8/3. The Department of State (DOS) submitted to the International Telecommunications Union (ITU) a filing [6 pages in PDF] titled "Proposals for the Work of the Conference". It contains the US proposals for changes to the International Telecommunications Regulations (ITR).

The ITU will host the World Conference on International Telecommunications (WCIT) on December 3-14, 2012, in Dubai, United Arab Emirates. See, WCIT web site.

The DOS wrote that the US opposes "overburdening the telecommunications sector with unnecessary and intrusive regulation", and favors the existing "multi-stakeholder" approach to internet government over "a formal regulatory regime".

This filing states that "the Internet has evolved to operate in a separate and distinct environment that is beyond the scope or mandate of the ITRs or the International Telecommunication Union. Specifically, it emerged from multi-stakeholder organizations such as the Internet Society, the Internet Engineering Task Force (IETF), the World Wide Web Consortium (W3C), the Regional Internet Registries (RIRs), and the Internet Corporation for Assigned Names and Numbers (ICANN). These organizations have played a major role in designing and operating the Internet and have succeeded by their very nature of openness and inclusiveness."

The US "will not support proposals that would increase the exercise of control over Internet governance or content. The United States will oppose efforts to broaden the scope of the ITRs to empower any censorship of content or impede the free flow of information and ideas. It believes that the existing multi-stakeholder institutions, incorporating industry and civil society, have functioned effectively and will continue to ensure the continued vibrancy of the Internet and its positive impact on individuals and society."

The US proposes "Minimal changes to the preamble of the ITRs" and "Alignment of the definitions in the ITRs with those in the ITU Constitution and Convention, including no change to the definitions of telecommunications and international telecommunications service".

The US "opposes adding provisions to the ITRs that can be interpreted to restrict the choices available to governments in regulating their national telecommunications regimes. If the ITRs are to promote telecommunications development in an enduring manner, they must remain flexible enough to allow for rapid technological change and the evolution of new business models and consumer-oriented services."

Federal Communications Commission (FCC) Chairman Julius Genachowski stated in a release that he supports the DOS filing. He wrote that "The proposals by some countries to restrict the free flow of information online would threaten one of the most powerful engines for global economic growth and the spread of democracy in the 21st century. As today’s U.S. contribution makes clear, the WCIT must embrace the successes of the last two decades of liberalization in telecommunications regulation and the existing multi-stakeholder model of Internet governance to ensure continued investment and growth of the Internet around the globe."

On August 2, the House passed HConRes 127 regarding this upcoming WCIT. See, stories titled "House Approves Resolution Opposing International Internet Regulation" and "Ambassador Kramer Addresses Upcoming WCIT" in TLJ Daily E-Mail Alert No. 2,420, August 4, 2012.

Also on August 2, FCC Commissioner Ajit Pai released a statement in which he praised this House resolution. He wrote that "the multi-stakeholder, non-governmental model of Internet governance ... has served us well." He added that "all American policymakers stand together on a bipartisan basis to oppose international regulation of the Internet."

Google's Vint Cerf wrote a short piece titled "Google Applauds Bipartisan Resolution Opposing Increased International Regulation of the Internet" and dated August 2.

8/3. Federal Communications Commission (FCC) Chairman Julius Genachowski appointed Scott Harris and Diane Cornell as Chair and Vice Chair of the FCC's Advisory Committee for the 2015 World Radiocommunication Conference, or WRC-15. Alex Roytblat will again direct the FCC's WRC-15 preparatory activities and serve as the Designated Federal Official to the advisory committee.

Harris has been SVP and General Counsel of Neustar since March of 2011. Before that he was General Counsel at the Department of Energy (DOE). He founded the telecom law firm of Harris Wiltshire & Grannis (now Wiltshire & Grannis) in 1998. Before that, he was Chief of the FCC's International Bureau.

Cornell is VP for Government Relations at Inmarsat. Before that, she worked for the CTIA. And before that, she held numerous positions at the FCC.

Roytblat is Assistant Chief FCC's IB's Strategic Analysis and Negotiations Division. See, FCC release.

The WRC-15 Advisory Committee will hold its first meeting on Thursday, August 9, 2012, at 9:00 AM in the FCC's Commission Meeting Room. See, notice.

8/3. The Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rulemaking (NPRM) [57 pages in PDF] regarding its cable television technical rules. See also, FCC release.

