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Wednesday, March 21, 2012, Alert No. 2,352.
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House Judiciary Subcommittee Holds Hearing on REAL ID Act

3/21. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security held a hearing titled "Secure Identification: The REAL ID Act's Minimum Standards for Driver's Licenses and Identification Cards".

Title II of the REAL ID Act imposes federal mandates on the states' identification document process, and mandates state electronic databases and data sharing. The Act sets minimum standards for states, penalizes states that do not implement its standards, but nevertheless relies upon states to implement it, at their own cost. Many states have refused to comply.

There is nominally a Department of Homeland Security (DHS) imposed extended deadline of January 15, 2013, for compliance. The DHS representative at the hearing said that "we have no plans to extend the deadline".

House Republicans used the hearing to prod the Obama DHS to be more active on REAL ID Act implementation and compliance.

Rep. James Sensenbrenner (R-WI), the Chairman of the Subcommittee, presided at the hearing. He said that "I authored REAL ID". He said that the DHS "is hindering its implementation by the states", and has not allocated sufficient resources to its implementation.

Rep. James SensenbrennerSensenbrenner (at right) said that "states need to understand that ... secure identification is a DHS priority". He acknowledged that "there has been a disconnect between the DHS and the states".

He also said that the law has lead to the improvement of state ID laws, even in those states that have rejected the REAL ID Act. He urged the DHS to give better guidance on how to comply, and not to extend the deadline for compliance.

Rep. Lamar Smith (R-TX), the Chairman of the HJC, stated that "it seems that this administration has very little interest" in addressing this issue.

He said that the Obama administration has "undermined the REAL ID Act whenever possible", such as by extending deadlines for compliance. He also noted that Secretary of Homeland Security Janet Napolitano's support for its repeal.

He concluded that unless the Act is implemented, "we set ourselves up for another attack" like those of September 11, 2001.

Both Rep. Sensenbrenner and Rep. Smith focused on the use of improved identification systems to thwart terrorist attacks. They did not discuss the use of identification documents by employers in their capacity of de facto enforcers of federal immigration laws.

No other Republicans spoke at this hearing.

Rep. Bobby Scott (D-VA), the ranking Democrat on the Subcommittee, said that said that the REAL ID Act makes it more difficult for terrorists to obtain identification, but it "also makes it more difficult for everybody else", including law abiding citizens.

He said that there is resistance from the states, which have budgetary and privacy concerns. He said that many states view it as an unfunded mandate, and have stated that they will not comply with it.

He also noted that privacy advocates argue that the REAL ID Act creates "de facto national ID card", and raises privacy concerns.

He said too that "millions of Americans could be at risk of identity theft", and that it could make it harder for citizens to vote.

Rep. John Conyers (D-MI), the ranking Democrat on the Subcommittee, enumerated numerous groups and individuals who oppose the identification mandates of the REAL ID Act, including the ACLU, Consumer Federation of America (CFA), Consumer Watchdog, former Rep. Bob Barr (R-GA).

He too complained that it is a huge unfunded mandate on the states. He added that it raises privacy concerns, because it requires states to collect much personal information, and then make it available to many entities.

The witness panel included three persons who have worked to implement the REAL ID Act's identification mandates. See, prepared testimony of David Heyman, the current DHS Assistant Secretary for Policy, prepared testimony of Stewart Baker, who was DHS Assistant Secretary for Policy during the Bush administration, and prepared testimony of Darrell Williams, who was in charge of REAL ID Act issues at the DHS.

The sole critic of the REAL ID Act on the panel was David Quam ( National Governor's Association). See, prepared testimony.

David HeymanHeyman (at right) stated that securing IDs is an imperative, and that states have made progress in implementing the identification provisions of the REAL ID Act.

He added that while states have "principal responsibility" for implementation, the DHS has provided grants to states. He also said that states and the DHS are building the technical infrastructure to verify source documents. He said that the DHS has "issued guidance documents", and will continue to issue guidance documents. He also said that the DHS will continue to engage in "outreach".

He said that states "have made significant progress", and "we commend them".

