4/27. The Supreme Court issued its 5-4 opinion [39 pages in PDF] in AT&T Mobility v. Concepcion holding that a contract between a wireless phone company and its consumers that provides for mandatory arbitration of consumer complaints, and waiver of class actions, is enforceable under Section 2 of the Federal Arbitration Act, notwithstanding the state of California's attempt to render such contracts unenforceable as unconscionable.

Many wireless service providers, broadband internet access service (BIAS) providers, web site operators, and other information and communications technology sector companies, include arbitration clauses in a wide range of contracts with consumers and employees. More companies likely would have used such clauses, but for legal uncertainty regarding enforceability. This opinion brings further certainty.

The Supreme Court reversed the judgment of the U.S. Court of Appeals (9thCir) and remanded. See, October 27, 2009, opinion [15 pages in PDF] of the 9th Circuit, which was titled Jennifer Laster, et al. v. AT&T Mobility. That opinion was also reported at 584 F. 3d 849.

This opinion is a victory for wireless service providers, BIAS providers, and other businesses that sell products or services to consumers that include arbitration clauses in contracts. This opinion is a defeat for the plaintiffs class action bar.

There exist wide differences of opinions as to whether consumers will be harmed or helped by this opinion.

Proceedings Below. Nominally, the lead plaintiff is Vincent Concepcion. Concepcion and Laster were customers of Cingular Wireless, which was subsequently acquired by AT&T Mobility. They were parties to a contract that included an arbitration clause, which required any disputes to be submitted to arbitration, and a class action waiver clause.

The gist of their grievance is that when they became a customers, they were promised free phones, which they received, but for which they were charged a sales tax. They filed complaints in the U.S. District Court, alleging breach of contract, with jurisdiction based upon diversity of citizenship, and seeking class action status.

AT&T filed a motion to compel arbitration, which the District Court denied. The District Court held that the class waiver provision of the arbitration agreement is unconscionable under California law and that the California unconscionability law is not preempted by the Federal Arbitration Act (FAA).

AT&T appealed to the 9th Circuit, which affirmed. AT&T petitioned for writ of certiorari.

Statute. The Federal Arbitration Act (FAA) is codified at Title 9, Chapter 1, §§ 1-16. The key section at issue in this case is codified at 9 U.S.C. § 2.

Section 2 provides in full that "A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract."

That is, it provides that contract clauses that provide for arbitration of disputes are valid and enforceable, except "upon such grounds as exist at law or in equity for the revocation of any contract".

This section makes no reference to class action arbitration. The FAA was enacted in 1925, before the development of class action procedure.

Supreme Court. The Supreme Court granted certiorari on May 24, 2010. It heard oral argument on November 9, 2010. See, Supreme Court docket.

The Court opinion states that "The final phrase of §2, however, permits arbitration agreements to be declared unenforceable ``upon such grounds as exist at law or in equity for the revocation of any contract.´´ This saving clause permits agreements to arbitrate to be invalidated by ``generally applicable contract defenses, such as fraud, duress, or unconscionability,´´ but not by defenses that apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue."

It continues that "The question in this case is whether §2 preempts California's rule classifying most collective-arbitration waivers in consumer contracts as unconscionable. We refer to this rule as the Discover Bank rule."

See, the California Supreme Court opinion in Discover Bank v. Superior Court, 113 P.3d 1100 (Cal. 2005).

"When state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA." But, the Court opinion continues, "the inquiry becomes more complex when a doctrine normally thought to be generally applicable, such as duress or, as relevant here, unconscionability, is alleged to have been applied in a fashion that disfavors arbitration."

"Although §2’s saving clause preserves generally applicable contract defenses, nothing in it suggests an intent to preserve state-law rules that stand as an obstacle to the accomplishment of the FAA's objectives."

The opinion concludes that "Requiring the availability of classwide arbitration interferes with fundamental attributes of arbitration and thus creates a scheme inconsistent with the FAA."

Also, "California's Discover Bank rule similarly interferes with arbitration. Although the rule does not require classwide arbitration, it allows any party to a consumer contract to demand it ex post."

5-4 Split. It should be noted that the Justices of the Supreme Court divided 5-4 into traditional ideological groups. Conservatives formed the majority. Liberals dissented.

