112 Economists Back Incentive
Auctions |
4/6. 112 economists joined in a
letter to
President Obama advocating the use of incentive auctions for spectrum.
Some also attended an event at the White House on April 6, 2011.
An incentive auction would provide for the sharing of spectrum auction
proceeds with the licensees who voluntarily relinquish that spectrum. It would
provide a financial incentive for television broadcasters and other licensees to
relinquish some of their spectrum.
Proponents, such as Representatives and Senators who have introduced legislation
to authorize such auctions, add that incentive auctions must be truly voluntary.
Although, broadcasters remain cautious. The
National Association of Broadcasters' Dennis Wharton stated in a
release
after the event that the "NAB does not oppose incentive auctions that are truly
voluntary. We would remind our economist friends that broadcasters returned more
than a quarter of the spectrum held by TV broadcasters less than two years ago,
and that those airwaves have yet to be fully deployed."
He added that the "NAB welcomes an ongoing dialogue with policymakers on how
to resolve wireless carrier capacity challenges without threatening the fabric
of an essential American institution: free and local television."
The economists wrote in their letter that "Incentive auctions can facilitate
the repurposing of spectrum from inefficient uses to more valuable uses while
minimizing the transaction costs incurred."
They continued that "Historically, the FCC allocated spectrum for specific uses
such as television, radio, or satellite services. Spectrum rules are meant to resolve
conflicting uses, much as a city might engage in zoning to protect homeowners from noisy
or dirty industrial developments. Because of changing technologies, demand, and relative
costs, old spectrum allocations based on out-of-date assumptions have become inefficient,
wasting valuable spectrum resources. Existing laws do not give the FCC the tools it needs
to allow spectrum to be reallocated efficiently and quickly from old uses to newer, currently
more valuable uses."
"Transitioning spectrum to more valuable uses is relatively easy and almost
spontaneous when simple, single transactions can provide most of the joint benefits. But
repurposing radio spectrum can entail complex transactions involving several parties."
For example, the economists wrote, "a buyer may be reluctant to acquire
licenses piecemeal because of the risk that it might fail to aggregate a
sufficient quantity of appropriate licenses. However, a centralized auction that
incorporates package bidding helps assure the buyer that it would not be saddled
with an inefficiently small aggregation of licenses, and also allows a buyer to
compare alternative acquisition strategies more systematically."
"A centralized marketplace can also reduce the transaction costs and hold out
problems that sometimes arise when the ability to set up a service requires
negotiating rights from many different parties".
For example, "current broadcast licenses have many overlapping geographic
areas' it might be difficult to come to satisfactory agreements in a timely
manner with a sufficient number of incumbent licensees in any particular
geographic area, or enough geographic areas across the county, to establish a
viable wireless service."
FCC Chairman Julius Genachowski
gave a
speech at the same White House spectrum event in which he advocated the use
of incentive auctions.
He stated that "We need to tackle the looming spectrum crunch by dramatically increasing
the new spectrum available for mobile broadband, and the efficiency of its use. But the days
for easy reallocations are over.
He advocated "fostering greater efficiency in technology and software, spurring dynamic
spectrum sharing and secondary markets, and releasing unlicensed spectrum for the next
generation of Wi-Fi, machine-to-machine communication and other innovations."
But, he also said that "The single most important step we can take is implementing
voluntary incentive auctions. Incentive auctions are based on the same premise as the
original spectrum auctions -- unleashing market forces to reallocate this scarce
resource. But they are two-sided auctions, providing for licensees who
voluntarily supply spectrum to receive a share of the proceeds. It's an
incentive-based approach, grounded in strong free-market principles.".
The FCC released a
staff
report [376 pages in PDF] titled "A National Broadband Plan for Our Future"
on March 15, 2010, which articulated the goal of making "500 megahertz of
spectrum newly available for broadband within 10 years, of which 300 megahertz
should be made available for mobile use within five years". See, story titled
"FCC Releases National Broadband Plan" in
TLJ Daily E-Mail
Alert No. 2,058, March 15, 2010.
President Obama issued a
Memorandum on June 28, 2010, in which he asked the FCC and
National Telecommunications and Information
Administration (NTIA) to identify and make available 500 megahertz of spectrum.