Williams described the DHS's outreach activities. He also said that states need greater certainty and clearer guidance.

He said in response to questions from Rep. Scott that fraudulent IDs are issued by state departments of motor vehicles, via corruption and bribery. However, he added that the REAL ID Act attempts to address this by setting standards for states.

Baker, who returned to the law firm of Steptoe & Johnson after his stint at the DHS, argued that the real privacy issue is that identity theft is facilitated by "fake or fraudulent drivers licenses". He also said that states should better protect the data that they collect.

He stated that even if most states comply, the fraudsters will migrate to the ID systems of those states that are not in compliance. Hence, he concluded that "until the last state comes on board we have a problem with our ID system".

He noted that the REAL ID Act allows the Secretary to impose penalties, but that there is no political will to impose penalties.

Quam said that "states have made progress", and that every Governor is concerned about the security of the states' drivers license systems. He said that the program as initially conceived was an "unworkable and unfunded mandate". He argued that "what we need is continued flexibility"

He noted that only six states have submitted full compliance statements, some states have stated that they will not comply, or will not comply without funding, and other states are in various degrees of compliance.

He stated that states need "clear guidance" from DHS, and "funding".

Rep. Jared Polis (D-CO) said that the REAL ID Act constitutes a "back door federal takeover" of the state drivers licensing process.

He also asked whether there are some immigrant categories that are not eligible for state drivers licenses, such as victims of illegally trafficking, and are therefore vulnerable.

Rep. Judy Chu (D-CA) said that REAL ID Act rules require that addresses be on ID cards, but that domestic violence victims do not want their address on ID cards. Williams said that the rules contain exceptions for judges, law enforcement officers, and victims of domestic violence.

Rep. Sheila Lee (D-TX) said that the Act is "a stalled law ready for burial". She added, "It is not functioning. It is not working." And, it raises both privacy and voting rights concerns.

The REAL ID Act was enacted in 2005 as Division B of HR 1268 (109th Congress), which was a large appropriations bill. This Title B contains many provisions. Those related to the federalization of state identification systems are found at Title II of Title B, titled "Improved Security for Drivers' Licenses and Personal Identification Cards".

The REAL ID Act imposes mandates upon the states that critics have estimated to run into the tens of billions of dollars. For example, the National Conference of State Legislatures (NCSL) and the National Governor's Association (NGA) estimated that the program would cost states over $11 Billion in the first five years. See, NCSL/NGA report titled "The Real ID Act: National Impact Analysis".

The Act requires that states maintain electronic databases that include "all data fields printed on drivers' licenses and identification cards issued by the State".

It also requires states to "Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format". It further requires that states "Provide electronic access to all other States to information contained in the motor vehicle database of the State".

The Act provides that "a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements of this section".

While the REAL ID Act was enacted as part of an appropriations bill, it appropriated no money to reimburse the states for the cost of implementing the standards contained in the Act.

FCC Adopts NPRM on Exclusive Contract Prohibition of Program Access Rules

3/20. The Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rulemaking (NPRM) [108 pages in PDF] regarding the exclusive contract prohibition of the program access rules. The FCC also issued a release that describes this NPRM.

The FCC's regulations ban cable operators from entering into exclusive contracts with cable affiliated programming vendors that deliver their programming to cable operators via satellite.

It is a forced sharing mandate that compels cable video programming networks to share their content with all video programming distributors. It is based upon a bottleneck monopoly rationale that may be long outdated by changes in the marketplace.

This NPRM seeks comments on "whether to retain, sunset, or relax one of the several protections afforded to multichannel video programming distributors (``MVPDs´´) by the program access rules -- the prohibition on exclusive contracts involving satellite-delivered, cable-affiliated programming".

This NPRM also seeks comments on several "potential revisions to our program access rules to better address alleged violations, including potentially discriminatory volume discounts and uniform price increases". The NPRM also sets out the text of each of four potential rule amendments.

