state prison officials to petition the Federal Communications Commission (FCC) for permission to jam. See, S 251 [LOC | WW], the "Safe Prisons Communications Act of 2009", and the companion bill in the House, HR 560 [LOC | WW], neither of which became law in the 111th Congress. See also, story titled "Senate Commerce Committee Approves Bill to Allow Cell Phone Jamming by State Prisons" in TLJ Daily E-Mail Alert No. 1,976, August 5, 2009.

The NTIA report states that "Jamming cell signals may be effective where legal in Federal applications, and in some settings with careful design, but its effectiveness and utility may be greatly diminished by interference with other communications, including critical police, firefighter and emergency medical communications and 9-1-1 calls."

Second, it states that "Managed access technologies hold promise as a solution. The technology requires close coordination with the FCC and wireless carriers; and the FCC has already developed the necessary regulatory requirements. Further, while the first managed access deployment in Mississippi was accomplished at no cost to the prison authority, it is uncertain whether this business model can be applied successfully in other States. Thus, implementing such systems elsewhere, especially for large-prison environments, may be costly, although comparable to other methods including cell jamming."

Third, it states that "Detection technologies and NLJDs have no regulatory or legal issues, but involve additional costs and time for searches if locating the contraband phones is a requirement for correction officials."

The report concludes that "What may be a reasonable approach for one institution may not work for another. Each prison is unique in size, shape, structure, security level, and location. As such, one technology does not fit all and a particular solution may be preferable over the other choices based upon each institution‘s requirements and setting."

The 111th Congress also enacted S 1749 [LOC | WW], the "Cell Phone Contraband Act of 2009". It is now Public Law No. 111-225. See, story titled "Sen. Feinstein Introduces Bill to Criminalize Cell Phones in Federal Prisons" in TLJ Daily E-Mail Alert No. 2,002, October 13, 2009.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking and Notice of Inquiry (NPRM & NOI) [36 pages in PDF] regarding expanding the FCC's location surveillance mandates for mobile communications and devices. The FCC adopted and released this item on September 23, 2010. It is FCC 10-177 in PS Docket No. 07-114 and WC Docket No. 05-196. See, notice in the Federal Register, November 2, 2010, Vol. 75, No. 211, at Pages 67321-67333.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-51 Rev. 1 [13 pages in PDF], titled "Guide to Using Vulnerability Naming Schemes", released on December 6, 2010.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7694 [24 pages in PDF], titled "Specification for the Asset Reporting Format 1.1", released on December 6, 2010.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7693 [32 pages in PDF], titled "Specification for Asset Identification 1.1", released on December 6, 2010.

No events listed.

The House will meet. Members will take the oath of office.

The Senate will meet at 12:00 NOON.

The House will meet.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Third Notice of Proposed Rulemaking (3rdNPRM) [43 pages in PDF] regarding technical rules for the Fixed-Satellite Service in the 37.5-42.5 GHz band. The FCC adopted this item on October 29, 2010, and released the text on November 1, 2010. It is FCC 10-186 in IB Docket No. 97-95. See, original notice in the Federal Register, November 22, 2010, Vol. 75, No. 224, at Pages 71064-71066, and correction notice in the Federal Register, December 13, 2010, Vol. 75, No. 238, at Page 77602.

The House will meet.

Supreme Court conference day (discussion of argued cases, and decision on cert petitions). Closed.

10:00 AM - 5:00 PM. The Office of Science and Technology Policy's (OSTP) President's Council of Advisors on Science and Technology (PCAST) will hold a partially closed meeting. See, notice in the Federal Register, December 13, 2010, Vol. 75, No. 238, at Pages 77679-77680. Location: Marriott Metro Center, 775 12th St., NW.

Deadline to submit applications to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) for membership on its Spectrum Management Advisory Committee. See, notice in the Federal Register, December 7, 2010, Vol. 75, No. 234, at Pages 75967-75968.

12/30. Deadline to submit nominations to the U.S. Patent and Trademark Office (USPTO) for the award of the National Medal of Technology and Innovation (NMTI). See, notice in the Federal Register, December 30, 2010, Vol. 75, No. 250, at Page 82378. deadline is March 31, 2011.

12/30. Jen Howard, the Federal Communications Commission's (FCC) Press Secretary, will go to work for the newly created Bureau of Consumer Financial Protection (BCFP) within the Federal Reserve System. Her last day at the FCC is January 14, 2011.

12/29. The Copyright Office (CO) published a notice in the Federal Register that extends the comment deadline for its notice of proposed rulemaking (NPRM) regarding notices of termination of certain grants of transfers and licenses of copyright under 17 U.S.C. § 203, from December 27, 2010, to January 24, 2011. See, original notice in the Federal Register, November 26, 2010, Vol. 75, No. 227, at Pages 72771-72773, and extension notice in the Federal Register, December 29, 2010, Vol. 75, No. 249, at Page 81952.

12/23. The Senior Supervisors Group (SSG), a collection of financial services regulators, released a report [20 pages in PDF] titled "Observations on Developments in Risk Appetite Frameworks and IT Infrastructures". It concludes that "The observations in this report indicate that most firms have made progress in developing risk appetite frameworks and have begun multiyear projects to improve IT infrastructure. These steps are clearly in the right direction, but considerably more work is needed to strengthen those practices that were revealed to be especially weak at the height of the crisis. In particular, we have observed that aggregation of risk data remains a challenge for institutions, despite its criticality to strategic planning and decision making." See also, Securities and Exchange Commission (SEC) release.

12/17. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the Cable Television Laboratories, Inc. filed a notification of a change in its membership, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, Federal Register, December 17, 2010, Vol. 75, No. 242, at Page 79025. See, also DOJ FR notice regarding the Connected Media Experience, Inc. (at Page 790241), DOJ FR notice regarding the LiMo Foundation (at Page 79025), and DOJ FR notice regarding the Wireless Industrial Technology Konsortium, Inc. (at Page 79026).

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