9/28. The Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rulemaking (NPRM) [50 pages in PDF] regarding spectrum aggregation limits and analyzing spectrum holdings.

In 2001 the FCC ended its spectrum aggregation limits, or spectrum caps. Since then, the FCC has engaged in case by case analysis of transactions that involve spectrum licenses. This NPRM asks whether the FCC should exhume its spectrum cap regulation. It also proposes new attribution rules, and asks questions about the spectrum screen, and other issues.

This NPRM contains the text of proposed rules, but only on the one issue of attribution of spectrum holdings. This NPRM contains no proposed rules regarding spectrum aggregation limits, or regarding what spectrum is to be included in the analysis.

That is, except for the attribution issue, this notice bears the attributes of a notice of inquiry (NOI). A NOI would be followed later by a NPRM. This mischaracterization has procedural consequences. By not issuing a NOI, the FCC could adopt rules without adopting and seeking comment on a second notice -- a NPRM. The FCC could, for example, adopt rules in this proceeding at the same time that it adopts rules governing incentive auctions.

Moreover, this proceeding and the incentive auctions proceeding are related. If the FCC were to adopt new spectrum caps, or tighten the spectrum screen, this would not only affect wireless companies that might bid on and acquire spectrum in the incentive auctions -- it could also decrease spectrum revenues, and hence, disbursements to broadcasters, and to build the public safety broadband network.

This NPRM states that "we seek comment on retaining or modifying the current case-by-case analysis used to evaluate mobile spectrum holdings in the context of transactions and auctions, as well as on bright-line limits advocated by some providers and public interest groups. In addition, we seek comment on updating the spectrum bands that should be included in any evaluation of mobile spectrum holdings and whether to make distinctions between different bands. We also take a fresh look at geographic market analysis and other implementation issues such as attribution rules, remedies, and possible transition issues."

FCC Chairman Julius Genachowski wrote in his statement that "we're open to all ideas and are not prejudging the outcome".

FCC Commissioner Mignon Clyburn wrote in her statement that "we must also review our spectrum aggregation policies to facilitate access, by all providers, to valuable spectrum resources".

FCC Commissioner Robert McDowell wrote in his statement that the wireless industry has thrived since 2001 termination of spectrum caps, and consumers and the economy have benefited. He added that "I am further concerned that significant language in the Commission’s most recent Wireless Competition and Section 706 reports, coupled with recent important comments doubting the benefits of usage-based pricing, or what I call “pricing freedom,” are creating a mosaic of evidence that increasingly points to greater regulation of the wireless industry."

He wrote that "Our light touch regulatory policy for mobile technologies, which includes the case-by-case analytical structure for spectrum, has enabled our wireless sector to flourish and continue to lead the world. I am hopeful that the Commission will not put all of this positive and constructive progress at risk as we explore the myriad options outlined in this notice."

FCC Commissioner Ajit Pai wrote in his statement that "Our spectrum screen currently fails to account for all spectrum suitable for mobile broadband. This includes spectrum in the Broadband Radio Service (BRS) and Educational Broadband Service (EBS) that companies like Clearwire are using today to provide 4G service across America. And our approach to spectrum attribution assumes that one company gains de facto control of another even if it holds no more than 10% equity. Together, these factors ensure that our current process for evaluating spectrum holdings consistently understates competition in the marketplace."

He also argued that "Our approach to evaluating carriers’ spectrum holdings creates needless regulatory uncertainty. As carriers plan their investments to meet consumer demand, they need to know the rules of the road, namely, which purchases will trigger the spectrum screen and which won’t.

He also wrote that "It is critical that the incentive auction be a success, and that, in turn, requires vigorous participation and competition for spectrum in the forward auction. I am thus skeptical of any steps that would depress participation in the auction, such as tightening the spectrum screen, adopting a hard cap on spectrum holdings, or imposing requirements that would enable the Commission to second-guess how wireless operators run their networks and thus reduce the value of spectrum. I am particularly concerned about two consequences that would likely result. First, constricting the spectrum screen will be bad for public safety. ... the more money we raise through that auction, the more money that will become available for the First Responder Network Authority".

AT&T's Joan Marsh stated in a release that "Wireless carriers need a clear and reliable understanding of when and under what circumstances spectrum acquisitions will be permitted, something we do not have today. With today's FCC action, spectrum policy can now be taken out of merger-specific proceedings, placed in an industry-wide, open and transparent proceeding, and ultimately subjected to judicial review."

(The FCC structures its reviews of major transactions that include license transfers in a manner that evades judicial review. The FCC withholds its approval, often for over a year, until the transacting parties agree to the FCC's conditions. By agreeing, they loose standing to seek judicial review.)

Marsh also urged the importance of "maximizing carrier participation in auctions to ensure that they are successful."