Justice Antonin Scalia wrote the opinion of the Court, in which Justices Roberts, Alito, Kennedy, and Thomas joined. Justice Stephen Breyer wrote a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.

Similarly, the Supreme Court's 2001 opinion in Circuit City Stores, Inc. v. Adams, 532 U.S. 105, was also a 5-4 split. In that case the Supreme Court held that an arbitration clause in an employment application is enforceable when that employee subsequently brings an employment discrimination action against the employer.

Moreover, Justice Thomas, who joined with the majority in both cases, wrote a concurring opinion in the present case in which he stated that he only reluctantly joined with the majority.

Justices Breyer and Ginsburg dissented in 2001, and continued to dissent in the just decided case. It may be the case that the doctrine of stare decisis is of little importance to the dissenters on the subject of arbitration clauses in consumer and employee contracts. If so, one new appointment to the Supreme Court could undo the holdings in Circuit City Stores v. Adams and AT&T Mobility v. Concepcion, and the lower court opinions that build upon them. 

Congressional Bills. Enforceable arbitration clauses in consumer contracts have attracted the attention of members of Congress. Bills have been introduced, and hearings have been held. However, no recent bills have become law, and the Republicans' return to majority status in the House of Representatives following the November 2010 elections greatly diminishes the likelihood that the House would adopt any bill to limit the enforceability of arbitration clauses in consumer or employment contracts.

For example, HR 3010 [LOC | WW], the "Arbitration Fairness Act of 2007", in the 110th Congress, had 104 mostly Democratic sponsors, including Rep. John Conyers (D-MI), the then Chairman of the House Judiciary Committee (HJC). The companion bill in the Senate, S 1782 [LOC | WW], had eight sponsors -- all Democrats.

These bills would have provided that "No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of (1) an employment, consumer, or franchise dispute; or (2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power".

See also, story titled "House Judiciary Committee to Hold Hearing on Arbitration Fairness Act" in TLJ Daily E-Mail Alert No. 1,658, October 19, 2007.

For the 111th Congress, see HR 1020 [LOC | WW] and S 931 [LOC | WW], both titled the "Arbitration Fairness Act of 2009".

These bills have not yet been introduced in the 112th Congress.

However, Rep. Hank Johnson (D-GA), the lead sponsor of HR 3010 (109th Congress) and HR 1020 (110th Congress), along with Sen. Al Franken (D-MN) and Sen. Richard Blumenthal (D-CT), stated in a joint release that they plan to introduce the Arbitration Fairness Act next week as a result of the Supreme Court's opinion.

Rep. Johnson (at left) stated that "Forced arbitration agreements undermine our indelible Constitutional right to trial by jury, benefiting powerful businesses at the expense of American consumers and workers".

He continued that "Americans with few choices in the marketplace may unknowingly cede their rights when they enter contracts to buy a home or a cell phone, place a loved one in a nursing home, or start a new job. We must fight to defend our rights and re-empower consumers."

Sen. Franken stated in this release that "This ruling is another example of the Supreme Court favoring corporations over consumers".

Kepas v. eBay. It should also be noted that on April 25, 2011, the Supreme Court issued an Orders List [9 pages in PDF] that discloses that the Supreme Court denied certiorari in Kepas v. eBay.

This lets stand the November 2, 2010, divided opinion [25 pages in PDF] of the U.S. Court of Appeals (10thCir), which affirmed the judgment of the U.S. District Court (DUtah), which enforced an arbitration agreement in an employment contract. Kepas had sought unsuccessfully to litigate an employment discrimination claim in the District Court.

That case is Emmanuel Kepas v. eBay, Inc., Sup. Ct. No. 10-1085, a petition for writ of certiorari to the U.S. Court of Appeals for the 10th Circuit, App. Ct. No. 09-4200.

The present case is AT&T Mobility v. Vincent Conception, Supreme Court of the U.S., Sup. Ct. No. 09-893, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit. App. Ct. No. 08-56394.

4/28 The Department of Commerce's (DOC) Bureau of Economic Analysis (BEA) released its gross domestic product (GDP) advance estimate [14 pages in PDF] for the first quarter (QI) of 2011.

