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Wednesday, March 30, 2011, 12:30 PM, Alert No. 2,212.
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New York State to Scrutinize Proposed AT&T Acquisition of T-Mobile USA

3/29. The Office of the Attorney General of New York (OAGNY) announced in a release that it "will undertake a thorough review of AT&T's acquisition of T-Mobile."

AT&T, Inc. and Deutsche Telekom AG announced on March 20, 2011, that they "have entered into a definitive agreement under which AT&T will acquire T-Mobile USA from Deutsche Telekom in a cash-and-stock transaction". See, story titled "AT&T to Acquire T-Mobile USA" in TLJ Daily E-Mail Alert No. 2,205.

The OAGNY stated that it "will closely scrutinize AT&T's argument that the merger has the potential to produce some benefits, such as expanding the coverage of AT&T's next generation broadband wireless network to rural areas in upstate New York that are underserved and have poor wired broadband connectivity".

It added that "The proposed merger could start a process of consolidation that would lead to two firms -- AT&T and Verizon -- controlling nearly 80% of wireless subscribers nationwide and dominating the U.S. wireless business."

This release also states that "some market conditions may differ across the state and highlighted the potential impact of the merger in areas like Rochester, Albany, Buffalo and Syracuse, where there are already fewer wireless options. He is also concerned about the impact on consumers throughout the state, where T-Mobile is a low-cost option."

Groups Comment on Competitive Impacts of Proposed AT&T T-Mobile Transaction

3/29. Gigi Sohn, the head of the Public Knowledge (PK), wrote in a short piece that her group "unequivocally opposes the proposed merger of AT&T, the 2nd largest national wireless carrier, with T-Mobile, the fourth (out of four) largest national wireless carrier.  If the $39 billion merger is approved, the combined entity would serve anywhere between 42-44% of all wireless subscribers, and together, AT&T&T and Verizon would control nearly 80% of all subscribers, with a weakened Sprint far behind." (Parentheses in original.)

Sohn continued that "T-Mobile, a feisty competitor that is known for its low prices, unlimited bandwidth and relative openness to new applications and services will be swallowed by AT&T, a company that is famous for high prices, low bandwidth caps and a history of blocking innovative applications (Skype, Sling and Google, to name just three)."  (Parentheses in original.)

She wrote that while it is "technically true" that acquisition of T-Mobile USA would "improve AT&T’s network performance", AT&T "could improve its network performance without taking out its scrappy competitor. Instead, it could take some of the $39 billion it is using to buy T-Mobile and invest it in its current network.  It can also develop significant swaths of spectrum that it owns. Finally, it can use the spectrum it does have more efficiently."

Sohn also wrote that "The merger is not necessary to increase deployment to rural areas" because "their coverage areas are overlapping. AT&T already holds licenses that could reach the entire US population, but they have not built out its service areas to do so.  Again it could simply invest some of that $39 billion to increase its coverage in rural areas - no merger is necessary."

In contrast, Randy May, head of the Free State Foundation (FSF) wrote in a short piece that "four to three" may "make a nice sound bite", but "it is in no way a substitute for the rigorous market analysis and weighing of the public benefits that will determine whether the proposed combination should be approved".

He wrote that if the transaction is approved by regulators, "there will still be three major nationwide providers -- AT&T, Verizon, and Sprint -- along with many smaller providers, such as MetroPCS, Leap Wireless, and U.S. Cellular, which serve many geographic areas. There are reportedly five or more competitors in the top 20 markets. There are other providers as well, such as TracFone, which serve niche product markets by differentiating their offerings on the basis of price or terms of service."

May, who long ago worked for the Federal Communications Commission (FCC), wrote that regulators "are even less likely than the business people or technologists to have the knowledge or expertise to succeed at making accurate predictions concerning the future of these dynamic markets. Indeed, given their dismal past track record, for example, conditioning mergers such as the AOL/Time Warner based on misplaced predictions concerning future market dominance and technological evolution, there is every reason to believe the antitrust authorities and the FCC commissioners and staff should approach the AT&T/T-Mobile merger with a healthy dose of humility concerning their own perspicacity."

