1/4. President Obama signed HR 628 [LOC | WW], which creates a ten year pilot program regarding the assignment of Judges in patent cases in selected U.S. District Courts. See, White House news office release.

The pilot program created by this bill will operate in six different judicial districts, to be designated by the Director of the Administrative Office of the United States Courts (AOUSC).

In these six districts Judges can, in effect, avoid being assigned patent cases, while those judges, including senior status judges, who opt in to hearing patent cases, will be assigned those cases.

In these selected districts, it may enable interested Judges to focus on patent cases, enable patent litigants to have their cases heard by Judges with greater expertise, and lower reversal rates in patent cases.

Specifically, it provides as follows:

   "(A) those district judges of that district court who request to hear cases under which 1 or more issues arising under any Act of Congress relating to patents or plant variety protection are required to be decided, are designated by the chief judge of the court to hear those cases;
   (B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A);
   (C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and
   (D) a case declined under subparagraph (C) is randomly reassigned to 1 of those judges of the court designated under subparagraph (A)."

This act sets criteria to be applied by the AOUSC in selecting six districts.

See also, story titled "House Passes Bill to Create Pilot Program for Patent Cases" in TLJ Daily E-Mail Alert No. 2,183, December 19, 2010.

1/4. President Obama signed HR 5116 [LOC | WW], a huge spending authorization bill. See, White House news office release.

It is titled the "America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010", or "America COMPETES Reauthorization Act"

It authorizes the appropriation of $46 Billion over three years for National Science Foundation (NSF), National Institute of Standards and Technology (NIST), Department of Energy (DOE) and other agencies. It also authorizes giving grant money for the construction of innovation clusters and research parks.

The original COMPETES Act authorized appropriations through FY 2010. See, HR 2272 (110th Congress) [LOC | WW], the "America Competes Act of 2007", Public Law No. 110-69. The original COMPETES bill focused on science and technology. The just passed bill expands into other areas.

See also, story titled "House and Senate Pass COMPETES Reauthorization Bill" in TLJ Daily E-Mail Alert No. 2,187, December 23, 2010.

1/4. President Obama signed  HR 6533 [LOC | WW], the "Local Community Radio Act of 2010". See, White House news office release.

This Act eliminates the third adjacent channel distant separation requirements for low power FM (LPFM) radio broadcasting. It will enable more LPFM broadcasting in large markets.

Federal Communications Commission (FCC) Chairman Julius Genachowski stated in a release that this bill "is a big win for radio listeners. Low-power FM stations are small, but they make a giant contribution to local community programming. This important law eliminates the unnecessary restrictions that kept these local stations off the air in cities and towns across the country."

FCC Commissioner Michael Copps stated in a release that "In this day of way-too-much media consolidation, stifling program homogenization, and the decimation of local news, new voices are critically important to sustaining America’s civic dialogue and citizen engagement."

This Act provides that the FCC "shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to -- (1) prescribe protection for co-channels and first- and second-adjacent channels; and (2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act". See, 47 U.S.C. § 301.

It also requires that the FCC amend its rules to "eliminate third-adjacent minimum distance separation requirements between -- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations".

But, the FCC "shall not amend its rules to reduce the minimum co-channel and first- and second-adjacent channel distance separation requirements in effect on the date of enactment of this Act between -- (A) low-power FM stations; and (B) full-service FM stations".

Genachowski added that the FCC "will take swift action to open the dial to new low-power radio stations and the valuable local service they provide."

See also, stories titled "Congress Passes Low Power FM Bill", "Summary of HR 6533, the Community Radio Act of 2010", and "History of LPFM Law and Policy Making" in TLJ Daily E-Mail Alert No. 2,183, December 19, 2010.

1/4. The Federal Communications Commission (FCC) issued a release that contains a tentative agenda for its event titled "Open Meeting" scheduled for Tuesday, January 25, 2011.

First, the FCC is scheduled to adopt an Order and Further Notice of Proposed Rulemaking which the FCC release describes as "to ensure that the public safety broadband network is interoperable nationwide".

Second, there will be a self-laudatory presentation by FCC staff which the FCC release describes as "the status of the comprehensive reform efforts to improve the agency's fact-based, data-driven decision-making".

The FCC's January meeting of Commissioners usually contains little substance.

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The House will meet. Members will take the oath of office. The House will consider HRes 5, which contains rules for the House of Representatives for the 112th Congress.

The Senate will meet at 12:00 NOON.

The House will meet at 10:00 AM for legislative business. It will consider HRes __, which pertains to reducing the Congressional budget.

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 at 9:00 AM for legislative business.

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.

12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Diversity Committee will host a brown bag lunch titled "Current Issues in the FCC’s Equal Employment Opportunities Rules and Enforcement". The speakers will be Lewis Pulley (Assistant Chief of the FCC's Media Bureau's Policy Division), David Honig (Minority Media and Telecommunications Council), and Christina Burrow (Dow Lohnes). Location: National Association of Broadcasters (NAB), 1771 N 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.

The House will meet. Votes will be postponed until 6:30 PM.

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "What Intellectual Property Issues Are Top of Mind for the 112th Congress?". Breakfast will be served. This event is free and open to the public. See, notice and registration page. This event is also sponsored by the National Cable & Telecommunications Association (NCTA) and the Public Knowledge (PK). Location: Clyde's of Gallery Place, 707 7th St., NW.

9:00 AM - 1:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Spectrum Management Advisory Committee will meet. See, notice in the Federal Register, December 7, 2010, Vol. 75, No. 234, at Page 75968. Location: Room 4830, DOC, 1401 Constitution Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host a brown bag lunch titled "Foreign Ownership and Investment Issues in Broadcasting". The speakers may include Bob Ratcliffe (FCC), David Honig (Minority Media and Telecommunications Council), Frank Montero (Fletcher Heald & Hildreth), and John Logan (Dow Lohnes). Location: Wiley Rein, 1776 K St., NW.

5:00 - 7:00 PM. The Center for Democracy and Technology's (CDT) Congressional Internet Caucus Advisory Committee will host an event titled "14th Annual Tech Exhibition and Reception". See, notice. Location: Room 902, Hart Building.

The House will meet.

12:00 NOON - 1:30 PM. The DC Bar Association will host an event titled "The Patent Reform: What is the Status of Patent Reform?". The speakers will be Paul Michel (former Judge of the U.S. Court of Appeals (FedCir)), John Jarosz (Analysis Group), and Marina Zalevsky (Sughrue Mion). The price to attend ranges from $15 to $25. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

12:15 - 1:30 PM. The Federal Communications Commission (FCC) will hold an event titled "Meet the Wireless Telecommunications Bureau Front Office". The Federal Communications Bar Association (FCBA) states that this is an FCBA event. See, registration form. The deadline for registrations and cancellations is 12:00 NOON on January 10. The price to attend is $17. Lunch will be served. Location: Wiley Rein, 1776 K St., NW.

5:30 - PM. The New America Foundation (NAF) will host a lecture by Dan Gillmor titled "Mediactive: A User’s Guide to Democratized Media". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Major International Privacy Developments and the Impact on Multi National and Globally Networked Environments". CLE credits. Prices vary. The deadline for registrations and cancellations is 5:00 PM on January 10. See, registration form. Location: Bingham McCutchen, 2020 K St., NW.