The Public Knowledge's (PK) John Bergmayer stated in a release that the spectrum screen is "a tool that is supposed to prevent just one or two licensees from acquiring too much spectrum in a given market. The current screen is outdated -- its biggest flaw being that it treats all spectrum alike, even though some spectrum bands are better-suited to mobile broadband than others. And the current screen has been ineffective as a tool to prevent concentration, as the last few years have seen Verizon and AT&T build up an ever-growing ``spectrum gap´´ between them and their nearest competitors. It would do little to promote wireless competition if AT&T or Verizon simply acquired the new spectrum that becomes available under the incentive auction process, so it makes sense for the Commission to revisit its screen now."

Free Press's (FP) Matt Wood stated in a release that "As competition dwindles and prices for wireless service increase, the Commission has an opportunity to propel competition and innovation forward. Failing to seize these opportunities would further cement Verizon and AT&T as entrenched duopoly providers."

Wood added the "Despite alarmist predictions, the U.S. is not facing a spectrum crisis; it's facing a spectrum allocation and competition crisis. The FCC must acknowledge that for too long the biggest companies have stifled competition by buying up large swaths of the nation’s most valuable spectrum. A more rational screen can ensure the nation’s airwaves are distributed equitably, helping to drive down prices and increase quality of service."

Initial comments will be due 45 days after publication of a notice in the Federal Register (FR). Reply comments will be due within 75 days. As of the October 1, 2012 issue of the FR, this notice had not yet been published. This NPRM is FCC 12-119 in WT Docket No. 12-269.

See also, the 2001 NPRM (FCC 01-28) and Report and Order (FCC 01-328), in WT Docket No. 01-14. For TLJ coverage of that proceeding, see stories titled:

• "Spectrum Caps" in TLJ Daily E-Mail Alert No. 166, April 16, 2001.
• "NTIA Urges FCC to End Spectrum Caps" in TLJ Daily E-Mail Alert No. 294, October 25, 2001.
• "Rep. Stearns Introduces Spectrum Caps Bill" in TLJ Daily E-Mail Alert No. 230, July 19, 2001.
• "FCC to Phase Out CMRS Spectrum Cap" in TLJ Daily E-Mail Alert No. 305, November 9, 2001.
• "Powell Appoints Nancy Victory to WRC-07 Post" in TLJ Daily E-Mail Alert No. 761, October 20, 2003.

9/28. The Federal Communications Commission (FCC) adopted, but did not release, a Notice of Proposed Rulemaking (NPRM) regarding incentive auctions. The FCC released only a short release, and each of the five commissioners released a statement.

FCC Chairman Julius Genachowski wrote in his statement that "This is a big deal. Today, the U.S. becomes the first nation in the world to launch incentive auctions -- a new paradigm in spectrum policy that uses market forces to repurpose beachfront spectrum for licensed and unlicensed wireless broadband. The world is watching. As Japan's Nikkei Weekly wrote recently, ``Japan can learn from the incentive auction system adopted by the U.S. government.´´"

Rep. Greg Walden (R-OR), Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology, stated in a release that "we are one step closer to advancing spectrum policies this subcommittee has been championing for more than five years. If implemented well, the law has the potential to help meet Americans' hunger for mobile broadband services, generate hundreds of thousands of jobs, and raise billions of dollars toward buildout of the nationwide, interoperable public safety network called for by the 9/11 Commission. We will work with stakeholders and the FCC to try to make those goals come to fruition."

Sen. John Rockefeller (D-WV) stated in a release that "Today's action by the FCC moves us yet another step closer to creating a truly nationwide, interoperable public safety broadband network for our first responders ... When we authorized voluntary incentive auctions to fund the public safety network earlier this year, Congress recognized the dual benefit of promoting innovative spectrum policy and providing funding for next-generation public safety communications. I know that developing the rules for the incentive auctions will be a complex process, but I am optimistic that broadcasters, wireless companies, and others will work cooperatively with the FCC to make sure these auctions are successful.”

The Congress enacted HR 3630, [LOC | WW], the "Middle Class Tax Relief and Job Creation Act" in February. This bill, among other things, gives the FCC authority to conduct incentive auctions.

An incentive auction provides for the sharing of spectrum auction proceeds with the licensees who voluntarily relinquish that spectrum. It provides a financial incentive for television broadcasters and other licensees to relinquish some of their spectrum. Auction proceeds will also be used to construct a public safety broadband network.

See also, 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, story titled "House and Senate Pass Spectrum Bill" in TLJ Daily E-Mail Alert No. 2,340, February 18, 2012, and story titled "Obama Signs Spectrum Bill into Law" in TLJ Daily E-Mail Alert No. 2,345, February 23, 2012.

CTIA's Steve Largent release this is "an important step toward alleviating the looming spectrum crisis that we’ve been warning policymakers about for the last three years."