He also condemned the FCC's "unseemly practice of extracting from the merger applicants, late in the review process, so-called ``voluntary´´ commitments in exchange for the agency acting on the merger." He added that "these extracted conditions often have little or nothing to do with any specific competitive issues raised by the proposed merger."

Dodd Calls for Market Access in PRC and Stronger IP Laws

3/29. Chris Dodd gave a speech in Las Vegas, Nevada, to the National Association of Theatre Owners (NATO) in which he called for stronger intellectual property laws, more meaningful enforcement, and addressing the People's Republic of China's (PRC) trade barriers.

Dodd served five terms -- thirty years -- in the U.S. Senate, concluding at the end of the 111th Congress. He began his tenure as head of the Motion Picture Association of America (MPAA) earlier this month.

He said that "the single biggest threat we face as an industry" is "movie theft", including by "camcording" inside movie theaters, and "rogue websites that profit from the illegal trafficking of counterfeit movies".

Chris DoddDodd (at left) called for "stronger laws to protect intellectual property and more meaningful enforcement of those laws".

He continued that "we are all living and working in a global economy. It is therefore crucial to the survival and growth of the film business that we expand our reach around the world. The economics of our industry depends on the success of our films in all markets, not just our own."

"When China limits the import of non-Chinese films to 20 a year, despite the fact that hundreds of U.S. films are produced each year -- including more than 100 by the MPAA member studios -- we are excluded from a market that presents huge untapped potential."

Dodd also said that "we can work together to ask Congress and others to protect intellectual property by cracking down on rogue websites that profit from the illegal trafficking of counterfeit movies".

Late in the 111th Congress, Sen. Patrick Leahy (D-VT), introduced S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act", or "COICA", a bill to allow the Department of Justice (DOJ) to seize domain names of such rogue web sites. The Senate Judiciary Committee (SJC) approved the bill. The full Senate did not.

Former Sen. Dodd was not one of the 19 cosponsors of that bill. See, list of cosponsors.

The bill has not yet been re-introduced in the 112th Congress. For a summary of that bill, see stories titled "Senators Introduce Bill to Enable DOJ to Shut Down Web Sites Dedicated to Infringement", "Bill Summary: Combating Online Infringement and Counterfeits Act", and "Commentary: Combating Online Infringement and Counterfeits Act" in TLJ Daily E-Mail Alert No. 2,132, September 21, 2010, and stories titled "Tech Groups Oppose Domain Name Seizure Bill" and "CDT Argues that Domain Name Seizure Bill Implicates Freedom of Speech" in TLJ Daily E-Mail Alert No. 2,135, September 29, 2010.

Dodd also waxed nostalgically about movie theaters and the cultural value of movies. He said that "even though so much about our industry has changed over the years, the importance of the theater setting hasn't. Our films are still made to be shown on big screens in dark theaters filled with people." He added that "there remains no better way to see a movie than in a theater".

"We are increasingly connected to the world by the power of emerging technologies, but at the same time we seem to be increasingly disconnected from each other by the same technology and stream of information and distractions." But, in movie theaters, "you will see neighborhoods coming together. You will see people turning off their phones and BlackBerrys".

He concluded that American movies provide a "common cultural vocabulary and a common understanding of ourselves".

WTO Trade Negotiators Discuss Market Access Issues

3/29. The World Trade Organization's (WTO) Trade Negotiations Committee is meeting this week in Geneva, Switzerland, to discuss the long running and stalled Doha round negotiations.

Michael Punke, Deputy U.S. Trade Representative, and U.S. Ambassador to the WTO, gave a speech on March 29 in which he discussed, among other topics, market access.

He said that the U.S. "is not giving up the effort. We are fully committed to working hard in coming weeks to find productive ways forward and we continue to be open to a full discussion with any and all Members to explore this question. One point, however, is fundamental. We are setting the terms of global trade for decades to come, so it remains essential that this negotiation produce market access outcomes in industrial goods, services, and agriculture that are in keeping with the realities of a 21st century economy."

He also said that "there has been considerable interest in the bilateral discussions between the United States and China", which have been extensive in recent weeks. He continued that "our analysis of the gaps in the negotiation, while informed to an important degree through our discussions with China, is not exclusively informed by those discussions. My colleagues here are aware that we have important market access interests with respect to other major members as well, and those gaps must also be addressed for Doha negotiations to succeed."