The BEA stated that GDP "increased at an annual rate of 1.8 percent in the first quarter of 2011 (that is, from the fourth quarter to the first quarter) ... In the fourth quarter, real GDP increased 3.1 percent." (Parentheses in original.) That is, US economic growth has slowed.

The breakdown data shows that within the category of "gross private domestic investment" or GPDI, investment in nonresidential structures declined dramatically.

Also within GPDI, investment in "information processing equipment and software" grew slightly in the first quarter, after a larger increase in the fourth quarter of 2010 -- from $595.5 Billion (in current dollars at a seasonally adjusted annual rate) in QIII, to $614.0 Billion in QIV, to $616.2 Billion in QI. (See, Table 3, attached to advance estimate.)

4/26. The Institute for Policy Innovation (IPI) released a paper titled "Commercialization and Benefit Sharing from Traditional Knowledge: Case Studies from the United States". The author is Solveig Singleton. The U.S. Patent and Trademark Office (USPTO) provided grant funding.

This is a paper about intellectual property in the context of "traditional knowledge", which the paper states is "an existing body of knowledge known to a group of people long identified by their ethnic, linguistic, or geographic traits rather than by their affiliation with a formal research institution such as a firm or a university".

This paper includes a series of case studies of the commercialization of traditional knowledge derived from the US, such as the Br'er Rabbit and Pocahontas stories, and food and medicinal plants.

It concludes that these case studies of the commercialization of folklore, music, foods, medicines, and other products in the US show that markets supported by conventional intellectual property, including copyright, patent and trade secret, "have  played a key role in gaining recognition and respect for holders of traditional knowledge".

This paper continues that "Holders of traditional knowledge have often been able to avail themselves of the protection of IP. Furthermore, consumers have enjoyed tremendous benefits from the development of products that incorporate traditional knowledge. Revenue streams protected by IP rights entice new competitors to enter the field".

Although, "revenues will tend to flow to those involved in the late stages of commercialization, in actually putting a real product on the shelves".

This paper advocates reliance upon traditional intellectual property. It argues that "Legislating greater respect would require legal rules that target certain content, and is likely to cause as many or more problems than it solves."

This paper also argues that "it would often be harmful to impose a top-down general principle as to who and how holders of traditional knowledge should be compensated for their contributions".

4/26. The World Intellectual Property Organization (WIPO) has designated April 26, 2011, World Intellectual Property Day. Proponents of intellectual property protection used the occasion present and release papers, give speeches, and issue statements.

Gary Locke, Secretary of Commerce, stated in a release for the occasion that "In today's competitive global economic climate, protecting and encouraging American innovation has never been more important. A strong intellectual property system enables successful inventors to secure access to capital and hire employees -- creating new jobs, new industries and new economic opportunities for Americans."

Chris Dodd, head of the Motion Picture Association of America (MPAA), stated in a release that "Respect for intellectual property is essential to the success of nations that aspire to greater development as well as key to maintaining the economies of developed nations. World Intellectual Property Day is a time to reflect on the economic as well as cultural contributions intellectual creativity has produced and renew our commitment to value intellectual creation as we do physical creation."

Eric Smith, head of the International Intellectual Property Alliance (IIPA), stated in a release that "regrettably, copyright piracy, in both the physical and digital world, continues to threaten the livelihood of creators, authors, performers and the vast infrastructure of companies -- large and small, American and international -- that support them."

The Institute for Policy Innovation (IPI) hosted a half day event in Washington DC. See, agenda. Solveig Singleton presented a paper [45 pages in PDF] titled "Commercialization and Benefit Sharing from Traditional Knowledge: Case Studies from the United States". See, related story in this issue titled "USPTO Funded Paper Advocates Conventional IP Protection for Commercialization of Traditional Knowledge". Chris Israel presented a paper [23 pages in PDF] titled "Development & Deployment of Clean Technology Through IP Protections".

