7/15. Rep. Bob Goodlatte (R-VA) and Rep. Adam Schiff (D-CA) introduced HR 2552 [LOC | WW], the "Identity Theft Improvement Act of 2011".

It is a response to a recent Supreme Court opinion. It would clarify that prosecutors need not prove that the "defendant knew the means of identification was of another person". This change would impact both identity theft and computer intrusion cases.

The bill was referred to the House Judiciary Committee (HJC), which is scheduled to consider it at its meeting of July 20-21, 2011. See, notice.

This short bill would merely amend 18 U.S.C. § 1028 and 18 U.S.C. § 1028A by adding a new subsection (j) to section 1028 regarding "State of Mind Proof Requirement". It provides that "In a prosecution under subsection (a)(7) or under section 1028A(a), the Government need not prove that the defendant knew the means of identification was of another person."

Section 1028(a)(7) provides in part that "Whoever ... knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ... shall be punished".

Section 1028A(a)(1) provides in part that "Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years". Subsection (c) enumerates numerous fraud related crimes, including computer fraud under 18 U.S.C. § 1030.

Sections 1028 and 1028A are two of the federal identity theft statutes. Subsection 1028(a)(7), which is one of eight separate prohibitions in section 1028, is charged in some cases involving computer network intrusions. It is also charged in cases involving theft of social security numbers. See for example, the 2007 opinion [25 pages in PDF] of the U.S. Court of Appeals (9thCir) in U.S. v. Sutcliffe, 505 F.3d 944.

Sections 1028(a)(7) and 1028A(a)(1) contain similar language. Moreover, the Supreme Court held in its 2009 opinion [18 pages in PDF] in Flores-Figueroa v. U.S., 556 U.S. __, that section 1028A(a)(1) requires the government to show that "the defendant knew that the means of identification at issue belonged to another person."

The Supreme Court ruled as a matter of statutory interpretation, rather than due process. Hence, the Congress is free to change the outcome by changing the statute.

The two sections at issue refer to the "means of identification of another person". The defendant in Flores-Figueroa v. U.S., a citizen of Mexico who was present in the U.S., gave his employer a counterfeit Social Security Card and alien registration card which contained his real name, but someone else's Social Security Number (SSN). He argued that the prosecution had to prove that he knew that the means of identification, the SSN, belonged to another person, as opposed to being a ficticious SSN. The Supreme Court agreed.

See also, the Department of Justice's (DOJ) manual [213 pages in PDF] titled "Prosecuting Computer Crimes" at pages 96-100.

7/13.  Rep. Bob Goodlatte (R-VA) and others introduced HR 2511 [LOC | WW], the "Innovative Design Protection and Piracy Prevention Act", or IDPPPA or ID3PA. This bill would extend copyright protection to clothing designs. Related bills introduced in prior Congresses did not become law.

Chapter 13 of the Copyright Act, codified at 17 U.S.C. §§ 1301-1332, pertains to "Protection of Original Designs". This bill would extend such copyright protection to fashion design, including clothes, shoes, apparel and its ornamentation, but only for a term of three years.

Currently, fashion designers rely upon trademark, trade dress, and counterfeit labeling laws for protection from copying. Although, as with other types of intellectual property (IP), it is primarily the large companies with large legal budgets that are able to avail themselves of the protections afforded by IP legal regimes.

Clothes, shoes, purses, and other fashion items are not the stuff of information or communications technologies. However, this bill, if enacted, could impact technology. Increasingly, fashion products, including copies, imitations, and knock offs, are being sold through web sites. Also, enforcement efforts are increasingly focusing on those web sites.

Moreover, there is a parallel legislative initiative to enable the Department of Justice (DOJ) to target and take down "Internet sites dedicated to infringing activities", and to take other actions against various intermediaries. See, S 968 [LOC | WW], the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011", or "PROTECT IP Act".

A related bill has not yet been introduced in the House. However, Rep. Goodlatte and others have stated that they intend to introduce their own version of the bill.

If the concepts contained in both HR 2511 and S 968 were enacted into law, then the DOJ would be targeting web sites dedicated to selling, among other things, design copyright infringing fashion items.

The bill was referred to the House Judiciary Committee (HJC). The HJC's Subcommittee on Intellectual Property, Competition and the Internet promptly held a hearing on HR 2511 on Friday, July 15, 2011.