On April 4, 2011, the NTIA released a
report [PDF] titled "First Interim Progress Report on the Ten-Year Plan and
Timetable" that address the status of attaining this 500 megahertz goal.
The CTIA stated in a
release on April 6 that "there are significant economic benefits that will
flow from adoption of incentive auction legislation and reallocation of spectrum
from lower value broadcast use to higher value mobile broadband use. Despite
today’s challenging economic conditions, a broadcast incentive auction for
underused or unused spectrum could generate more than $30 billion for the U.S.
Treasury."
The CTIA added that "We appreciate the leadership of the White House, the FCC
Chairman and other policymakers who are working hard to secure more spectrum for
our industry. Let’s move quickly to get this spectrum to auction so the wireless
industry can continue to lead the world in innovation."
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Legislative Proposals that Pertain to
Incentive Auctions |
4/6. The following is a list of some legislative proposals that pertain to
incentive auctions.
111th Congress
HR 5947 [LOC |
WW], the
"Voluntary Incentive Auctions Act of 2010", introduced by former Rep. Rick
Boucher (D-VA) and Rep. Cliff Stearns
(R-FL) on July 29, 2010. See,
story titled
"Rep. Boucher and Rep. Stearns Introduce Voluntary Incentive Auctions Act" in
TLJ Daily E-Mail
Alert No. 2,114, July 29, 2010.
S 3756 [LOC
| WW],
the "Public Safety Spectrum and Wireless Innovation Act", introduced by
Sen.
John Rockefeller (D-WV) on August 5, 2010. It would allocate the 10 megahertz of
spectrum, which the FCC previously failed to auction as the D block, to public
safety to support a nationwide interoperable wireless broadband network. It
would also provide the FCC authority to hold incentive auctions based on the
voluntary return of spectrum. See, story titled "Sen. Rockefeller to Introduce
Public Safety Spectrum and Wireless Innovation Act" in
TLJ Daily E-Mail
Alert No. 2,109, July 21, 2010, and "Senate Commerce Committee Holds Hearing
on Public Safety Network" in
TLJ
Daily E-Mail Alert No. 2,134, September 28, 2010. See, Section 204.
S 3610 [LOC
| WW]
the "Spectrum Measurement and Policy Reform Act", introduced by
Sen. Olympia Snowe (R-ME) and
Sen. John Kerry (D-MA) on July 19, 2010. This is a
broad bill pertaining to spectrum management and use, that also addresses incentive auctions.
See, story titled "Sen. Snowe Introduces Bill to Reform Spectrum Management" in
TLJ Daily E-Mail
Alert No. 2,109, July 21, 2010
112th Congress
HR 607 [LOC |
WW], the
"Broadband for First Responders Act of 2011", introduced by
Rep. Peter King (R-NY) on February 10, 2011.
It pertains to the D Block.
HR 911 [LOC |
WW], the
"Spectrum Inventory and Auction Act of 2011", introduced by
Rep. John Barrow (D-GA) on March 3, 2011.
This is a bill to provide for incentive auctions and a spectrum inventory.
S 28 [LOC
| WW], the
"Public Safety Spectrum and Wireless Innovation Act", introduced by
Sen. Rockefeller and others on January 25, 2011. This the 112th Congress version
of S 3756 from the 111th Congress.
S 415 [LOC
| WW], the
"Spectrum Optimization Act", introduced by
Sen. Mark Warner (D-GA) on February 17, 2011.
This is a short bill that only provides for incentive auctions.
S 455 [LOC
| WW], the
"Reforming Airwaves by Developing Incentives and Opportunistic Sharing Act" or the
"RADIOS Act'", introduced by Sen. Snowe on March 2, 2011. This is related to
S 3610 (111th Congress). Section 9 contains the language authorizing incentive auctions.
S 522 [LOC
| WW], the
"Spectrum Relocation Improvement Act of 2011", introduced by Sen. Warner on
March 9, 2011. This bill pertains to the relocation of federal spectrum.