4/28. Tammy Sun was named Communications Director of the Federal Communications Commission (FCC) and head of the FCC's Office of Media Relations (OMR). In addition, Neil Grace was named Press Secretary to FCC Chairman Julius Genachowski. See, FCC release. Sun previously worked in media relations positions for the William J. Clinton Foundation, the Democratic Leadership Council (DLC), and the 2006 re-election campaign of Sen. Joe Lieberman (D-CT). Grace previously worked in media relations for Burson Marsteller. Sun replaces David Fiske, who remains at the FCC/OMR. Grace replaces Jen Howard who left the FCC in January to work for the recently created Consumer Financial Protection Bureau (CFPB), and her interim replacement, Rob Kenny, who just left the FCC to work for Mercury Public Affairs. The primary function of the FCC/OMR is to limit reporters' access to information regarding, and public understanding of, the activities and operations of the FCC.

4/27. President Obama announced his intent to nominate Thomas Wheeler to be a member of the Executive Office of the President's (EOP) President's Intelligence Advisory Board (PIAB). Wheeler is Managing Director at Core Capital Partners. He was President of the National Cable Television Association from 1979 to 1984 and then the long time CEO of the Cellular Telecommunications & Internet Association. See, White House news office release.

4/27. President announced his intent to nominate Robert Langer to be a member of the President’s Committee on the National Medal of Science. He is a professor at the Massachusetts Institute of Technology (MIT). See, White House news office release.

The House will be in recess the week of Monday, April 18 through Friday, April 22, and the week of Monday, April 25 through Friday, April 29. The House will return at 2:00 PM on Monday, May 2.

The Senate will be in recess the week of Monday, April 18 through Friday, April 22, and the week of Monday, April 25 through Friday, April 29. The Senate will return at 2:00 PM on Monday, May 2.

8:30 AM - 5:30 PM. The Federal Trade Commission (FTC) will host an 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.

8:30 AM - 4:00 PM. Day one of a two day meeting of the National Aeronautics and Space Administration's (NASA) NASA Advisory Council's Technology and Innovation Committee. See, notice in the Federal Register, April 8, 2011, Vol. 76, No. 68, at Page 19793. Location: NASA Headquarters, Room MIC-6A (6H45), 300 E St.,  SW.

9:00 - 10:00 AM. The Washington International Trade Association (WITA) will host an event titled "Breakfast with USTR Ron Kirk". See, notice. Location: Horizon Ballroom, Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave., NW.

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

8:30 AM - 12:30 PM. Day two of a two day meeting of the National Aeronautics and Space Administration's (NASA) NASA Advisory Council's Technology and Innovation Committee. See, notice in the Federal Register, April 8, 2011, Vol. 76, No. 68, at Page 19793. Location: NASA Headquarters, Room MIC-6A (6H45), 300 E St.,  SW.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "The Nuts and Bolts of Trademark Law". Prices vary. CLE credits. See, notice and registration page.

Deadline to submit applications to the Department of Commerce (DOC) for membership on the U.S.-Brazil CEO Forum. See, DOC notice.

Target date for the Office of the U.S. Trade Representative (OUSTR) to release its 2011 Special 301 report, 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, notice in the Federal Register, December 30, 2010, Vol. 75, No. 250, at Pages 82424-82426. See also, story titled "OUSTR Seeks Input for Special 301 Report" in TLJ Daily E-Mail Alert No. 2,191, January 3, 2011.

The House will return from its April recess at 2:00 PM.

The Senate will return from its April recess at 2:00 PM.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "China is not Simply the Latest Paper Tiger". The speakers will be Robert Atkinson (ITIF), Adam Segal (Council on Foreign Relations) and Bruce Stokes (German Marshall Fund). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

The U.S. Court of Appeals (FedCir) will consider on the briefs Odom v. Microsoft Corporation, App. Ct. No. 2011-1160. Location: Courtroom 201, 717 Madison Place, NW.

Deadline for the U.S. International Trade Commission (USITC) to release its second report on intellectual property rights (IPR) infringement in the People's Republic of China (PRC). This second report will describe the size and scope of reported IPR violations and provide quantitative analysis of the effect of IPR infringement and indigenous innovation policies in the PRC on the U.S. economy and jobs. See, first report [196 pages in PDF] titled "China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy", released on December 13, 2010. See also, story titled "USITC Releases First Report on IPR Infringement in the PRC" in TLJ Daily E-Mail Alert No. 2,178, December 14, 2010.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding its online employment application process for patent examiners. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11206-11208.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding substantive submissions made during prosecution of a trademark application. See, notice in the Federal Register, March 1, 2011, Vol. 76, No. 40, at Pages 11208-11210.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding the payment of filing fees by winning bidders in auctions of construction permits in the broadcast services. The FCC adopted this NPRM on February 28, 2011, and released the text on March 3, 2011. It is FCC 11-21 in GEN Docket No. 86-285. See, notice in the Federal Register, April 1, 2011, Vol. 76, No. 63, at Pages 18137-18138.