Kurt Courtney of the American Apparel & Footwear Association (AAFA) wrote in his prepared testimony [4 pages in PDF] that S 968 and related bills "will help address one of the more onerous ways counterfeiters steal from legitimate companies -- by establishing fake websites to fool consumers into thinking that they are buying legitimate products."

Lazaro Hernandez of the Council of Fashion Designers of America (CFDA) wrote in his prepare testimony [7 pages in PDF] that "we can't compete against piracy. Without this legislation, the creativity and innovation that has put American fashion in a leadership position will dry up".

The Subcommittee also receiving conflicting testimony from law professors. Christopher Sprigman (University of Virginia law school) wrote in his prepared testimony [14 pages in PDF] that "for more than two centuries Congress has not seen the need to extend IP rules to cover fashion designs. During that period the American fashion industry has grown and thrived, and American consumers have enjoyed a wide range of apparel offerings in the marketplace. We are skeptical that Congress ought to begin regulating fashion design now, given the success of the existing system."

In contrast, Jeannie Suk (Harvard university law school) wrote in her prepared testimony [11 pages in PDF] that "The IDPPPA strikes an appropriate balance between giving incentives to create original designs and leaving designers free to draw upon influences, inspirations, and trends. If enacted, it would serve its purpose, to push the fashion industry toward innovation rather than substantially identical copying. The new law would harm fast fashion copyists but not retailers as a whole – and even then, only by compelling firms to change their businesses in ways consistent with Act’s purpose. It would increase consumers' choice of designs that are inspired by other designs and that participate in trends, while limiting their ability to buy exact knockoffs of designs. It would not promote unnecessary litigation, but to the contrary, represents a wisely balanced and carefully tailored response to the problems of a distinctive industry."

The original cosponsors of the bill are Rep. Jerrold Nadler (D-NY), Rep. James Sensenbernner (R-WI), Rep. Carolyn Maloney (D-NY), Rep. Linda Sanchez (D-CA), Rep. Howard Coble (R-NC), Rep. Adam Schiff (D-CA), Rep. Sheila Lee (D-TX), Rep. Maxine Waters (D-CA), Rep. Darrell Issa (R-CA), and Rep. Charles Rangel (D-NY).

7/15. Nortel conducted an auction of 6,000 patents and patent applications. A coalition consisting of Apple, Microsoft, Research in Motion, EMC, Sony and Ericsson outbid a coalition of Google and Intel. The winning bid was $4.5 Billion. See, Nortel's June 30, 2011, release.

Nortel, which filed a Chapter 11 bankruptcy petition in 2009, stated in this release that "The sale includes more than 6,000 patents and patent applications spanning wireless, wireless 4G, data networking, optical, voice, internet, service provider, semiconductors and other patents. The extensive patent portfolio touches nearly every aspect of telecommunications and additional markets as well, including Internet search and social networking."

Nortel added that "The sale is subject to applicable Canadian and U.S. Court approvals which will be sought at a joint hearing expected to be held on July 11, 2011. Nortel will work diligently with the consortium to close the sale in the third quarter of 2011."

The U.S. Bankruptcy Court for the District of Delaware and the Superior Court of Justice in Toronto, Ontario, did hold a joint hearing by teleconference on Monday, July 11, 2011.

The Federal Trade Commission's (FTC) and the Department of Justice's (DOJ) Antitrust Division's joint list of early terminations granted during the month of June, 2011, lists various bidders for the Nortel patent portfolio. See, notice in the Federal Register, Vol. 76, No. 136, Friday, July 15, 2011, at Pages 41795-41797.

This is a list of grants of requests for early termination of the waiting period under the premerger notification rules, also know as Hart Scott Rodino.

It lists "Apple Inc.; Nortel Networks Corporation; Apple Inc.", "Rockstar Bidco, LP; Nortel Networks Corporation; Rockstar Bidco, LP", and "Intel Corporation; Nortel Networks Corporation; Intel Corporation". See also, FTC's list of June 23 grants and list of June 22 grants.

On July 6, 2011, the American Antitrust Institute (AAI) sent a letter to the DOJ's Antitrust Division urging it "to commence an in-depth investigation of the proposed purchase of Nortel's portfolio of more than 6,000 patents and patent applications, many of which may be vital to the future of mobile communications and computing devices".

See also, story titled "AAI Urges DOJ to Investigate Acquisition of Nortel Patent Portfolio" in TLJ Daily E-Mail Alert No. 2,255, July 11, 2011.