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Verizon Pays $93 Million to Settle False
Claims Act Claims |
4/5. The Department of Justice (DOJ) announced in a
release that Verizon
Communications has paid $93,525,410.96 in settlement of qui tam claims brought under the
False Claims Act (FCA),
37 U.S.C. §§ 3721-3733, by Stephen M. Shea and 2Probe LLC that Verizon overcharged the
General Services Administration (GSA) on invoices
for voice
and data communications contracts with the federal government.
This pertains to ten year old contracts between the federal government and
MCI Communications Services Inc., which is now a Verizon subsidiary.
The DOJ
elaborated that "Verizon and MCI submitted false claims under the contracts for
the reimbursement of property taxes, common carrier recovery charges and unallowable
surcharges, charges that are not directly reimbursable under the" contracts.
The case is U.S. ex rel. Stephen M. Shea and 2Probe LLC v. Verizon Communications
Inc., U.S. District Court for the District of Columbia, D.C. No. 1:07CV00111 (GK).
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EPIC Launches Campaign Regarding FTC
Settlement with Google on Buzz |
4/6. The Federal
Trade Commission (FTC) published a
notice in the
Federal Register that announces, describes, and sets the deadline for the public
to submit comment on, its consent agreement with Google regarding Google Buzz.
On March 30, 2011, the FTC issued an
administrative
complaint [8 pages in PDF] against Google alleging that it violated FTC Act, and the
US-EU Safe Harbor Framework, in connection with the initial launch of its Buzz social
networking service.
The FTC and Google simultaneously entered into an
Agreement
Containing Consent Order [9 pages in PDF] which mandates a comprehensive privacy program
for Google, and other things. See, story titled "FTC Issues and Settles Complaint
Against Google" in TLJ Daily E-Mail Alert No. 2,213, March 31, 2011.
The consent agreement is also subject to final approval by the FTC following
a thirty day public comment period. The FTC also released a
document
[PDF] titled "Analysis of Proposed Consent Order to Aid Public Comment".
The FTC's final approval following public comment is perfunctory in most of
its proceedings. However, on April 5, the Electronic Privacy Information
Center (EPIC), launched a campaign to solicit and generate public comment on
the Google Buzz agreement, and privacy issues generally.
The EPIC's
complaint filed with the FTC against Google on February 16, 2010, and its
amended
complaint on March 2, 2010, preceded the FTC's investigation and action.
The EPIC created a web
page titled "Fix Google Privacy!" in which users can submit electronic
comments that will be forwarded to the FTC. However, the
EPIC also invites users to comment on a wide range of privacy issues, including
matters not at issue in the Buzz proceeding.
Moreover, the EPIC allows users to select pre-written privacy enhancing
recommendations for the FTC, such as "the FTC should require Google to ... Stop
behavioral profiling of Internet users".
The EPIC web page also allows users to select the following:
- "Limit data retention to the minimum time necessary
- Routinely encrypt all cloud-based services (Gmail, Docs, etc.)
- Not disclose user data to law enforcement without a warrant
- Allow users to use Google services anonymously
- Stop behavioral profiling of Internet users
- Limit Google's use of a web site's Analytics data
- Not require Google Accounts for Android phones
- Not track Android users without explicit permission
- Be transparent as to what data it collects on users
- Allow users to control the information Google collects on them
- Encrypt all Gmail to Gmail emails and chats using open standards like pgp
- Refrain from offering facial recognition services"
The deadline to submit comments to the FTC is May 2, 2011.
See, Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18762-18765.
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IRS Releases Revenue Procedures for
Communications Network Property |
4/4. The Internal Revenue Service (IRS) released
three Revenue Procedures tax treatment of communications companies' expenditures to maintain,
replace, and improve wireless and wireline network property, and recovery periods for
depreciation of certain tangible assets used by wireless companies.
See, Revenue Procedure
2011-28 [13 pages in PDF],
Revenue Procedure 2011-27
[12 pages in PDF] and
Revenue Procedure 2011-22 [11 pages in PDF].
The IRS stated in a
release
that RP 11-28 provides "two alternative safe-harbor methods for determining the
amount of network asset repair and replacement expenditures that must be
capitalized", RP 11-27 provides "similar safe harbors for `wireline´ telecom
carriers, firms with `landline´ networks", and RP 11-22 provides "a safe-harbor
method for determining the recovery period for depreciation of certain tangible
assets used by wireless telecommunications carriers".