The NPRM titles these four potential revisions as follows: "Retaining the Exclusive Contract Prohibition", "Sunsetting the Exclusive Contract Prohibition", "Relaxing the Exclusive Contract Prohibition -- Market-Based Petitions", and "Relaxing the Exclusive Contract Prohibition -- Retaining the Prohibition for RSNs Only". (RSNs are Regional Sports Networks.)

47 U.S.C. § 548, which was enacted by the Cable Act of 1992, requires that the FCC write regulations "to promote the public interest, convenience, and necessity by increasing competition and diversity in the multichannel video programming market and the continuing development of communications technologies".

Subsection (c)(2)(D) provides that these regulations "shall ... with respect to distribution to persons in areas served by a cable operator, prohibit exclusive contracts for satellite cable programming or satellite broadcast programming between a cable operator and a satellite cable programming vendor in which a cable operator has an attributable interest or a satellite broadcast programming vendor in which a cable operator has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is in the public interest".

The FCC adopted a Report and Order and NPRM on September 11, 2007, which it released on October 1, 2007, that concluded that the exclusive contract prohibition is still necessary. That order also contains a sunset of October 5, 2012.

That item was FCC 07-169 in MB Docket Nos. 07-29 and 07-198. See also, FCC release, and story titled "FCC Adopts R&O and NPRM Regarding Program Access Rules" in TLJ Daily E-Mail Alert No. 1,640, September 17, 2007.

The just adopted item was on the FCC's agenda for its Commission meeting on March 21. However, it adopted and released this NPRM on March 20 in advance of the meeting. None of the three Commissions wrote statements.

This NPRM is FCC 12-30 in MB Docket No. 12-68, MB Docket No. 07-18 and MB Docket No. 05-192.

Commentary: Cablevision I and the Exclusivity Rule

3/20. The 2010 opinion of the U.S. Court of Appeals (DCCir) in the challenge to the Federal Communications Commission's (FCC) 2007 order regarding the exclusive contract prohibition of the program access rules may provide some guidance as to what would withstand judicial review under current market conditions.

The divided Court of Appeals upheld the 2007 order. However, it also acknowledged that the market is changing, and that the exclusivity rule may no longer be necessary by 2012.

See, Cablevision Systems Corp., at al. v. FCC and USA, also known as Cablevision I, U.S. Court of Appeals for the District of Columbia, App. Ct. No. 07-1425. The Court issued this opinion on March 12, 2010. It is also reported at 597 F.3d 1306.

Judge Sentelle, who wrote the opinion of the court, opined that "It is true that the MVPD market has transformed substantially since the Cable Act was enacted in 1992. However, ... the transformation presents a mixed picture. While cable no longer controls 95 percent of the MVPD market, as it did in 1992, cable still controls two thirds of the market nationally. In designated market areas in which a single cable company controls a clustered region, market penetration of competitive MVPDs is even lower than nationwide rates."

He continued that "The amount and diversity of programming has expanded rapidly, giving MVPDs more programming options even if one network were unavailable to them because of an exclusive contract. However, the four largest cable operators are still vertically integrated with six of the top 20 national networks, some of the most popular premium networks, and almost half of all regional sports networks. The Commission believes the ability and incentive for vertically integrated cable companies to withhold ``must-have´´ programming remains substantial enough to require the further extension of the exclusivity prohibition. We must defer to the Commission's analysis."

Finally, he added that "We anticipate that cable's dominance in the MVPD market will have diminished still more by the time the Commission next reviews the prohibition, and expect that at that time the Commission will weigh heavily Congress’s intention that the exclusive contract prohibition will eventually sunset. Petitioners are correct in pointing out that the MVPD market has changed drastically since 1992. We expect that if the market continues to evolve at such a rapid pace, the Commission will soon be able to conclude that the exclusivity prohibition is no longer necessary to preserve and protect competition and diversity in the distribution of video programming."

Judge Kavanaugh wrote a lengthy dissent in which he argued that the FCC's exclusivity rule violates the First Amendment.

He also argued that the bottleneck monopoly justification for the exclusivity rule has collapsed as a result of changing market conditions.

People and Appointments

3/15.The Senate confirmed Gina Groh to be a Judge of the U.S. District Court for the Northern District of West Virginia. See, Congressional Record, March 15, 2012, at Page S1762.

