6/8. The Senate Commerce Committee (SCC) held an executive business meeting at which it amended and approved S 911 [LOC | WW], the "Public Safety Spectrum and Wireless Innovation Act".

The bill as amended authorizes the Federal Communications Commission (FCC) to conduct incentive auctions. It also gives 10 megahertz of spectrum known as the D block to a quasi government entity for the purpose of deploying a nationwide interoperable wireless broadband network for public safety.

Sen. John Rockefeller (D-WV) and Sen. Kay Hutchison (R-TX), the Chairman and ranking Republican on the SCC, made opening statements. The SCC then approved 17 amendments in one voice vote. The SCC then approved by a roll call vote of 21-4 a substitute amendment, as amended by those 17 other amendments. Sen. Olympia Snowe (R-ME), Sen. Jim Demint (R-SC), Sen. John Thune (R-SD), and Sen. Pat Toomey (R-PA) voted no. Some Senators then made statements.

The SCC has not yet released the bill as amended, or even copies of the amendments approved on June 8.

Sen. Claire McCaskill (D-MO) discussed, but did not offer, an amendment regarding low power TV. Sen. Rockefeller stated that he would have opposed the amendment, and thanked Sen. McCaskill for not offering it. He also pledged to work with her on the subject.

Sen. Maria Cantwell (D-WA) briefly mentioned her amendment regarding white space spectrum and incentive auctions.

Sen. Demint discussed the D block. He said that this bill is a spending bill, and that "it directly increases the deficit" by more than 17 Billion dollars. He complained that the D block would be "given away for free", and operated by a "quasi government entity", that will be "bureaucratic", "centralized", and "politicized". He said the Committee should consider the USPS and Amtrak as examples of the type of non-innovative entity that the bill would create.

Sen. Roy Blunt (R-MO) offered and withdrew an amendment that would have directed the FCC to re-auction the D block to the commercial sector.

Sen. Toomey thanked Sen. Rockefeller for supporting two amendments, including one regarding political activity of the D block entity.

He also offered and withdrew an amendment regarding eligible auction participants. Sen. Hutchison spoke in favor of this amendment. Sen. Toomey also offered and withdrew an amendment regarding requiring auction proceeds to first repay loans.

He also offered an amendment regarding the bill's billion dollar telecommunications research grant program. He said that the private sector is already conducting research on a huge scale, and that a government grant program is therefore not necessary. Sen. Rockefeller opposed the amendment. Sen. Warner argued that there is not enough research and development in the public safety market. Sen. Hutchison also spoke in opposition. The SCC rejected the amendment by roll call vote of 9-16.

Sen. Amy Klobuchar (D-MN) discussed and advocated the "next generation 911 systems" provisions of the bill.

Sen. Mark Warner (D-VA) discussed public safety spectrum. Sen. Frank Lautenberg (D-NJ) reminisced about the events of September 11, 2001. Sen. Barbara Boxer (D-CA) addressed public safety communications in broad terms.

Michael Powell, head of the National Cable and Telecommunications Association (NCTA) stated in a release that this bill "encourages greater spectrum efficiency, meets the broadband needs of public safety personnel, and preserves Commission flexibility with respect to auction design. We especially appreciate the committee's effort to craft a fair framework for reclaiming broadcast spectrum through incentive auctions that will cover costs incurred by cable operators due to channel sharing or repacking and will not expand or extend current carriage obligations."

Gordon Smith, head of the National Association of Broadcasters (NAB), stated in a release that the "NAB appreciates the hard work of Chairman Rockefeller and ranking member Hutchison in shepherding through today's legislation. As the process moves forward, NAB will work with policymakers to help ensure that broadcasters are able to deliver on the promise of free and local digital television made to tens of millions of viewers."

Steve Largent, head of the CTIA, stated in a release that "We greatly appreciate the focus the bill places on authorizing incentive auctions and making additional spectrum available for commercial wireless providers. Making additional spectrum available is critical to ensuring that the wireless industry can continue to meet the exploding demand for wireless broadband services and remain a catalyst for economic growth."

6/7. Rep. Greg Walden (R-OR), Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology gave a speech in which he addressed intercarrier compensation and universal service.

He said that "The intercarrier compensation regime is broken" and "is not long for this Earth".

"Absent serious reform, this system of implicit subsidies will collapse under its own weight, thus potentially bringing down rural telecommunications networks with it and hindering high-speed broadband deployment in rural America. This cannot be allowed to happen."