The CTIA, which represents wireless companies, stated in a
release that
RP 11-28 "will provide a guideline to settling issues that have
caused significant confusion for both the taxpayers and the IRS. It has been a
pleasure to work with such remarkable professionals from the IRS and the
industry looks forward to working with them on future issues that are important
to ensure clarity for all parties."
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People and
Appointments |
4/4. The Senate confirmed Jimmie Reyna to be a Judge of the
U.S. Court of Appeals (FedCir) by
a vote of 86-0. See,
Roll Call No. 47. He has worked in the Washington DC office of the law firm
of Williams Mullen on international
trade matters. See, story titled "Obama Nominates Jimmie Reyna for Federal
Circuit" in TLJ
Daily E-Mail Alert No. 2,138, October 4, 2010.
4/4. The Consumer Electronics Association (CEA)
announced in a
release that Sen. Tom Coburn
(R-OK) and Rep. Anna Eshoo (D-CA)
will be honored at, and speak at, its event titled "Digital Patriots Dinner" on
May 11, 2011, in Washington DC.
4/6. President Obama nominated Sharon Gleason to be a Judge of the U.S.
District Court for the District of Alaska. See, White House news office
release and
release.
4/6. President Obama nominated Susan Hickey to be a Judge of the U.S.
District Court for the Western District of Arkansas. See, White House news office
release and
release.
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About Tech Law
Journal |
Tech Law Journal publishes a free access web site and a subscription e-mail alert.
The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for
a single recipient. There are discounts for subscribers with multiple recipients.
Free one month trial subscriptions are available. Also, free subscriptions are
available for federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However, copies of the TLJ Daily
E-Mail Alert are not published in the web site until two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
credit
card payments page.
TLJ is published by
David
Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2011 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• 112 Economists Back Incentive Auctions
• Legislative Proposals that Pertain to Incentive Auctions
• Verizon Pays $93 Million to Settle False Claims Act Claims
• EPIC Launches Campaign Regarding FTC Settlement with Google on Buzz
• IRS Releases Revenue Procedures for Communications Network Property
• People and Appointments
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Washington Tech
Calendar
New items are highlighted in
red. |
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Thursday, April 7 |
The House will meet at 10:00 AM legislative
business. The House may conclude its consideration of
HJRes 37, a
resolution disapproving the Federal Communications Commission's (FCC) rules regulating
broadband internet access service (BIAS) providers. See, Rep. Cantor's
schedule for
the week of April 4, and
schedule for
April 7.
The Senate will meet at 10:00 AM.
Day one of a two day event hosted by the
National Institute of Standards and Technology
(NIST) titled "Cloud Computing Forum & Workshop III". See,
notice in the
Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 13984-13985.
Location: NIST, 100 Bureau Drive, Gaithersburg, MD.
9:00 AM - 5:30 PM. Day two of a two day seminar
hosted by the U.S. Patent and Trademark Office
(USPTO) titled "USPTO China Road Show: Protecting Your Intellectual
Property in China and the Global Marketplace". Free. Open to the public.
The deadline to register is April 5. See,
notice and
registration page. Location: USPTO, James Madison Auditorium North, 600
Dulany Street, Concourse Level, Alexandria, VA.
9:00 AM - 12:00 NOON. Day two 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.
10:00 AM - 1:00 PM. The House
Intelligence Committee (HIC) will hold a closed hearing titled "National
Reconnaissance Program and National Geospatial Program FY 2012 Budget Overview". See,
notice. Location: Room HVC-304, Capitol Visitor Center.
10:00 AM. The House
Small Business Committee's (HSBC) Subcommittee on Healthcare and Technology will hold a
hearing on HR __, the "Creating Jobs Through Small Business Innovation Act of
2011". This bill pertains to the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (SBTT) programs. See,
notice. Location: Room 2360, Rayburn Building.
10:00 AM. The House
Appropriations Committee's (HAC)
Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on
the FY 2012 budget request for the National Institute
of Standards and Technology (NIST). The witness will be NIST Director Patrick Gallagher.
Location: Room H-309, Capitol Building.