This item states that "we propose to update our cable television technical rules to facilitate the cable industry’s widespread transition from analog to digital transmission systems. Specifically, we seek comment on our proposals to modernize and modify the Commission’s proof-of-performance rules and basic signal leakage performance criteria." (Footnotes omitted.)

It adds that "we propose modifications throughout Part 76 to remove outdated language, correct citations, and make other minor or non-substantive updates."

This NPRM is FCC 12-86 in MB Docket No. 12-217. Initial comments will be due 60 days after publication of a notice in the Federal Register (FR). Reply comments will be due with 90 days of such publication. The FCC has not yet published this FR notice.

8/3. The Federal Communications Commission (FCC) adopted and released an item [73 pages in PDF] regarding wireless microwave backhaul facilities. It is titled "Second Report and Order, Second Further Notice of Proposed Rulemaking, Second Notice of Inquiry, Order on Reconsideration, and Memorandum Opinion and Order". See also, FCC release.

FCC Chairman Julius Genachowski wrote in his statement that "wireless backhaul is often a very efficient means of transmitting data among cell sites, or between cell sites and network backbones. Spectrum, in other words, can be an important part of the ``middle mile´´ of broadband networks."

He said that this item "grants wireless backhaul providers the flexibility to use smaller antennas; updates the Commission’s efficiency standards to reflect today’s data-centric world; introduces a Microwave Rural Flexibility Policy; and permits higher capacity links, enabling faster data rates".

FCC Commissioner Ajit Pai wrote in his statement that "two of the FCC’s top priorities should be removing regulatory barriers to infrastructure investment and broadening the stock of spectrum available for commercial broadband use." And, he said, this item accomplishes both.

The FCC also seeks comments in response to the Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) portions of this item. This item considers accommodating new types of antennas to reflect advances in technology, and proposes to allow smaller antennas in an additional microwave band.

FCC Commissioner Robert McDowell praised this item in his statement and added that "I look forward to learning about additional opportunities to pare back even more long-standing and outdated regulations through the notice of proposed rulemaking and notice of inquiry."

This item is FCC 12-87 in WT Docket No. 10-153 and RM-11602. Initial comments regarding the NPRM and NOI portions of this item will be due 30 days after publication of a notice in the Federal Register (FR). Reply comments will be due with 45 days of such publication. The FCC has not yet published this FR notice.

8/3. Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau adopted and released an Order [7 pages in PDF] that grants several waivers of the April 7, 2012 deadline to have the capability to receive and transmit Commercial Mobile Alert System (CMAS) alerts. This order is DA 12-1267 in PS Docket No. 07-287 and PS Docket No. 08-146.

8/3. The Federal Communications Commission (FCC) set deadlines for comments in response to its Further Notice of Proposed Rulemaking (NPRM) [59 pages in PDF] regarding the 4940-4990 MHz (4.9 GHz) public safety band. The FCC adopted and released this FNPRM on June 13, 2012. It is FCC 12-61 in WP Docket No. 07-100, PS Docket No. 06-229, WT Docket No. 06-150. The deadline to submit initial comments is October 1. The deadline to submit reply comments is October 30. See, notice in the Federal Register, Vol. 77, No. 148, Wednesday, August 1, 2012, Pages 45558-45571. See also, August 3 Public Notice (DA 12-1268).

8/3. The Copyright Royalty Board (CRB) published a notice in the Federal Register (FR) that requests comments regarding (1) a motion of Phase I claimants for partial distribution in connection with the 2010 satellite royalty funds, and (2) the existence of Phase I and Phase II controversies with respect to the distribution of 2010 satellite royalty funds. The deadline to submit comments is September 4, 2012. See, FR, Vol. 77, No. 150, Friday, August 3, 2012, at Page 46526.

8/3. The Copyright Royalty Board (CRB) published a notice in the Federal Register (FR) that requests comments regarding (1) a motion of Phase I claimants for partial distribution in connection with the 2010 cable royalty funds, and (2) the existence of Phase I and Phase II controversies with respect to the distribution of 2010 cable royalty funds. The deadline to submit comments in September 4, 2012.

The House will not meet, except for pro forma sessions, until September 10.