7/13. Ben Bernanke, Chairman of the Federal Reserve Board (FRB), testified before the House Financial Services Committee (HFSC) on July 13, 2001, and before the Senate Banking Committee (SBC) on July 14. He presented the FRB's report [61 pages in PDF] titled "Semiannual Monetary Policy Report to the Congress".

While the overall outlook is bleak, businesses are spending on information technology.

He wrote in his prepared testimony for both hearings that "the pace of the expansion so far this year has been modest. After increasing at an annual rate of 2-3/4 percent in the second half of 2010, real gross domestic product (GDP) rose at about a 2 percent rate in the first quarter of this year, and incoming data suggest that the pace of recovery remained soft in the spring. At the same time, the unemployment rate, which had appeared to be on a downward trajectory at the turn of the year, has moved back above 9 percent."

He added that "Two bright spots in the recovery have been exports and business investment in equipment and software. Demand for U.S.-made capital goods from both domestic and foreign firms has supported manufacturing production throughout the recovery thus far. Both equipment and software outlays and exports increased solidly in the first quarter, and the data on new orders received by U.S. producers suggest that the trend continued in recent months."

The FRB's report elaborates that "Real business spending for equipment and software (E&S) rose at an annual rate of about 10 percent in the first quarter, roughly the same pace as in the second half of 2010." Moreover, "outlays on information technology (IT) capital ... continued to rise at solid rates."

The Department of Commerce's (DOC) Bureau of Economic Analysis's (BEA) next Gross Domestic Product (GDP) report, the advance estimate for the second quarter of 2011, is due out on July 29, 2011. See also, story on the first quarter report, titled "BEA Reports Sluggish Growth in GDP and IT Investment" in TLJ Daily E-Mail Alert No. 2,228, April 28, 2011.

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The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. See, Rep. Cantor's schedule for week of July 18.

The Senate will meet at 2:00 PM.

6:00 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "FCBA Trivia Night". Location: Laughing Man Tavern, 1306 G St., NW.

Deadline to submit reply 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 initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [27 pages in PDF] regarding rights of way policies and wireless facilities siting requirements. The FCC adopted and released this item on April 7, 2011. It is FCC 11-51 in WC Docket No. 11-59. See, notice in the Federal Register, Vol. 76, No. 95, Tuesday, May 17, 2011, at Pages 28397-28403.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House will consider HR 2560 [LOC | WW], the "Cut, Cap, and Balance Act of 2011", the House Republican budget proposal. See, Rep. Cantor's schedule for week of July 18.

8:00 -10:00 AM. Broadband Census News LLC will host a panel discussion titled "Making the Universal Service Fund Into a Universal Broadband Fund". Breakfast will be served. See, notice and registration page. This event is also sponsored by the National Cable & Telecommunications Association (NCTA), US Telecom, Telecommunications Industry Association (TIA), and ICF International. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 - 9:45 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "What Would Pro-Growth Corporate Tax Reform Look Like?". The speakers will be Ike Brannon (American Action Forum), Robin Beran (Catepillar, Inc.), and Rob Atkinson (ITIF). See, notice and registration page. This event is free and open to the public. A light breakfast will be served. Location: Room B-340, Rayburn Building.

10:30 - 11:30 AM. The Heritage Foundation (HF) will host a lecture by Alan Leong Kah-kit (Legislative Councillor and 2007 Candidate for Chief Executive, Hong Kong SAR) titled "The Centennial of the 1911 Revolution: A Look Into the Future of Hong Kong and China". The HF will webcast this event. This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON - 3:00 PM. The Tech Freedom (TF) will host an event titled "Sorrell: The Supreme Court Confronts Free Speech, Marketing & Privacy". See, the Supreme Court's June 23, 2011, opinion [53 pages in PDF] in Sorrell v. IMS Vermont, TF's amicus curiae brief [PDF], and story titled "Supreme Court Applies Heightened Scrutiny to State Regulation of Commercial Data" in TLJ Daily E-Mail Alert No. 2,259, July 15, 2011. The first panel is titled "Towards Greater Commercial Free Speech Protections?". The speakers will be Greg Stohr (Bloomberg), Tom Julin (Hunton & Williams), Bob Revere (Davis Wright Tremaine), Greg Beck (Public Citizen), and Richard Ovelmen (Jordan Burt). The second panel is titled "Reconciling Data Restrictions & the First Amendment". The speakers will be Jim Harper (Cato Institute), John Verdi (Electronic Privacy Information Center), Jonathan Emord (Emord & Associates), John Morris (Center for Democracy & Technology), and Berin Szoka (TF). See, notice and registration page. This event is free and open to the public. Lunch will be served. Location: Hunton & Williams, 2200 Pennsylvania Ave., NW.