10:00 AM. The House Ways
and Means Committee's (HWMC) Subcommittee on Trade will hold a hearing on the pending
U.S.-Korea Free Trade Agreement. See,
notice. Location: Rooom 1100, Longworth Building.
10:30 AM. The Federal Communications Commission (FCC) will hold an event
titled "open meeting". The FCC will webcast this event. The FCC will webcast this
event. See,
agenda. See also, story titled "FCC Releases Tentative Agenda for April 7
Meeting" in TLJ Daily E-Mail Alert No. 2,207, March 23, 2011. Location: FCC, Commission
Meeting Room, 445 12th St., SW.
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). The agenda also includes consideration 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.
11:15 AM. The Senate
Appropriations Committee's (SAC) Subcommittee on Commerce, Justice and Science and
Related Agencies will hold a hearing on the FY 2012 budget request for the Federal
Bureau of Investigation (FBI). The witness will be FBI Director Robert Mueller.
Location: Room 192, Dirksen Building.
12:00 NOON - 2:00 PM. The Tech
Freedom and Competitive Enterprise Institute (CEI)
will host an event titled "What Should Lawmakers Do About Rogue Websites?".
The speakers will be Juliana Gruenwald (National Journal),
Daniel Castro (Information Technology
& Innovation Foundation), Larry Downes (TF), Danny McPherson (VeriSign), Ryan Radia (CEI),
David Sohn (Center for Democracy &
Technology), and Thomas Sydnor (Association for Competitive
Technology). Register by email: nciandella at cei dot org. Lunch will be served. Free.
Open to the public. Location: National Press Club, 13th Floor, 529 14th St. NW.
2:30 PM. The
Senate Foreign Relations Committee (SFRC) will hold a hearing on the
nomination of Kurt
Tong to be U.S. Senior Official for the Asia-Pacific Economic
Cooperation (APEC) Forum. See,
notice. The SFRC will webcast this hearing. Location: Room 419, Dirksen
Building.
4:00 PM. George Mason University (GMU) will host a lecture by
Shane Greenstein
(Northwestern University business school) titled "The Mythology
of Networks and Other Lessons from the Commercial Internet". See,
notice.
Location: Room 120, Hazel Hall, GMU law school, Arlington, VA.
6:00 - 9:15 PM. The DC
Bar Association will host an event titled "Preserving Intellectual Property
Rights in Government Contracts: A Beginner’s Guide (Part 1)". The speakers will be
David Bloch (Winston & Strawn), Richard Gray (Department of Defense, Office of General
Counsel), John Lucas (Department of Energy), and James McEwen (Stein McEwen). See,
notice. The price
to attend ranges from $89 to $129. CLE credits. For more information, call
202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.
Day two 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.
Deadline to submit comments to be considered by the
Federal Trade Commission (FTC) in advance of its April
28, 2011, event titled "Public Workshop: Debt Collection 2.0: Protecting Consumers
as Technologies Change". See,
notice in the Federal
Register, March 15, 2011, Vol. 76, No. 50, at Pages 14010-14014, and story titled
"FTC Workshop to Address Use of Facebook and Other New Technologies for Debt
Collection" in TLJ Daily E-Mail Alert No. 2,204, March 15, 2011.
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Friday, April 8 |
The House will not meet. See, Rep. Cantor's
schedule for
the week of April 4.
Day two of a two day event hosted by the
National Institute of Standards and Technology
(NIST) titled "Cloud Computing Forum & Workshop III". See,
notice in the
Federal Register, March 15, 2011, Vol. 76, No. 50, at Pages 13984-13985.
Location: NIST, 100 Bureau Drive, Gaithersburg, MD.
Day three 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.
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Saturday, April 9 |
Day four 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.
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Monday, April 11 |
3:30 - 5:00 PM. The Heritage
Foundation (HF) will host an vent titled "Taiwan's Future in the Asian
Economic Order". The speakers will be Rupert Hammond-Chambers (US-Taiwan
Business Council), Rick Ruzicka (American Institute in Taiwan), Jay Eizenstat (Miller
& Chevalier), and Derek Scissors (HF). See,
notice. Free. Open
to the public. Location: HR, 214 Massachusetts Ave., NE.