He said, with respect to non-agricultural market access, or NAMA, negotiations, that "We and other proponents of NAMA sectors have proposed an architecture with three broad elements: (1) a very substantial zero for zero basket; (2) other baskets with greater-than-formula cuts using a range of tools to address sensitivities; and (3) a basket that accommodates the use of normal NAMA flexibilities."

"China has taken a different approach to product baskets" said Punke. "China also proposes a zero basket -- but only developed countries would contribute to that basket. It also proposes a second basket where countries would make greater-than-formula cuts -- but with developed countries contributing more than developing countries. Developing countries would self-designate the goods covered in this and other baskets. China proposes a third basket where developing countries would take formula cuts only while developed country cuts would go to zero. Finally, China proposes a fourth basket for developing country flexibilities."

WTO Director General Pascal Lamy stated in a speech on March 29 that the "collective objective" is to "conclude the Round by the end of the year".

He said that "The absence of progress in NAMA sectorals constitutes today a major obstacle to progress on to the remaining market access issues."

Pascal Lamy"Over the coming two weeks", said Lamy (at right), "I will undertake consultations with a number of Members with a view to understanding the size of the gaps on the NAMA market access."

He also asked trade negotiators to "reflect on the consequences of failure. To reflect on the costs of the non-Round to the world economy as well as to the development prospects of Members, in particular the smaller and least-developed which are more dependent on an improved set of global trade rules. And above, it is time to think about the consequences of the non-Round to the multilateral trading system which we have so patiently built over the last 70 years."

Espinel Offers 20 IP Legislative Recommendations

3/15. Victoria Espinel, the U.S. Intellectual Property Enforcement Coordinator, offered twenty legislative recommendations to Congress regarding intellectual property law.

Ten of these recommendations pertain to penalties. Two would increase the maximum sentence for certain intellectual property crimes; five would increase the sentencing guidelines range for various intellectual property crimes; and three would provide for increased Department of Homeland Security (DHS) Customs and Border Protection (CBP) administrative penalties.

Five pertain to combating counterfeit drugs, and would not impact information technology.

Espinel also proposed that "in appropriate circumstances, infringement by streaming, or by means of other similar new technology" be made a felony.

Bob Pisano, of the Motion Picture Association of America (MPAA), stated in a release that "These legislative recommendations address the evolving marketplace and new ways that criminals are stealing, trafficking, and profiting off the creative work of the millions of men and women who work in our industry. Among the proposals is a recommendation to classify streaming, now a common method of illicitly distributing television and motion pictures, a felony under appropriate circumstances. Closing the legal gap between two methods of equally destructive illegal behavior unauthorized downloading and streaming adds more clarity to intellectual property law and, frankly, makes good common sense."

Espinel also proposed authorizing the DHS and CBP to share pre-seizure information with rights holders "to help DHS to determine whether the products are infringing or the devices are circumvention devices". She also proposed allowing DHS to share information about enforcement activities with rights holders "about, and samples of, circumvention devices with rightholders post-seizure". See, 17 U.S.C. § 1201, regarding "Circumvention of copyright protection systems".

She also proposed allowing the DHS to share information about enforcement activities with rights holders "that infringing goods have been excluded or seized pursuant to" an order of the U.S. International Trade Commission (USITC). See, 19 U.S.C. § 1337, regarding "Unfair practices in import trade".

She also proposed giving "law enforcement wiretap authority for criminal copyright and trademark offenses". Wiretaps pursuant to the criminal code may only be conducted pursuant to a court order. Moreover, these orders may only be issued when the application states that interception may provide or has provided evidence of violation of certain crimes, know as predicate offenses. See, 18 U.S.C. § 2516, regarding "Authorization for interception of wire, oral, or electronic communications". The list of predicate offenses is already huge.

Finally, Espinel proposed "creating a right of public performance for copyright owners for sound recordings transmitted by over-the-air broadcast stations".

Previous Congresses have considered, but not enacted, legislation that would accomplish this. See, for the 111th Congress, HR 848 [LOC | WW], the "Performance Rights Act", and S 379 [LOC | WW]. There was also related legislation in the 110th Congress. See, story titled "Performance Rights Act Reintroduced" in TLJ Daily E-Mail Alert No. 1,896, February 10, 2009.