3/15. The Senate confirmed Michael Fitzgerald to be a Judge of the U.S. District Court for the Central District of California. See, Congressional Record, March 15, 2012, at Page S1762.

3/14. Amy Levine, Senior Counsel & Legal Advisor to Federal Communications Commission (FCC) Chairman Julius Genachowski, will leave the FCC. The FCC stated in a release that Charles Mathias "will be detailed ... on an interim basis to serve as Acting Legal Advisor". He is Associate Chief of the FCC's Wireless Telecommunications Bureau (WTB). This release adds that Levine's "work includes supervising the agency’s spectrum policy and providing technical advice to Congress; managing wireless transaction reviews, including the proposed AT&T/TMobile and AT&T/Qualcomm transactions; and promoting the creation of a nationwide, interoperable public safety broadband network and deployment of E911 and NG911 technologies."

2/29. The National Science Foundation (NSF) published a notice in the Federal Register (FR) that announces the members of the NSF's Senior Executive Service Performance Review Board. See, FR, Vol. 77, No. 40, Wednesday, February 29, 2012, at Pages 12331-12332.

More News

3/21. The Senate Banking Committee's (SBC) Subcommittee on Securities, Insurance, and Investment cancelled its hearing, scheduled for March 21, 2012, titled "Examining Investor Risks in Crowdfunding".

3/6. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) published a notice in the Federal Register announcing that the Secretary of Commerce has approved FIPS PUB 180-4 [35 pages in PDF], the Federal Information Processing Standard (FIPS) Publication 180-4, Secure Hash Standard (SHS). This notice states that "FIPS 180-4 updates FIPS 180-3 by providing a general procedure for creating an initialization value, adding two additional secure hash algorithms to the Standard: SHA-512/224 and SHA-512/256 and removing a restriction that padding must be done before hash computation begins, which was required in FIPS 180-3." See, FR, Vol. 77, No. 44, Tuesday, March 6, 2012, at Pages 13294-13295.

3/2. The Copyright Royalty Board (CRB) published a notice in the Federal Register (FR) that announces the filing of notices of intent to audit the 2009, 2010, and 2011 statements of account submitted by Digitally Imported, Inc., and Beasley Broadcast Group, Inc., concerning the royalty payments made by each pursuant to two statutory licenses. See, FR, Vol. 77, No. 42, Friday, March 2, 2012, at Page 12884.

In This Issue
This issue contains the following items:
 • House Judiciary Subcommittee Holds Hearing on REAL ID Act
 • FCC Adopts NPRM on Exclusive Contract Prohibition of Program Access Rules
 • Commentary: Cablevision I and the Exclusivity Rule
 • People and Appointments
 • More News
Washington Tech Calendar
New items are highlighted in red.
Wednesday, March 21

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 the week, and schedule for the day.

The Senate will meet at 9:30 AM. It will resume consideration of HR 3606 [LOC | WW], the "Jumpstart Our Business Startups Act" or "JOBS Act", a bill to reduce regulatory barriers to capital formation by small and start up companies. See, story titled "Summary of HR 3606" and related stories in TLJ Daily E-Mail No. 2,351, March 19, 2012.

CANCELLED. 9:30 - 11:30 AM. The Senate Banking Committee's (SBC) Subcommittee on Securities, Insurance, and Investment will hold a hearing titled "Examining Investor Risks in Crowdfunding". The witnesses will be Mercer Bullard (University of Mississippi law school), Nick Bhargava (Motaavi), Dana Mauriello (ProFounder), Heath Abshure (Arkansas Securities Department). See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The House Judiciary Committee's (HJC) Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing titled "Secure Identification: The REAL ID Act's Minimum Standards for Driver's Licenses and Identification Cards". The witnesses will be David Heyman (current DHS Assistant Secretary for Policy), Stewart Baker (previous DHS Assistant Secretary for Policy), Darrell Williams (who previously worked on REAL ID Act issues at the DHS), and David Quam (National Governor's Association). See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