12:00 NOON - 2:00 PM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "The Atlantic Century 2011: Benchmarking U.S. and EU Innovation and Competitiveness". The speakers will include Chan Heng Chee (Singapore's Ambassador to the US), Lenny Mendonca (McKinsey), and Rob Atkinson (ITIF). See, ITIF notice. This event is free and open to the public. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

12:30 - 2:00 PM. The Computer & Communications Industry Association (CCIA) will host a panel discussion titled "How Public Policy Can Enable Cloud Computing -- Driving Innovation, Investment & Job Creation Beyond the IT Sector". The speakers will include Michael Nelson (Georgetown University). This event is free and open to the public. Lunch will be served. Register by contacting Maggie Clark at mclark at ccianet dot org or 202-783-0070 ext 120. Location: Room B-340, Rayburn Building.

1:00 - 2:15 PM. The New America Foundation (NAF) will host a panel discussion titled "Kiwi Connected: What Can the U.S. Learn From New Zealand's Broadband Plan?" The speakers will be Tom Glaisyer (NAF), Joanne Hovis (President of Columbia Telecommunications Corporation), Ben Lennett (NAF), and Graham Mitchell (CEO of Crown Fiber Holdings). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Implications of AT&T Mobility v. Concepcion: Has the Supreme Court Sounded the Death Knell for Some Class Actions?". See, April 27, 2011, opinion of the Supreme Court, and story titled "Supreme Court Holds Class Action Waiver Clauses in Arbitration Contracts Are Enforceable" in TLJ Daily E-Mail Alert No. 2,228, April 28, 2011. The speakers will be Amy Brown (Squire Sanders), Paul Bland (Chavez & Gertler), Sarah Cole (Ohio State law school), and Julia Strickland (Stroock Stroock & Lavan). Prices vary. CLE credits. See, notice.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for week of July 18.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host an event titled "An App Store for Energy: eKNOW and Data-Driven Innovation for Smart Buildings". See also, S 1029 [LOC | WW], the "Electric Consumer Right to Know Act" or "e-KNOW Act". The speakers will include Sen. Scott Brown (R-MA), Lorie Wigle (Intel), Nick Sinai (EOP's Office of Science and Technology Policy), Dean Garfield (ITIC), and Rob Atkinson (ITIF). See, ITIF notice. This event is free and open to the public. Location: Room SVC 201-00, Capitol Visitor Center.

10:15 AM. Day one of a two day meeting of the House Judiciary Committee (HJC) to mark up bills. The sixth of seven items on the agenda is HR 2552 [LOC | WW], the "Identity Theft Improvement Act of 2011". The seventh of seven items is HR 1981 [LOC | WW], the "Protecting Children From Internet Pornographers Act of 2011", a bill to mandate data retention. See, stories titled "House Crime Subcommittee Holds Hearing on Data Retention Bill", "Summary of HR 1981, Data Retention Bill", and "Summary of Existing Data Retention Mandates" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011. See, notice. Location: Room 2141, Rayburn Building.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast panel discussion titled "Are Products of Nature Patentable Subject Matter?". The speakers will be Eileen Kane (Penn State law school), John Hendricks (Hitchcock Evert), Harold Wegner (Foley & Larnder), and Jacqueline Bonilla (Foley & Lardner). Prices vary. CLE credits. See, notice.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response its 3rd Further Notice of Proposed Rulemaking (NPRM) [110 pages in PDF] regarding extensive revisions to its Part 11 rules governing the Emergency Alert System (EAS). The FCC adopted this NPRM on May 25, 2011, and released the text on May 26, 2011. It is FCC 11-82 in EB Docket No. 04-296. See, notice in the Federal Register, Vol. 76, No. 118, Monday, June 20, 2011, at Pages 35810-35831.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice regarding whether certain docketed FCC proceedings should be terminated as dormant. See, June 3, 2011, Public Notice (DA 11-992 in CG Docket No. 11-99), and notice in the Federal Register, Vol. 76, No. 118, Monday, June 20, 2011, at Pages 35892-35893.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Cantor's schedule for week of July 18.