Mitch Bainwol, head of the Recording Industry Association of America (RIAA), stated in a release that this proposal "would finally close a longstanding and unfair loophole in copyright law that denies compensation to artists and record labels when their music is played over terrestrial radio. The proposal to make illicit streaming a felony is also appropriate and overdue."

The National Association of Broadcasters (NAB) stated in a release that "This is hardly a new policy position from the White House. NAB remains unalterably opposed to legislation creating an onerous, jobs-killing fee on America's hometown radio stations without offsetting provisions and benefits that recognize the unparalleled promotional value of radio airplay. NAB offered a legislative package to resolve this issue last year, which was summarily rejected by the musicFirst Coaltion. Our offer still stands."

Espinel's list of proposals does not include a proposal similar to S 3804 [LOC | WW], the "Combating Online Infringement and Counterfeits Act", or "COICA", in the 111th Congress.

Rep. Howard Berman (D-CA) stated release that "Los Angeles workers and businesses are known for their innovation and creativity, yet suffer disproportionately when their copyrighted works -- movies, music, and video games -- are stolen and illegally distributed. In my continued effort to stem this theft and protect local jobs and investments, I look forward to closely reviewing these recommendations and working with my colleagues to pass reasonable solutions to this growing challenge."

Sandra Aistars, head of the Copyright Alliance, stated in a release that “The Copyright Alliance applauds Intellectual Property Enforcement Coordinator Victoria Espinel for her attention to the vexing problem of IP infringement, particularly in the online environment."

Robert Holleyman, head of the Business Software Alliance (BSA), stated in a release that "By taking a strong leadership role, the Obama administration is raising the bar on intellectual property enforcement ... The recommendations released today are important because they demonstrate a determination to bolster intellectual property protections for software and other industries affected by widespread piracy and counterfeiting. I urge Congress to act on the administration’s recommendations".

Michael Gallagher, head of the Entertainment Software Association (ESA), stated in a release that "Congress should give serious consideration to these recommendations -- many of which come from those on the front-lines of the government’s enforcement efforts".

People and Appointments

3/30. Former Rep. Bart Gordon (D-TN) joined the Washington DC office of the law firm of K&L Gates. He is a former member of the House Commerce Committee (HCC) and former Chairman of the House Science Committee (HSC). He was the sponsor of numerous bills, including HR 3403 [LOC | WW], the "New and Emerging Technologies 911 Improvement Act of 2008' or the `NET 911 Improvement Act of 2008", which the 110th Congress enacted, and HR 5116 [LOC | WW], the "America COMPETES Reauthorization Act", which the 111th Congress enacted.

3/29. President Obama announced his intent to appoint Gary Hirshberg to be a member of the Office of the U.S. Trade Representative's (OUSTR) Advisory Committee for Trade Policy and Negotiations. See, White House news office release.

3/29. President Obama announced his intent to appoint Nisha Biswal to the Congressional-Executive Commission on the People's Republic of China. See, White House news office release.

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In This Issue
This issue contains the following items:
 • New York State to Scrutinize Proposed AT&T Acquisition of T-Mobile USA
 • Groups Comment on Competitive Impacts of Proposed AT&T T-Mobile Transaction
 • Dodd Calls for Market Access in PRC and Stronger IP Laws
 • WTO Trade Negotiators Discuss Market Access Issues
 • Espinel Offers 20 IP Legislative Recommendations
 • People and Appointments
Correction
The story titled "Computer Scientist Advocates More Technical Competency at FCC" in TLJ Daily E-Mail Alert No. 2,210, March 28, 2011, incorrectly stated that "The last non-lawyer to be an FCC Commissioner was Harold Furchtgott-Roth". Both Michael Copps and Mignon Clyburn were appointed after Furchtgott-Roth, and are not lawyers. Copps has a Ph.D. in history.
Washington Tech Calendar
New items are highlighted in red.
Wednesday, March 30

The House will meet at 10:00 AM for morning hour, and at 2:00 PM for legislative business. It will consider HR 872 [LOC | WW], the "Reducing Regulatory Burdens Act of 2011". See Rep. Cantor's schedule for week of March 28.