Regarding universal service, he said that "the mounting costs of the high-cost fund, along with declines in the USF funding base, have led to ever-increasing customer surcharges as high as 15% of the interstate portion of a customer’s phone bill.  In a word, the Universal Service Fund has become unsustainable. Reform is no longer an aspiration; it is a necessity."

He said that the HCC and the Federal Communications Commission (FCC) are working to "implement several principles", including capping the universal service high cost fund and each sub-fund, using market based technology neutral mechanisms, such as competitive bidding, migrating the USF to broadband, subsidizing those unserved areas that are uneconomic for the private sector to serve, access charge replacement, and overhauling the contribution methodology.

He also said the the SCT will hold another hearing that will examine the proposed merger of AT&T and T-Mobile USA. He said that "It is far too soon to judge the merits of this merger."

He also said that "America’s economic growth and vitality is dependent on competitive and innovative free markets. I am thus interested in learning whether the merger promotes competition for consumers and encourages innovation in the technology manufacturing sector. If not, it may lead the industry further into the watering hole of government regulation."

He added that "I am concerned about the 'public interest' conditions the FCC might place on the merger if approved.  Conditions placed on any merger should be limited to those conditions necessary to address risks to consumers that arise as a direct result of the merger.  Mergers should not be used to impose conditions that are better suited for generic proceedings where all industry and consumer groups have an equal opportunity to weigh in."

6/1. Maria Pallante was named Register of Copyrights and Director of the U.S. Copyright Office. She has been the acting Register since January 1, 2011. She replaces Marybeth Peters, who retired last year after serving for 16 years as the Register. See, CO release.

Pallante (at right) has held several senior positions at the Copyright Office over the last four years. From 1999 through 2007 she was intellectual property counsel for the Guggenheim Museums.

She has also worked for the National Writers Union (NRU), the Authors Guild (AG), and the law firm now known as Trister Ross.

Sandra Aistars, head of the Copyright Alliance, stated in a release that "Pallante will be a strong advocate for the interest of authors and creators and a fair arbiter for our nation's copyright laws".

The Motion Picture Association of America's (MPAA) Fritz Attaway applauded the selection of Pallante in a release.

The Public Knowledge (PK), a Washington DC based interest group that sometimes opposes the actions of the CO, expressed support for the selection of Pallante. Museums are an organized interest, which like other aggregators and distributors of copyright based works, supported orphan works proposals.

The PK supported the passage of orphan works legislation back in 2006. Pallante testified at a March 8, 2006 hearing of the House Judiciary Committee's (HJC) Subcommittee on Courts and Intellectual Property in support of orphan works legislation.

See, story titled "House CIIP Subcommittee Holds Hearing on Orphan Works" in TLJ Daily E-Mail Alert No. 1,236, March 9, 2006. See also, story titled "Copyright Office Recommends Orphan Works Legislation" in TLJ Daily E-Mail Alert No. 1,302, February 2, 2006. For several years, the Congress considered, but did not enact, orphan works legislation.

Sohn praised the selection of Pallante in a release, and added that "We have worked with Maria for years on a variety of issues and found her to be open and receptive to the views of stakeholders from all points of view. We look forward to working with her in her new role. We are eager specifically to work with Maria on the vexing question of orphan works, which has kept many artists, filmmakers and others from enriching their projects with source material for which the creator can’t readily be found."

More recently, Pallante testified before the House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition, and the Internet on June 1, 2011, regarding making unauthorized streaming of copyrighted works a felony criminal offense. See, prepared testimony.

See also, Pallante's March 14, 2011, prepared testimony for the same Subcommittee's hearing on web sites dedicated to infringing activities.

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The Senate will meet at 9:30 AM.

World IPv6 Day.

Day one of a two day event hosted by the US Telecom titled "Broadband Research Summit". See, notice. Prices vary. Location?

8:30 AM - 5:00 PM. Day one of a two day meeting of the Department of the Interior's (DOI) National Geospatial Advisory Committee (NGAC). See, NGAC notice and notice in the Federal Register, Vol. 76, No. 95, Tuesday, May 17, 2011, at Pages 28449-28450. The deadline to register is June 3. Location: American Institute of Architects Building, 1735 New York Ave., NW.