The Senate will not meet, except for pro forma sessions, until September 10.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Accenture Global Services v. Guidewire Software, App. Ct. No. 2011-1486, an appeal from the U.S. District Court (NDCal) in a patent infringement case. Location: Courtroom 201.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (NPRM) [182 pages in PDF] regarding its collection of universal service taxes. The FCC adopted this item on April 27, 2012, and released the text on April 30. It is FCC 12-46 in WC Docket Nos. 06-122 and GN Docket No. 09-51. See, notice in the Federal Register, Vol. 77, No. 110, Thursday, June 7, 2012, at Pages 33896-33944.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [22 pages in PDF] regarding creating a Do-Not-Call registry for public safety answering points (PSAPs). The FCC adopted this item on May 21, 2012, and released the text on May 22. It is FCC 12-56 in CG Docket No. 12-129. See, notice in the Federal Register, Vol. 77, No. 120, Thursday, June 21, 2012, Pages 37362-37367.

The Senate will meet at 11:00 AM in pro forma session.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Trans Video Electronics v. Sony Electronics, App. Ct. No.2012-1110, an appeal from the U.S. District Court (NDCal) in a patent infringement case involving video distribution technology, D.C. No. 09-civ-3304. Location: Courtroom 201.

1:30 - 3:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Congress 2.0: How is Congress Coping with the Information Revolution?". See, notice. Location: Suite 400, NAF, 1899 L St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a presentation titled "Ethics of E-Mail and Social Media". The speaker will be Thomas Spahn (McGuire Woods). The price to attend ranges from $89 to $129. Reporters are barred from attending most DC Bar events. CLE credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

No events listed.

9:00 AM. The Federal Communications Commission's (FCC) Advisory Committee for the 2015 World Radiocommunication Conference (WRC-15) will hold its first meeting. See, notice. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Northrup Grumman Computing Systems v. US, App. Ct. Nos. 2011-5124 and 2012-5044, appeals from the U.S. Court of Federal Claims. Location: Courtroom 402.

5:00 PM. Deadline to register to present comments at the President's National Security Telecommunications Advisory Committee (NSTAC) August 16 meeting. The agenda includes discussions of (1) the Nationwide Public Safety Broadband Network (NPSBN), (2) the DHS's National Cybersecurity and Communications Integration Center (NCCIC), and (3) the proposal to develop a separate out of band data network supporting communications among carriers, ISPs, vendors, and additional critical infrastructure owners and operators during a severe cyber incident that renders the internet unusable. See, notice in the Federal Register, Vol. 77, No. 146, Monday, July 30, 2012, at Pages 44641-44642.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7823 [67 pages in PDF] titled "Advanced Metering Infrastructure Smart Meter Upgradeability Test Framework".

The Senate will meet at 11:00 AM in pro forma session.

Deadline to submit written comments to the President's National Security Telecommunications Advisory Committee (NSTAC) in advance of its August 16 meeting. The agenda includes discussions of (1) the Nationwide Public Safety Broadband Network (NPSBN), (2) the DHS's National Cybersecurity and Communications Integration Center (NCCIC), and (3) the proposal to develop a separate out of band data network supporting communications among carriers, ISPs, vendors, and additional critical infrastructure owners and operators during a severe cyber incident that renders the internet unusable. See, notice in the Federal Register, Vol. 77, No. 146, Monday, July 30, 2012, at Pages 44641-44642.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-76-2 [57 pages in PDF] titled "Biometric Data Specification for Personal Identity Verification".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft FIPS-201 -2 [89 pages in PDF] titled "Personal Identity Verification (PIV) of Federal Employees and Contractors".

The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host an event titled "3rd Annual End of Summer Rooftop BBQ". The price to attend is $15. Registrations and cancellations are due by 4:00 PM. on August 8. See, notice. For more information contact Justin Faulb at faulbjl at gmail dot com, Delara Derakhshani at delara dot derakhshani at gmail dot com, or Brendan Carr at BrendanTCarr at gmail dot com. Location: undisclosed.

5:00 PM. Deadline to submit initial comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) regarding its proposed rules that implement the provision of the Satellite Television Extension and Localism Act of 2010 (STELA) that allows copyright owners to audit certain Statements of Account filed with the CO. See, FR, Vol. 77, No. 115, Thursday, June 14, 2012, at Pages 35643-35652. See also, story titled "Copyright Office Issues Proposed STELA Rules Regarding Auditing Statements of Account" in TLJ Daily E-Mail Alert No. 2,398, June 18, 2012.

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