The Senate will meet at 9:30 AM. It will resume consideration of S 493 [LOC | WW], the "SBIR/STTR Reauthorization Act of 2011".

8:45 AM - 2:30 PM. The U.S. China Economic and Security Review Commission (USCESRC) will hold a meeting titled "Chinese State-Owned Enterprises and U.S.-China Bilateral Investment". See, notice in the Federal Register, March 25, 2011, Vol. 76, No. 58, at Pages 16856-16857. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Federal Bureau of Investigation". The witness will be Robert Mueller (FBI Director). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security will hold a hearing titled "The Permanent Provisions of the PATRIOT Act". The witnesses will be Todd Hinnen (acting Assistant Attorney General in charge of the DOJ's National Security Division), Kenneth Wainstein (O'Melveny & Myers), and Mike German (ACLU). See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The House Homeland Security Committee (HHSC) will hold a hearing titled "Public Safety Communications: Are the Needs of Our First Responders Being Met?". The witnesses will be William Carrow, President (Association of Public-Safety Communications Officials International), Jack Parow (International Association of Fire Chiefs), and Paul Fitzgerald (National Sheriffs' Association). See, notice. Location: Room 311, Cannon Building.

12:00 NOON - 1:30 PM. The American Bar Association (ABA) will host a web cast panel discussion titled "Data Breach Response: Real-World Examples of Why the Best Defense Is a Good Offense". The price ranges from $95-$115. CLE credits. See, notice.

12:30 - 2:00 PM. The DC Bar Association will host a lunch. The speaker will be Austin Schlick, General Counsel of the Federal Communications Commission (FCC). This event is closed to reporters. See, notice. The price to attend ranges from free to $209. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 14009-14010. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing on HR __, the "America Invents Act", the yet to be introduced House version of S 23 [LOC | WW], which the Senate passed on March 8, 2011. See, story titled "Senate Passes Patent Bill" in TLJ Daily E-Mail Alert No. 2,202, March 10, 2011. The witnesses will be David Kappos (head of the USPTO), Steve Bartlett (Financial Services Roundtable), Steven Miller (Procter & Gamble Company), Mark Chandler (Cisco Systems), and John Vaughn (Association of American Universities). See, notice. Location: Room 2141, Rayburn Building.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the Federal Communications Commission (FCC) FY 2012 budget request. The witness will be Julius Genachowski, FCC Chairman. See, HAC schedule for week of March 28. Location: Room 2359, Rayburn Building.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing on the Department of Homeland Security (DHS) science and technology FY 2012 budget request. The witness will be Tara O’Toole, Under Secretary for Science & Technology Science & Technology. See, HAC schedule for week of March 28. Location: Room 2362-A, Rayburn Building.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Oversight and Investigations will hold a hearing titled "Is America’s Foreign Broadcasting Consistent with Our Nation’s Interests and Our Commitment to Freedom?". See, notice. Location: Room 2172, Rayburn Building.

2:00 PM. The USTelecom will host a webcast panel discussion titled "FCC Insight on USF and Intercarrier Compensation Reform". The speakers will be Rebekah Goodheart (FCC), Carol Mattey (FCC), and Jon Banks (USTelecom). See also, FCC NPRM [289 pages in PDF] adopted on February 8, 2011. It is FCC 11-13 in WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No. 07-135, WC Docket No. 05-337, CC Docket No. 01-92, CC Docket No. 96-45, and WC Docket No. 03-109. Free. See, notice.

TIME CHANGE. 2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The witness will include Donald Verrilli (nominated to be DOJ Solicitor General) and Virginia Seitz (nominated to be Assistant Attorney General in charge of the DOJ's Office of Legal Counsel). See, story titled "Obama Picks Seitz for OLC" in TLJ Daily E-Mail Alert No. 2,194, January 6, 2010. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Spectrum Valuation Issues in the Context of The FCC’s National Broadband Plan". The speakers will include Rebecca Hanson (FCC's Media Bureau). The price to attend ranges from $25 to $150. CLE credits. See, notice. Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

Day one of a three day conference of the American Bar Association's (ABA) Section of Antitrust Law. See, conference web site. Prices vary. CLE credits. Location: JW Marriott Hotel.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [71 pages in PDF] regarding changes to the Form 477 data program. The FCC adopted and released this NPRM on February 8, 2011. It is FCC 11-14 in WC Docket Nos. 07-38, 09-190, 10-132, 11-10. See, notice in the Federal Register, February 28, 2011, Vol. 76, No. 39, at Pages 10827-10852.