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

12:00 NOON - 1:30 PM. The DC Bar Association will host an event titled "Data Breach Risks and Protections for Health Lawyers: Do You Know Where Your Information is Today?". The speakers will be Alan Goldberg (George Mason University and American University law schools), Jonathan Joseph (Christian & Barton), and Melinda Murray (Holy Cross Hospital, Silver Spring). The price to attend ranges from $15 to $35. No CLE credits. See, notice. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts, Commercial and Administrative Law will hold a hearing titled "Office of Information and Regulatory Affairs: Federal Regulations and Regulatory Reform under the Obama Administration". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

2:00 PM. The Senate Judiciary Committee's (SJC) Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing titled "The Verizon/Cable Deals: Harmless Collaboration or a Threat to Competition and Consumers?". The witnesses will be Randal Milch (Verizon), David Cohen (Comcast), Rick Rule (Cadwalader Wickersham & Taft, and Microsoft's outside antitrust counsel), Steven Berry (Rural Cellular Association), Joel Kelsey (Free Press), and Timothy Wu (Columbia University law school). See, notice. The SJC will webcast this event. Location: Room 226, Dirksen Building.

2:00 PM. The House Oversight and Government Reform Committee (HOGRC) will hold a hearing titled "FOIA in the 21st Century: Using Technology to Improve Transparency in Government". See, notice. Location: Room 2154, Rayburn Building.

2:00 - 6:00 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee and the American Bar Association's (ABA) Communications Law Forum will host an event titled "7th Annual ABA/FCBA Privacy & Data Security Symposium". CLE credits. Prices vary. Registrations and cancellations are due by 5:00 PM on March 16. See, notice. Location: Arnold & Porter, 555 12th St., NW.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and Privacy & Data Security Committee will host an event titled "Happy Hour". Location: Co Co. Sala, 929 F St., NW.

Deadline to register to attend the Federal Communications Bar Association's (FCBA) lunch on March 28 at which Jamie Barnett, Chief of the FCC's Public Safety and Homeland Security Bureau, will speak.

Thursday, March 22

The House will meet at 9:00 AM for legislative business. See, Rep. Cantor's schedule for the week.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

9:00 AM. The Federal Communications Commission's (FCC) Communications Security, Reliability, and Interoperability Council (CSRIC) will meet. See, Public Notice (DA 12-333), and notice in the Federal Register, Vol. 77, No. 39, Tuesday, February 28, 2012, at Page 12054. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

10:00 AM. The House Financial Services Committee's (HFSC) Subcommittee on Financial Institutions and Consumer Credit will hold a hearing titled "The Future of Money: How Mobile Payments Could Change Financial Services". See, notice. Location: Room 2128, Rayburn Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of the nominations of Richard Taranto to be a Judge of the U.S. Court of Appeals (FedCir), Robin Rosenbaum to be a Judge of the U.S. District Court for the Southern District of Florida , and Gershwin Drain to be a Judge for the U.S. District Court for the Eastern District of Michigan. The SJC will webcast this event. Location: Room 226, Dirksen Building.

10:00 AM. The Senate Appropriations Committee (SAC) will hold a hearing on the FY 2013 budget for the Department of Commerce (DOC). Location: Room 192, Dirksen Building.

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "Chinese Telecom Investment in the U.S.: Weighing Economic Benefits and Security Risks". The speakers will be Claude Barfield (AEI), Theodore Moran (Georgetown University), Derek Scissors (Heritage Foundation), and Timothy Keeler (Mayer Brown). See, notice. The AEI will webcast this event. Location: AEI, 12th floor, 1150 17th St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. See, notice. Location: Room 219, Hart Building.

Day one of a two day event hosted by the Air Force Association (ASA) titled "Cyber Futures Conference and Technology Exposition". See, notice. Location: Gaylord National Hotel, Maryland Ballroom, 201 Waterfront St.Oxen Hill, MD.

Friday, March 23

Rep. Cantor's schedule for the week states that "no votes are expected in the House".

Supreme Court conference day. See, calendar. Closed.