Deadline to submit comments to the Federal Trade Commission (FTC) regarding its Agreement Containing Consent Order [9 pages in PDF] with Google regarding Google Buzz. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18762-18765. See also, stories titled "FTC Issues and Settles Complaint Against Google" in TLJ Daily E-Mail Alert No. 2,213, March 31, 2011, and "EPIC Launches Campaign Regarding FTC Settlement with Google on Buzz" in TLJ Daily E-Mail Alert No. 2,218, April 6, 2011.

Deadline to submit comments to the Federal Trade Commission (FTC) in advance of its event on May 11, 2011 titled "Examining Phone Bill Cramming: A Discussion". See, notice and agenda.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "FCC Process Reform". The witnesses will be the five members of the Federal Communications Commission (FCC). See, notice. Location: Room 2123, Rayburn Building.

10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Consolidated Cryptologic Program FY 20012 Budget Overview". See, notice. Location: Room HVC-304, Capitol Visitor Center.

10:00 AM - 12:00 NOON. The Senate Banking Committee (SBC) will hold a hearing on several pending nominations, including that of David Cohen to be Under Secretary for Terrorism and Financial Crimes at the Department of the Treasury. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Cybersource Corp. v. Retail Decisions, Inc., App. Ct. No. 2009-1358, an appeal from the U.S. District Court (NDCal) in a business method patent case involving a method and system for detecting fraud in a credit card transaction between a consumer and a merchant over the internet. Location: Courtroom 402, 717 Madison Place, NW.

10:15 AM. The House Judiciary Committee (HJC) will hold a hearing titled "Oversight Hearing on the United States Department of Justice". See, notice. Location: Room 2141, Rayburn Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "White House Transparency, Visitor Logs and Lobbyists". See, notice. The House Oversight and Government Reform Committee is also investigating this issue, and in particular, FCC Chairman Julius Genachowski's frequent White House visits. Location: Room 2322, Rayburn Building.

12:15 - 1:30 PM. The DC Bar Association and the Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Consumer Privacy -- Is there an App for That?". Location: Latham & Watkins, Suite 1000, 555 11th St.,  NW.

2:00 - 3:00 PM. The Department of Commerce's (DOC) National Advisory Council on Innovation and Entrepreneurship (NACIE) will hold a teleconferenced meeting regarding access to capital. For listening, the call in number is 888-942-9574, and the passcode is 6315042. See, notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Page 22078.

3:00 - 4:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Medical Data Innovation: Building the Foundations of a Health Information Economy". The speakers will be Cathy Betz (Wolters Kluwer Pharma Solutions), Marc Rodwin (Suffolk University law school), Ann Waldo (Wittie Letsche & Waldo), and Daniel Castro (ITIF). See, notice and registration page. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding implementation of S 30 [LOC | WW], the "Truth in Caller ID Act. This statute prohibits caller ID spoofing, but only if the purpose is to defraud or cause harm. See, stories titled "Obama Signs Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,187, December 23, 2010, and "House Passes Truth in Caller ID Act" in TLJ Daily E-Mail Alert No. 2,180, December 16, 2010. The FCC adopted and released this NPRM on March 9, 2011. It is FCC 11-41 in WC Docket No. 11-39. See, notice in the Federal Register, March 23, 2011, Vol. 76, No. 56, at Pages 16367-16375.

8:00 AM - 5:00 PM. The Computer and Communications Industry Association (CCIA) will host an event titled "Washington Caucus". See, notice. Members can register by contacting mclark at ccianet dot org. Reporters can register by contacting hgreenfield at ccianet dot org. Location: Newseum, 7th floor, 555 Pennsylvania Ave., NW.