Thursday, March 31

The House will meet at 10:00 AM for morning hour, and at 2:00 PM for legislative business. It will consider several non-technology related items. See Rep. Cantor's schedule for week of March 28.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Goodwin Liu (to be a Judge of the U.S. Court of Appeals for the 9th Circuit) and John McConnell (to be a Judge of the U.S. District Court for the District of Rhode Island). Both face substantial opposition. The agenda also includes consideration Kevin Sharp (USDC/MDTenn), Roy Dalton (USDC/MDFl), Claire Cecchi (USDC/DNJ), Esther Salas (USDC/DNJ), Paul Oetken (USDC/SDNY), and Paul Engelmayer (USDC/SDNY). The agenda also includes consideration of S 410 [LOC | WW], the "Sunshine in the Courtroom Act". The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the Office of Science and Technology Policy (OSTP) FY 2012 budget request. The witness will be John Holdren, OSTP Director. See, HAC schedule for week of March 28. Location: Room H-309, Capitol Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a closed hearing on the Department of Homeland Security (DHS) cyber security and infrastructure protection FY 2012 budget request. The witnesses will be Rand Beers (Under Secretary of the National Protection & Programs Directorate) and Phil Reitinger (Deputy Under Secretary of National Protection & Programs Directorate). See, HAC schedule for week of March 28. Location: Room H-405, Capitol Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on on Immigration Policy and Enforcement will hold a hearing titled "H-1B Visas: Designing a Program to Meet the Needs of the U.S. Economy and U.S. Workers". The witnesses will be Donald Neufeld (U.S. Citizenship and Immigration Services), Bo Cooper (Berry Appleman & Leiden), Ron Hira (Rochester Institute of Technology), and Bruce Morrison (Morrison Public Affairs Group). See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "APEC 2011: Breaking Down Barriers, Creating Economic Growth". See, notice. Location: Room 215, Dirksen Building.

1:00 PM. The USTelecom will host a webcast panel discussion titled "Optical Network Edge". The speaker will be Kevin Morgan (Adtran). Free. See, notice.

2:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "Asia Overview: Protecting American Interests in China and Asia". See, notice. Location: Room 2200, Rayburn Building.

2:30 PM. The Senate Appropriations Committee (SAC) will hold a hearing on the FY 2012 budget request for the Library of Congress. See, notice. Location: Room 138, Dirksen Building.

Day two of a three day conference of the American Bar Association's (ABA) Section of Antitrust Law. See, conference web site. Prices vary. CLE credits. Location: JW Marriott Hotel.

Target date for the Office of the U.S. Trade Representative (OUSTR) to conclude its review of the operation, effectiveness, and implementation of and compliance with various telecommunications agreements, including the World Trade Organization (WTO) General Agreement on Trade in Services. See, notice in the Federal Register, November 18, 2010, Vol. 75, No. 222, at Pages 70770-70771.

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 to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-131 C [12 pages in PDF] titled "Transitions: Validating the Transition from FIPS 186-2 to FIPS 186-3".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-131 B [11 pages in PDF] titled "Transitions: Validation of Transitioning Cryptographic Algorithm and Key Lengths".

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in response to its Notice of Inquiry (NOI) regarding Internet Assigned Numbers Authority (IANA) functions. See, notice in the Federal Register, February 25, 2011, Vol. 76, No. 38, at Pages 10569-10571.

Deadline to submit comments to the Copyright Royalty Judges regarding the motion filed by the Broadcast Music, Inc. (BMI), American Society of Composers, Authors and Publishers (ASCAP), SESAC, and Harry Fox Agency (HFA) for partial distribution of the digital audio recording technology (DART) musical works funds for 2005 through 2008. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11287-11288.

Friday, April 1

The House may meet at 9:00 AM for legislative business. See Rep. Cantor's schedule for week of March 28.