10:00 AM. Day two of a two day meeting of the House Judiciary Committee (HJC) to mark up bills. The sixth of seven items on the agenda is HR 2552 [LOC | WW], the "Identity Theft Improvement Act of 2011". The seventh of seven items is HR 1981 [LOC | WW], the "Protecting Children From Internet Pornographers Act of 2011", a bill to mandate data retention. See, stories titled "House Crime Subcommittee Holds Hearing on Data Retention Bill", "Summary of HR 1981, Data Retention Bill", and "Summary of Existing Data Retention Mandates" in TLJ Daily E-Mail Alert No. 2,257, July 13, 2011. See, notice. Location: Room 2141, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Steve Six (to be a Judge of the U.S. Court of Appeals for the 10th Circuit), Christopher Droney (USCA/2ndCir) Jane Milazzo (USDC/EDLa), Robert Mariani (USDC/MDPenn), Cathy Bissoon (USDC/WDPenn), Mark Hornak (USDC/WDPenn), and Robert Scola (SDFl). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:15 - 1:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The speaker will be Julius Knapp, long time Chief of the FCC's Office of Engineering and Technology (OET). He will discuss "career development" and "professional growth opportunities". For more information, contact Susan Ornstein at susan dot goldhar at gmail dot com, or Brendan Carr at bcarr at wileyrein dot com. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:00 NOON - 2:00 PM. The DC Bar Association will host an event titled "The ABCs of IP: A Primer on Patent, Copyright, and Trademark Law". The speakers will be Janet Fries (Drinker Biddle & Reath), Gary Krugman (Sughrue Mion), Steven Warner (Fitzpatrick Cella), and Mark Williamson (Fitzpatrick Cella). The price to attend ranges from $40 to $55. For more information, contact 202-626-3463. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Day one of a two day event hosted by the Minority Media and Telecom Council (MMTC) titled "25th Anniversary Access to Capital and Telecom Policy Conference". The speakers will include Robert McDowell (FCC Commissioner), Marc Morial (head of the Broadband Opportunity Coalition), Lewis Dickey (Cumulus Media), Walter McCormick (US Telecom), Dean Garfield (Information Technology Industry Council), Bret Perkins (Comcast), Joseph Waz (Comcast), Tom Tauke (Verizon), and James Cicconi (AT&T). See, conference web site. Location: Westin Georgetown Hotel, 2350 M St., NW.

The House may meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule for week of July 18.

Day two day event hosted by the Minority Media and Telecom Council (MMTC) titled "25th Anniversary Access to Capital and Telecom Policy Conference". See, conference web site. Location: Westin Georgetown Hotel, 2350 M St.,  NW..

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its 4th Further Notice of Proposed Rulemaking (NPRM) [16 pages in PDF] regarding out of band emission limits for mobile Broadband Radio Service (BRS) and Educational Broadband Service (EBS) devices operating in the 2496-2690 MHz band. This item is FCC 11-81 in WT Docket No. 03-66 and RM-11614. The FCC adopted this FNPRM on May 24, 2011, and released the text on May 27, 2011. See, notice in the Federal Register, Vol. 76, No. 109, Tuesday, June 7, 2011, at Pages 32901-32906.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host a lecture by John Reynolds (Biola University) titled "Facebook Friends and Socialism: How Social Media Shapes Community". The HF will webcast this event. This event is free and open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

EXTENDED FROM JUNE 24. Extended deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

EXTENDED TO AUGUST 24. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [55 pages in PDF] regarding wireless signal boosters. The FCC adopted this item on April 5, 2011, and released the text on April 6, 2011. It is FCC 11-53 in WT Docket No. 10-4. See, original notice in the Federal Register, Vol. 76, No. 90, Tuesday, May 10, 2011, at Pages 26983-26996. See also, FCC's June 20, 2011, Public Notice (DA 11-1078) and extension notice in the Federal Register, Vol. 76, No. 122, Friday, June 24, 2011, at Page 37049.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) [6 pages in PDF] regarding the economic impact of low power FM stations on full service commercial FM stations. The FCC released this PN on May 10, 2011. It is DA 11-756 in MB Docket No. 11-83. See also, notice in the Federal Register, Vol. 76, No. 97, Thursday, May 19, 2011, at Pages 28983-28986, and story titled "FCC Seeks Comments on Economic Impact of LPFM on Commercial FM" in TLJ Daily E-Mail Alert No. 2,244, May 18, 2011.