10:00 AM. The Senate Commerce Committee (SCC) will hold an executive business meeting. The agenda includes consideration of S 911 [LOC | WW], the "Public Safety Spectrum and Wireless Innovation Act". See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The President's Request to Extend the Service of Director Robert Mueller of the FBI Until 2013". See also, S 1103 [LOC | WW], a bill to extend the term of the FBI Director. The witnesses will be Robert Mueller (FBI Director), James Comey, William Van Alstyne (William and Mary law school), and John Harrison (University of Virginia law school). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON. Deadline to submit written testimony to the Copyright Office (CO) in advance of its June 10 public hearing in its inquiry in to possible mechanisms, methods, and recommendations for phasing out the statutory licensing requirements set forth in 17 U.S.C. § 111, § 119, and § 122. See, notice in the Federal Register, Vol. 76, No. 90, May 10, 2011, at Pages 27091-27092. See also, story titled "Copyright Office to Hold Hearing on Phasing Out Statutory Licensing Requirements" in TLJ Daily E-Mail Alert No. 2,238, May 11, 2011.

CANCELLED. 2:00 - 3:30 PM. The Department of Justice's (DOJ) Antitrust Division will host a presentation titled "Challenges in EU Competition Policy". The speaker will be Lars-Hendrik Röller (for EC Chief Competition Economist). 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.

2:30 PM. The Senate Judiciary Committee (SJC) will hold a hearing on five judicial nominees: Stephen Higginson (to be a Judge of the U.S. Court of Appeals for the 5th Circuit), Alison Nathan (USDC/SDNY), Katherine Forrest (USDC/SDNY), Jane Milazzo (USDC/EDLa), and Susan Hickey (USDC/WDArk). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Inquiry (FNOI) requesting information to assist it in preparing its annual reports to the Congress on the status of competition in markets for the delivery of video programming. 47 U.S.C. § 548(g) mandates that these reports be prepared annually. However, the FCC does not comply with this statute. See, notice in the Federal Register, May 4, 2011, Vol. 76, No. 86, at Pages 25345-25352. This FNOI is FCC 11-65 in MB Docket No. 07-269.

10:30 AM. The House will meet at 10:30 AM in pro forma session.

The Senate will meet at 9:30 AM.

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

Day two of a two day event hosted by the US Telecom titled "Broadband Research Summit". See, notice. Prices vary. Location?

8:30 AM - 4:00 PM. Day two of a two day meeting of the Department of the Interior's (DOI) National Geospatial Advisory Committee (NGAC). See, NGAC notice and notice in the Federal Register, Vol. 76, No. 95, Tuesday, May 17, 2011, at Pages 28449-28450. Location: American Institute of Architects Building, 1735 New York Ave., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 1103 [LOC | WW], a bill to extend the term of the FBI Director, and S 978 [LOC | WW], an untitled bill to amend 18 U.S.C. § 2319 and 17 U.S.C. § 506 to toughen penalties for criminal copyright infringement by streaming. The agenda also includes consideration of Steve Six (to be a Judge of the U.S. Court of Appeals for the 10th Circuit), Marina Marmolejo (USDC/SDTex), and Michael Green (USDC/WDNY). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". Location: FCC, Commission Meeting Room, 445 12th St., SW.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "The Judicial Year in Review". CLE credits. See, notice. Prices vary. Location: Wiley Rein, 1776 K St., NW.

TIME? The Copyright Office (CO) will hold a public hearing in its inquiry in to possible mechanisms, methods, and recommendations for phasing out the statutory licensing requirements set forth in 17 U.S.C. § 111, § 119, and § 122. See, notice in the Federal Register, Vol. 76, No. 90, May 10, 2011, at Pages 27091-27092. See also, story titled "Copyright Office to Hold Hearing on Phasing Out Statutory Licensing Requirements" in TLJ Daily E-Mail Alert No. 2,238, May 11, 2011. Location: Copyright Hearing Room, Room LM-408, Madison Building, 101 Independence Ave., SE.

12:00 NOON. The Federal Communications Bar Association (FCBA) will host a lunch. The speaker will be Federal Communications Commission (FCC) Chairman Julius Genachowski. Prices vary. Location: Capitol Hilton, 1001 16th St., NW.

Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to the December 3, 2010, petition for declaratory ruling (PDR) filed by the CTIA regarding the scope of the federal ban on state and local entry regulation, codified at 47 U.S.C. § 332(c)(3)(A), and the state of Connecticut's new regulatory regime for wireless service provides. See, CTIA's PDR part 1 and part 2, CTIA's request to extend comment deadlines, and FCC's extension notice in the Federal Register, April 18, 2011, Vol. 76, No. 74, at Pages 21742-21743. This proceeding is WT Docket No. 11-35.