6:00 - 9:15 PM. The DC
Bar Association will host an event titled "Software Development Contracts:
Practical Advice on Drafting, Managing, and Litigating".
The speaker will be David Temeles, Cornerstone Venture Law. See,
notice. The price to attend ranges from $89 to $129. CLE credits. For more information,
call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.
Day one of a three day convention hosted by the
American Cable Association (ACA).
See, convention web site. Location:
Hyatt Regency Hotel, 400 New Jersey
Ave., NW.
Deadline to submit comments to the U.S.
Patent and Trademark Office (USPTO) regarding its supplementary guidelines for the
examination of claims in patent applications for compliance with the second paragraph of
35 U.S.C. § 112, which requires that claims particularly point out and distinctly
claim the subject matter that applicant regards as his or her invention. See,
notice in the
Federal Register, February 9, 2011, Vol. 76, No. 27, at Pages 7162-7175.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) in response to its
Notice of Proposed Rulemaking (NPRM) regarding spectrum use in the Experimental
Radio Service (ERS). The FCC adopted and released this NPRM on November 30, 2010.
It is FCC 10-197 in ET Docket No. 10-236. See,
notice in the Federal
Register, February 8, 2011, Vol. 76, No. 26, at Pages 6927-6956.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to its
Further Notice of Proposed Rulemaking (NPRM) [58 pages in PDF] regarding development
of a technical interoperability framework for a nationwide public safety broadband network
in the 700 MHz band. The FCC adopted this NPRM on January 25, 2011, and released the text
on January 26, 2011. It is FCC 11-6 in PS Docket No. 06-229, WT Docket 06-150, and WP Docket
07-100. See, notice in the
Federal Register, February 24, 2011, Vol. 76, No. 37, at Pages 10295-10299.
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Tuesday, April 12 |
8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion
titled "The Costs of Global Intellectual Property Piracy: How Can They Be
Empirically Quantified?". The speakers will be Sean Flynn
(American University law school), Bruce Lehman (International Intellectual Property
Institute), Morgan Reed (Association for Competitive Technology), Stephen Siwek (Economists,
Inc.), and Loren Yager (GAO). Breakfast will be served. This is open to the public. The
price to attend is $47.12. 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.
11:45 AM - 2:00 PM. The Free
State Foundation (FSF) will host a panel discussion titled "Regulatory Reform
at the FCC: Why Not Now?" The speakers will be
Rep. Cliff Stearns (R-FL), Ed Lazarus
(FCC Chief of Staff), James Assey (NCTA), Steve Largent (CTIA), Walter McCormack (US Telecom)
and Gigi Sohn (Public Knowledge). This event is free and open tot the public. Lunch will be
served. To register, contact Kathee Baker at kbaker at freestatefoundation dot org. Location:
Congressional Meeting Room North, Capitol Visitor Center.
1:30 PM. The
House Commerce Committee's (HCC)
Subcommittee on Communications and Technology will hold a hearing titled "Using
Spectrum to Advance Public Safety, Promote Broadband, Create Jobs, and Reduce
the Deficit". The witnesses will be former Sen. Slade Gorton (R-WA),
Charles Dowd (New York Police Department), Coleman Bazelon (The Brattle
Group), Mary Dillon (P/CEO of U.S. Cellular), Robert Good (WGAL-TV), Julius
Knapp (Chief of the FCC's Office of Engineering and Technology), and Peter
Pitsch (Intel). See,
notice. Location: Room 2123, Rayburn Building.
2:30 PM. The Senate
Commerce Committee (SCC) will meet to mark up numerous bills. The
agenda includes no communications of information technology related bills.
Location: Room 253, Russell Building.
2:30 PM. The Senate Judiciary
Committee's (SJC) Subcommittee on Crime and Terrorism will hold a hearing titled
"Cyber Security: Responding to the Threat of Cyber Crime and Terrorism".
See, notice.
The SJC will webcast this hearing. Location: Room 226, Dirksen Building.