8:30 AM - 4:15 PM. The U.S. China Economic and Security Review Commission will host a hearing titled "China's Intellectual Property Rights and Indigenous Innovation Policy". See, notice in the Federal Register, April 25, 2011, Vol. 76, No. 79, at Page 22945. Location: Room 485, Russell Building, Capitol Hill.

9:00 - 10:30 AM. There will be an event titled "Nanotechnology: The Huge Challenge of Regulating Tiny Technologies". See, notice. For more information, contact Lisa Wolfe at 919-316-3596 or lbistreich at rti dot org. Location: Ballroom, National Press Club.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled "The Threat of Data Theft to American Consumers". See, notice. Location: Room 2322, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Oversight of the Department of Justice". The witness will be Attorney General Eric Holder. See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "ICANN Generic Top-Level Domains (gTLD) Oversight Hearing". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Financial Services will hold a hearing on the FY 2012 budget requests of the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC). See, notice. Location: Room 138, Dirksen Building.

POSTPONED. 10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The U.S. -- China Relationship: Charting a New Course Forward". The witness will be Henry Kissinger. See, notice. Location: Room 215, Dirksen Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up HR 1425 [LOC | WW], the "Creating Jobs Through Small Business Innovation Act of 2011". The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Powertech Technology, Inc. v. Tessera, Inc., App. Ct. No. 2010-1489, a patent case involving semiconductor chip technology. Location: Courtroom 201, 717 Madison Place, NW.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on nominations. See, notice. The SJC will webcast this hearing. Location: Room 226, Dirksen Building.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding the Universal Service Fund (USF) Mobility Fund and tribal issues. The FCC released this PN on April 18, 2011. It is DA 11-702 in WT Docket No. 10-208. See, notice in the Federal Register, April 21, 2011, Vol. 76, No. 77, at Pages 22340-22342.

9:00 AM - 5:00 PM. The Federal Communications Commission's (FCC) Video Programming and Accessibility Advisory Committee will meet. See, notice in the Federal Register, April 7, 2011, Vol. 76, No. 67, at Pages 19356-19357. Location: FCC, 445 12th St., SW.

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

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Virginia Seitz to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Office of Legal Counsel, and Bernice Donald to be a Judge of the U.S. Court of Appeals (6thCir). The agenda also again includes consideration of S 623 [LOC | WW], the "Sunshine in Litigation 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 Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Disaster Recovery and Intergovernmental Affairs will hold a hearing titled "Understanding the Power of Social Media as a Communications Tool in the Aftermath of Disasters". See, notice. Location: Room 349, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Spread Spectrum Screening LLC v. Eastman Kodak Company, App. Ct. No. 2011-1019, an appeal from the U.S. District Court (WDNY) in a patent infringement case involving printing technology. Location: Courtroom 402, 717 Madison Place, NW.

10:00 - 11:30 AM. The Brookings Institution will host a panel discussion titled "Bridging the Digital Divide: Spectrum Policy, Program Diversity and Consumer Rights". The speakers will be Darrell West (Brookings), Matthew Hussey (office of Sen. Olympia Snowe (R-ME)), Uzoma Unyeije, and Christopher Ornelas (National Association of Broadcasters). See, notice. Location: Brookings, 1775 Massachusetts Ave., NW.

1:00 - 5:00 PM. The Federal Communications Bar Association's (FCBA) Mass Media Committee will host an event titled "Focus on the First Amendment". CLE credits. The price to attend ranges from $50 to $350. The deadline to register is 12:00 NOON on May 3. Location: Newseum, 555 Pennsylvania Ave., NW.

Deadline to submit comments to the Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response to its Public Notice (PN) [13 pages in PDF] requesting comment on draft rules and interim procedures regarding the environmental effects of proposed communications towers on migratory birds. This PN is DA 11-558 in WT Docket Nos. 08-61 and 03-187. The FCC released it on March 25, 2011. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18679-18684.

Deadline for the Federal Communications Commission (FCC) to respond to the April 20, 2011, letter [PDF] from the House Commerce Committee (HCC) regarding the public safety equipment and device market. See, story titled "Representatives Write FCC Re Motorola Dominance in Public Safety Market" in TLJ Daily E-Mail Alert No. 2,226, April 26, 2011.

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