Deadline to submit oppositions to petitions to deny AT&T's acquisition of T-Mobile USA to the Federal Communications Commission (FCC). See, FCC Public Notice (PN). It is DA 11-799 in WT Docket No. 11-65. See also, story titled "FCC Sets Comments Deadlines for AT&T T-Mobile USA Antitrust Merger Review" in TLJ Daily E-Mail Alert No. 2,229, April 29, 2011.

1:00 - 3:00 PM. The House Oversight and Government Reform Committee will hold a hearing titled "Obstruction of Justice: Does the Justice Department Have to Respond to a Lawfully Issued and Valid Congressional Subpoena?". See, notice. Location: Room 2154, Rayburn Building.

7:00 PM. Deadline for Representatives to submit proposed amendments to HR 1249 [LOC | WW], the "America Invents Act" to the House Rules Committee (HRC). The HRC may adopt a rule for consideration of this bill, and the House may consider this bill, during the week of June 13. It is the patent reform bill. See, letter from Rep. David Dreier (R-CA).

The Lyndon B. Johnson School of Public Affairs and the Patient Privacy Rights Foundation will host a conference titled "Getting IT Right: Protecting Patient Privacy in a Wired World". See, conference web site. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-146 [84 pages in PDF] titled "Cloud Computing Synopsis and Recommendations".

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "Statutory Damages for Copyright Infringement: What Are the Implications for Tannenbaum?". Breakfast will be served. 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.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism and Homeland Security will hold a hearing titled "Foreign Corrupt Practices Act". See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Banking Committee (SBC) will hold hearing on several pending nominations, including Lius Aguilar and Daniel Gallagher to be members of the Securities and Exchange Commission (SEC). See, notice. Location: Room 538, Dirksen Building.

2:00 - 4:00 PM. The House Science Committee's (HSC) Subcommittee on Investigations and Oversight will hold a hearing titled "Critical Materials Strategy". The witnesses will be John Holdren (Director of the EOP's Office of Science & Technology Policy), David Sandalow (Assistant Secretary for Policy and International Affairs), and Jeff Doebrich (U.S. Geological Survey). This hearing may address rare earth materials, which are used in certain IT devices and equipment. See, notice. The HSC will webcast this event. Location: Room 2318, Rayburn Building.

Day one of a two day event hosted by George Mason University (GMU) titled "The Tenth Workshop on Economics of Information Security". See, notice. Location: The Mason Inn Conference Center & Hotel, 4352 Mason Pond Drive, Fairfax, VA.

Day one of a three day event hosted by Association for Computing Machinery (ACM) titled "Computers, Freedom, and Privacy 2011". See, notice. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

Day one of a two day event hosted by George Mason University (GMU) titled "The Tenth Workshop on Economics of Information Security". See, notice. Location: The Mason Inn Conference Center & Hotel, 4352 Mason Pond Drive, Fairfax, VA.

Day two of a three day event hosted by Association for Computing Machinery (ACM) titled "Computers, Freedom, and Privacy 2011". See, notice. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

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

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "STEM Education". See, notice. The HSC will webcast this event. Location: Room 2318, Rayburn Building.

Day three of a three day event hosted by Association for Computing Machinery (ACM) titled "Computers, Freedom, and Privacy 2011". See, notice. Location: Georgetown Law Center, 600 New Jersey Ave., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) asking what its broadband internet access service (BIAS) transparency rule means. The FCC promulgated its BIAS transparency rule in its huge Report and Order (R&O) [194 pages in PDF] which contains rules for the regulation of BIAS service providers. The FCC released this PN on April 11, 2011. It is DA 11-661 in CG Docket No. 09-158. See, notice in the Federal Register, April 20, 2011, Vol. 76, No. 76, at Pages 22103-22104. See also, story titled "FCC Issues Public Notice Asking What Its BIAS Transparency Rule Means" in TLJ Daily E-Mail Alert No. 2,221, April 12, 2011.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding ex parte communications with the FCC. The FCC adopted this item on February 1, 2011, and released it on February 2, 2011. It is FCC 11-11 in GC Docket No. 10-43. See, notice in the Federal Register, May 2, 2011, Vol. 76, No. 84, at Pages 24434-24436.

Deadline to submit reply comments to the Federal Communications Commission (FCC) Further Notice of Proposed Rulemaking (FNPRM) regarding internet based telecommunications relay services (TRS). The FCC adopted this item on April 5, 2011, and released it on April 6, 2011. It is FCC 11-54 in CG Docket No. 10-51. See, notice in the Federal Register, May 2, 2011, Vol. 76, No. 84, at Pages 24437-24442.