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

9:00 - 11:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "FY 2012 Budget Overview". Location: Room HVC-304, House Visitor Center.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "Competition and Consolidation in Financial Markets". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing on HR __, a yet to be introduced bill regarding broadband spending under HR 1 (111th Congress) for the National Telecommunications and Information Administration (NTIA) and Rural Utilities Service (RUS). See, notice. Location: Room 2322, Rayburn Building.

2:00 - 4:00 PM. The National Science Foundation's (NSF) Advisory Committee for Cyberinfrastructure will meet, on site and by teleconference. See, notice in the Federal Register, March 16, 2011, Vol. 76, No. 51, at Page 14436. Location: NSF, 4201 Wilson Blvd., Room 1160, Arlington, VA.

Day three of a three day conference of the American Bar Association's (ABA) Section of Antitrust Law. See, conference web site. Prices vary. CLE credits. Location: JW Marriott Hotel.

Deadline to submit comments to the Department of Commerce (DOC) in response to its Notice and Request for Information regarding the USA's "innovative capacity and international competitiveness". See, original notice in the Federal Register, February 4, 2011, Vol. 76, No. 24, at Pages 6395-6397, and correction notice in the Federal Register, February 17, 2011, Vol. 76, No. 33, at Pages 9320.

Monday, April 4

12:00 NOON - 1:30 PM. The DC Bar Association will host an event titled "Demystifying Social Media -- What Every Lawyer Should Know". The speakers will be Tasha Coleman, Tom Foster, Laura Possessky, Michelle Thomas. See, notice. Free. For more information, contact Daniel Mills at 202-626-1312. Location: DC Bar Conference Center, 1101 K St., NW.

12:30 - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "Internet Ecosystem". The speakers will include Jack Nadler (Squire Sanders), Michael Kende (Analysys Mason USA), Paul Kouroupas (Global Crossing), Eric Loeb (AT&T), and Dennis Weller (Navigant Economics). For more information, contact Jennifer Ullman at jennifer at thejgroupplanning dot com. Location: Squire Sanders, Suite 500, 1201 Pennsylvania Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding extending to June 30, 2012, the current freeze of jurisdictional separations category relationships and cost allocation factors. This NPRM is FCC 11-34 in CC Docket No. 80-286. The FCC adopted and released it on March 1, 2011. See, Federal Register, March 14, 2011, Vol. 76, No. 49, at Pages 13576-13579.

Tuesday, April 5

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Closing the Digital Divide: Connecting Native Nations and Communities to the 21st Century". See, notice. Location: Room 253, Russell Building.

Wednesday, April 6

8:30 AM - 4:30 PM. Day one of a two day meeting of the National Archives and Records Administration (NARA) Advisory Committee on the Electronic Records Archives (ACERA). See, notice in the Federal Register, March 21, 2011, Vol. 76, No. 54, at Page 15349. Location: 700 Pennsylvania Ave., NW.

9:30 AM. The Federal Communications Commission (FCC) will hold an event titled "workshop" regarding its February 8, 2011, NPRM regarding its intercarrier compensation system and universal service fund. See also, NPRM [289 pages in PDF] adopted on February 8, 2011, and released on February 9, 2011. It is FCC 11-13 in WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No. 07-135, WC Docket No. 05-337, CC Docket No. 01-92, CC Docket No. 96-45, and WC Docket No. 03-109. See, notice. Location: FCC, Commission Meeting Room.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Electronic Communications Privacy Act: Government Perspectives on Protecting Privacy in the Digital Age". The witnesses will be Cameron Kerry (General Counsel, Department of Commerce) and James Baker (Associate Deputy Attorney General). The SJC will webcast this hearing. See, notice. Location: Room 226, Dirksen Building.

1:00 - 4:30 PM. The American Enterprise Institute (AEI) will host a half day conference titled "Rare Earth Crisis?". See, notice. This event is free and open to the public. Location: AEI, 12th floor, 1150 17th St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Congressional Reception". See, notice and registration form [PDF]. Prices vary. The FCBA excludes reporters from some of its events. Location: Hyatt Regency Capitol Hill, 400 New Jersey Ave., NW.

Day one of a four day conference hosted by the the American Bar Association (ABA) titled "26th Annual Intellectual Property Law Conference". See, notice. Location: Crystal Gateway Marriott, Arlington, VA.