4:00 PM. The House Judiciary
Committee's (HJC) Subcommittee on the Constitution will hold a hearing on HR __,
the "Private Property Rights Protection Act". See,
notice. This bill
has not yet been introduced. There was an identically titled bill in the 111th Congress,
HR 1885 [LOC |
WW]. That bill
was a reaction to abuse of the power of eminent domain, and the Supreme Court's 2005
opinion in Kelo v.
New London, 545 U.S. 469. That bill did not expressly address state or local government
seizure of patents, copyrights or trademarks. Location: Room 2141, Rayburn Building.
Day two of a three day convention hosted by the
American Cable Association (ACA). FCC
Commissioner Mignon Clyburn
will speak at 10:30 AM. See, convention web
site. Location: Hyatt Regency Hotel,
400 New Jersey Ave., NW.
Deadline to submit comments to the
Department of Homeland Security's (DHS) Science & Technology Directorate regarding
its data collection forms for the CyberForensics Electronic Technology Clearinghouse
(CyberFETCH) program. See,
notice in the Federal Register, February 11, 2011, Vol. 76, No. 29, at Pages 7870-7871. |
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Wednesday, April 13 |
8:40 AM - 3:30 PM. The
U.S. China Economic and Security Review Commission
(USCESRC) will hold a hearing titled "China's Current and Emerging Foreign Policy
Priorities". See, notice
in the Federal Register, April 6, 2011, Vol. 76, No. 66, at Page 19188.
Location: Room 216, Hart Building, Capitol Hill.
12:00 NOON - 1:30 PM. The
Phoenix Center for for Advanced Legal &
Economic Public Policy Studies will host an event titled "Regulatory
Expenditures, Economic Growth and Jobs: An Empirical Study". The speakers will
be George Ford (Phoenix),
author of a paper with the same title, Rep. Jim
Jordan (R-OH), Phil Kerpen (Americans for
Prosperity), Jerry Ellig (Mercatus Center),
former Rep.
David McIntosh (Mayer Brown), and
Grover Norquist (Americans for Tax Reform). See,
notice. This event is
free and open to the public. Lunch will be served. Register at 202-274-0235 or
rsvp at phoenix-center dot org. Location: Room 210, Cannon Building.
1:30 PM. The
House Judiciary Committee's (HJC) Subcommittee on Courts, Commercial and
Administrative Law will hold a hearing on HR __, a yet to be introduced bill
titled the "Business Activity Tax Simplification Act of 2011". See,
notice.
Rep. Bob Goodlatte (R-VA) and former
Rep. Rick Boucher (D-VA) tried over many Congresses to pass such a bill. See,
for example, HR 1083
[LOC |
WW] in the 111th
Congress. Location: Room 2141, Rayburn Building.
2:00 PM. The
House Ways and Means Committee's
(HWMC) Subcommittee on Social Security will hold a hearing titled "Role of
Social Security Numbers in Identity Theft and Options to Guard Their Privacy".
See,
notice. Location: Room B-318, Rayburn Building.
2:00 - 3:30 PM. The Department of Justice's (DOJ)
Antitrust Division will host a presentation titled
"Ain't it "Suite?" Bundling in the PC Office Software Market".
The speaker will be Neil Gandal, co-author of a
paper [PDF] with this
title. For more information, contact Thomas Jeitschko at 202-532-4826 or atr dot eag at
usdoj dot gov. Location: Liberty Square Building, 450 5th St., NW.
3:00 PM. The
Senate Judiciary Committee (SJC)
will hold a hearing titled "Judicial and Executive Nominations". See,
notice.
The SJC will webcast this event. Location: Room 226, Dirksen Building.
6:00 - 8:00 PM. There will be a book party for the
book
[Amazon] titled "The Comeback: How Innovation Will Restore the American
Dream" by Gary Shapiro, head of the Consumer Electronics Association (CEA).
Rep. Darrell Issa (R-CA) will speak. For more
information, contact please contact Krista Strum at krista dot strum at 463 dot com or
202-463-0013 x209.
Day three of a three day convention hosted by the
American Cable Association (ACA).
Rep. Greg Walden (R-OR) will
speak at 8:00 AM. See, convention web site.
Location: Hyatt Regency Hotel, 400
New Jersey Ave., NW.