10:00 AM - 5:00 PM. The Department of Labor's (DOL) National Advisory Committee for Labor
Provisions of U.S. Free Trade Agreements will meet. Open to the public. See, notice in the Federal Register, Vol. 77, No. 43, Monday, March 5, 2012, at Page 13153. Location: DOL, 200 Constitution Ave.,  NW.

Day two of a two day event hosted by the Air Force Association (ASA) titled "Cyber Futures Conference and Technology Exposition". See, notice. Location: Gaylord National Hotel, Maryland Ballroom, 201 Waterfront St.Oxen Hill, MD.

Deadline to submit written statements to the U.S. China Economic and Security Review Commission in connection with its March 26, 2012, hearing titled "Developments in China's Nuclear and Cyber Programs". See, notice in the Federal Register, Vol. 77, No. 49, Tuesday, March 13, 2012, at Pages 14859-14860.

Saturday, March 24

9:00 AM - 2:30 PM. The DC Bar Association will host an event titled "Youth Law Fair. Privacy Awareness: Managing Social Media Networks". This free event is intended for students and parents. Registration closed by early February. The speakers will be Judge Melvin Wright (DC Superior Court), Curtis Etherly (Coca-Cola), and Marsali Hankcock (iKeepSafe). See, DC Bar notice and registration page. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. Location: DC Superior Court, Room 3300, 500 Indiana Ave., NW.

Monday, March 26

The House will meet. Votes will be postponed until 6:30 PM.

9:00 AM - 3:00 PM. The U.S. China Economic and Security Review Commission will hold a hearing titled "Developments in China's Nuclear and Cyber Programs". The deadline to submit written statements is March 23. See, notice in the Federal Register, Vol. 77, No. 49, Tuesday, March 13, 2012, at Pages 14859-14860. Location: Hylton Performing Arts Center, 10960 George Mason Circle, Manassas, VA.

POSTPONED. 12:30 - 2:00 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "The Impact of the New Legislation on Public Safety Communications". Location: Harris Corporation, Suite 850E, 600 Maryland Ave., SW.

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its request for comments in its wide ranging private sector data privacy inquiry. The NTIA seeks comments regarding "substantive consumer data privacy issues that warrant the development of legally enforceable codes of conduct, as well as procedures to foster the development of these codes". See, notice in the Federal Register, Vol. 77, No. 43, Monday, March 5, 2012, at Pages 13098-13101.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) on Census Block Eligibility Challenges to the FCC's February 2, 2012, Public Notice (DA 12-121) regarding Auction 901 (AU Docket No. 12-25), scheduled to begin on September 27, 2012. This is the FCC's reverse auction to give $300 Million in universal service subsidies to carriers that commit to provide 3G or better mobile voice and broadband services where such service is unavailable. The FCC calls this expansion of universal service programs "Mobility Fund Phase I Support". See also, FCC's February 2, 2012, Public Notice (DA 12-121), and notice in the Federal Register (FR), Vol. 77, No. 28, Friday, February 10, 2012, at Pages 7152-7162; FCC's February 10, 2012, Public Notice (DA 12-187), and notice in the FR, Vol. 77, No. 33, Friday, February 17, 2012, at Pages 9655-9656; and FCC's February 16, 2012, Public Notice (DA 12-236) extending comment deadlines, extension notice in the FR, Vol. 77, No. 37, Friday, February 24, 2012, at Pages 11115-11116.

Deadline to submit nominations to the Department of Commerce's (DOC) International Trade Administration (ITA) for membership on the U.S.-India CEO Forum. See, notice in the Federal Register, Vol. 77, No. 28, Friday, February 10, 2012, at Pages 7132-7133. This notice does not set a deadline date. Rather it states, "45 days after publication of this Notice".