Further extended deadline to submit reply comments to the Library of Congress's
(LOC) Copyright Office (CO) in response to its
Notice of Inquiry (NOI) regarding federal coverage of sound recordings fixed before February
15, 1972. See, notice in the
Federal Register, November 3, 2010, Vol. 75, No. 212, at Pages 67777-67781. This notice states
that the deadline to submit reply comments is December 3, 2010. The LOC web site corrected the
reply comment deadline to January 19, 2011. See also,
correction notice in the
Federal Register, November 18, 2010, Vol. 75, No. 222, at Pages 70704-70705. See also,
extension notice in the
Federal Register, December 1, 2010, Vol. 75, No. 230, at Pages 74749-74750.
See also, further
extension notice in the Federal Register, February 24, 2011, Vol. 76, No.
37, at Pages 10405-10406. This proceeding
is LOC Docket No. 2010-4. See also, story titled "Library of Congress Issues NOI on
Extending Copyright Act to Pre 1972 Sound Recordings" in
TLJ Daily E-Mail Alert No.
2,150, November 8, 2010.
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its
Notice of Proposed
Rulemaking (NPRM) [152 pages in PDF] regarding disability access and S 3828
[LOC |
WW], the
"Twenty-First Century Communications and Video Accessibility Act of 2010"
(CVAA), signed into law on October 8, 2010, and S 3304
[LOC |
WW]. This
NPRM proposes to adopt rules implementing the new Section 716 of the Communications
Act. The CVAA, at S 3304, Title I, Section 104, gives the FCC sweeping direction and
authority to regulate "user equipment, network equipment, and software" to
ensure that it is "accessible to and usable by individuals with disabilities".
The FCC adopted this item on March 2, 20111, and released the text on March 3, 2011.
It is FCC 11-37 in CG Docket No. 10-213, WT Docket No. 96-198, CG Docket No. 10-145. See,
notice in the
Federal Register, March 14, 2011, Vol. 76, No. 49, at Pages 13799-13849.
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Thursday, April 14 |
12:00 NOON - 2:00 PM. The DC
Bar Association will host an event titled "Iqbal/Twombly: The Current Trends
and Implications for Federal Practice". The speakers will be
Thomas Mugavero (Whiteford Taylor
& Preston) and
Claire Prestel (Public Justice Foundation) See,
notice. The price to attend ranges from $15 to $25. For more information, call
202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.
12:00 NOON - 1:30 PM. The RTI
International will host a panel discussion titled "Patients as Partners in Care:
Engaging Patients Through Health IT". See,
notice.
For more information, contact Lisa Wolfe at 919-316-3596 or lbistreich at rti dot org.
Location: National Press Club, Ballroom, 529 14th St., NW.
1:30 - 3:30 PM. The Federal Communications
Commission's (FCC) Advisory
Committee for the 2012 World Radiocommunication Conference's (WRC-12)
IWG-4 (Regulatory Issues) will meet. Location: Rooms TW-C438 and TW-C468.
2:00 - 4:00 PM. The House
Science, Space and Technology Committee's (HSC) Subcommittee on Research and Science
Education will hold a hearing titled "Nanotechnology: Oversight of the National
Nanotechnology Initiative and Priorities for the Future". Location: Room 2318,
Rayburn Building.
6:00 - 9:15 PM. The DC
Bar Association will host an event titled "Preserving Intellectual Property
Rights in Government Contracts: A Beginner’s Guide (Part 2)". The speakers will
be David Bloch (Winston & Strawn), Richard Gray (Department of Defense, Office of
General Counsel), John Lucas (Department of Energy), and James McEwen (Stein McEwen). See,
notice. The price to attend ranges from $89 to $129. CLE credits. For more information,
call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.
Deadline to submit reply 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.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to the joint petition filed by Cellular South
Licenses, Inc. and United States Cellular Corporation requesting that the FCC reconsider
its decision amending a rule established by the Interim Cap Order to reclaim high-cost
universal service support surrendered by a competitive eligible telecommunications carrier
(ETC) when it relinquishes ETC status in a particular state. See, DA 11-507 in WC Docket
No. 05-337 and CC Docket No. 96-45, and
notice in the Federal
Register, March 30, 2011, Vol. 76, No. 61, at Pages 17652-17653.
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