Tuesday, March 27

9:00 AM - 5:00 PM. Day one of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). The agenda includes an update on Exascale computing and the Magellan Report for Cloud Computing in Science [170 pages in PDF]. See, notice in the Federal Register, Vol. 77, No. 42, Friday, March 2, 2012, at Page 12823. Location: American Geophysical Union (AGU), 2000 Florida Ave., NW.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Oversight and Investigations will hold a hearing titled "IT Supply Chain Security: Review of Government and Industry Efforts". See, notice. Location: Room 2123, Rayburn Building.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "Fostering the U.S. Competitive Edge". See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Judiciary Committee's (SJC) Subcommittee on Immigration, Refugees and Border Security will hold a hearing titled "The Economic Imperative for Promoting International Travel to the United States". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:15 - 1:45 PM. The Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) will host a lunch will host an event titled "The Road Ahead for Spectrum". It will address the spectrum provisions of HR 3630, [LOC | WW], which President Obama signed into law on February 22, 2012. See, stories titled "House and Senate Negotiators Reach Agreement on Spectrum Legislation", "Summary of Spectrum Bill", and "Reaction to Spectrum Bill" in TLJ Daily E-Mail Alert No. 2,339, February 17, 2012, and story titled "Obama Signs Spectrum Bill into Law" in TLJ Daily E-Mail Alert No. 2,345, February 23, 2011. The speakers will be Bill Lake (Chief of the FCC's Media Bureau), Rick Kaplan (Chief of the FCC's Wireless Telecommunications Bureau), Jennifer Manner (Deputy Chief of the FCC's Public Safety & Homeland Security Bureau), Karl Nebbia (Associate Administrator of the NTIA's Office of Spectrum Management), and Mark Brennan (Hogan Lovells). The price to attend is $17. Lunch will be served. Registrations and cancellations due by 12:00 NOON on Friday, March 23, 2012. The FCBA states that this is an FCBA event. Location: Wiley Rein, 1776 K St., NW.

2:00 PM. The House Foreign Affairs Committee (HFAC) will meet to mark up bills, including HR 3605 [LOC | WW], the "Global Online Freedom Act of 2011". See, notice. Location: Room 2172, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host an event titled "How to Protect and Enforce Trademark Rights". The speakers will be Steven Hollman (Hogan Lovells) and Shauna Wertheim (Marbury Law Group). The price to attend ranges from $89 to $129. CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

Wednesday, March 28

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Transforming Higher Education with IT". The speakers will be Robert Atkinson (ITIF), Stephen Ruth (George Mason University's School of Public Policy), and Steve Crawford (George Washington University's Institute of Public Policy). See, notice. Location: ITIF/ITIC: Suite 610, 1101 K St., NW.

9:00 AM - 12:00 NOON. Day two of a two day meeting of the Department of Energy's (DOE) Advanced Scientific Computing Advisory Committee (ASCAC). The agenda includes an update on Exascale computing and the Magellan Report for Cloud Computing in Science [170 pages in PDF]. See, notice in the Federal Register, Vol. 77, No. 42, Friday, March 2, 2012, at Page 12823. Location: American Geophysical Union (AGU), 2000 Florida Ave., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host a lunch. The speaker will be Jamie Barnett, Chief of the FCC's Public Safety and Homeland Security Bureau. Registration is required by Wednesday, March 21. Location: Monet Ballroom, L’Enfant Plaza Hotel, 480 L'Enfant Plaza, SW.

1:00 - 2:00 PM. The National Science Foundation's (NSF) National Science Board's (NSB) Committee on Strategy and Budget Task Force on Data Policies will meet to discuss "data policies". The meeting will be teleconferenced. See, notice in the Federal Register, Vol. 77, No. 50, Wednesday, March 14, 2012, at Page 15141. Location: Federal Register, Vol. 77, No. 50, Wednesday, March 14, 2012, at Page 15141. Location: 4201 Wilson Blvd., Arlington, VA.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, Vol. 77, No. 42, Friday, March 2, 2012, at Page 12839. Location: FCC, 445 12th St., SW.

2:00 PM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services and General Government will hold a hearing on the FY 2013 budget for the Judiciary. See, notice. Location: Room 2359, Rayburn Building.

2:30 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Oversight and Investigations will hold a hearing titled "The Price of Public Diplomacy with China". The witnesses will be Steven Mosher (Population Research Institute), Kai Chen, and Greg Autry. See, notice. Location: Room 2172, Rayburn Building.

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