"We also commend the Commission for working to ensure that it not only establishes rules that result in a successful auction, but also completes its efforts in a timely manner. In order to maintain our global leadership in the mobile ecosystem, we must ensure that this spectrum is brought to market more quickly than the almost ten years it took to bring the last two spectrum blocks to market."

The Consumer Electronic Association's (CEA) Julie Kearney stated in a release that "Additional spectrum is not only key to our national competitiveness, but also needed for creating jobs and spurring economic growth. The FCC’s adoption of this critical spectrum item is great step forward toward unleashing countless innovative products and services that rely on our nation’s valuable spectrum resources."

This NPRM is FCC 12-118 in GN Docket No. 12-268.

Unlicensed Use. Allocating relinquished spectrum for unlicensed use would not generate revenue for either the public safety broadband network or broadcasters. It would create disincentives for relinquishing spectrum.

HR 3630, at Section 6407, provides that the FCC may use "relinquished or other spectrum to implement band plans with guard bands". However, "guard bands shall be no larger than is technically reasonable to prevent harmful interference between licensed services outside the guard bands".

Then, Section 6407 provides that the FCC may permit the use of certain guard bands for unlicensed use, subject to the limitation that it "may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services".

The FCC's release states that "This proceeding also offers the possibility of unique benefits to entrepreneurs and innovators of unlicensed spectrum for game-changing applications like next-generation Wi-Fi."

It also states that "We invite comment on measures that would make a substantial amount of spectrum available for unlicensed uses, including a significant portion that would be available on a uniform nationwide basis for the first time. Television white spaces will continue to be available for unlicensed use in the repacked television band. In addition, we seek comment on making the guard bands spectrum in the 600 MHz band plan available for unlicensed use, making channel 37 available for such use, and making two channels currently designated for wireless microphone use available for white space devices."

Rep. Henry Waxman (D-CA), the ranking Democrat on the HCC, praised the NPRM in a release, and added that "I am pleased that the FCC's action today is faithful to Congressional intent and aims to promote unlicensed use as well as the innovation that will surely follow."

The Public Knowledge's (PK) John Bergmayer stated in a release that "The Commission should be commended for recognizing that unlicensed, as well as licensed, uses of spectrum are essential for promoting wireless broadband use. Unlicensed, cheap WiFi hotspots in homes, business, and coffee shops have been as important as billion-dollar cellular buildouts in promoting mobile access."

Free Press's (FP) Matt Wood stated in a release that "it's imperative that ... competitors, innovators and entrepreneurs alike to have access to licensed and unlicensed spectrum."

9/17. The Public Knowledge (PK) filed an amicus curiae brief [28 pages in PDF] with the U.S. District Court (CDCal) in Fox v. DISH.

Fox, ABC, CBS, and NBC filed their complaint on May 24, 2012, alleging direct copyright infringement by the Dish Network. It states that the TV networks licensed Dish to retransmit primetime network programming, but that DISH "launched it own bootleg broadcast video-on-demand service called PrimeTime Anytime that is available to top-tier DISH subscribers who lease the Hopper set top box from DISH. Once enable, PrimeTime Anywhere makes an unauthorized copy of the entire primetime broadcast schedule for all four" networks. And, DISH operates this service "so that the copies it makes are viewable commercial free".

The PK wrote that "Fox may have sued DISH, but its real target is the wallet of the ordinary television viewer. It wants to take away the home recording rights that all viewers enjoy, so that it can sell back to them the ability to watch programs ``on demand.´´ It wants rights that go beyond what the Copyright Act gives it, attempting to assert control, not only over the commercial exploitation of its programs, but also over the manner in which consumers enjoy them in their homes."

The PK added that "To do this it puts forth several specious arguments. It attempts to erase the long-settled distinction between direct and secondary copyright infringement in an attempt to portray its anti-consumer lawsuit as a business dispute. It is no doubt inconvenient for Fox that, by accusing DISH of copyright infringement, it is accusing millions of ordinary viewers, whether or not they are DISH subscribers and whether or not they use DISH’s Hopper, of infringement as well."

The complaint also alleges secondary copyright infringement, breach of the retransmission consent agreement, and breach of the implied covenant of good faith.

This case is Fox Broadcasting Company, Inc., et al.  v. DISH Network LLC, et al., U.S. District Court for the Central District of California, D.C. No. CV12-04529-DMG (SHx).

9/27. The US's Department of Justice (DOJ) and Federal Trade Commission (FTC) entered into a Memorandum of Understanding on Antitrust Cooperation [4 pages in PDF] with India's Ministry of Corporate Affairs (MCA) and Competition Commission of India (CCI) regarding enhancing "the effective enforcement of their competition laws by creating a framework that provides for enforcement cooperation between the U.S. and Indian competition authorities". This memorandum states that "It is understood that the U.S. and Indian competition authorities do not intend to communicate information to the other if such communication is prohibited by the laws governing the agency possessing the information or would be incompatible with that agency's interest." It also states that "In so far as information is communicated, the recipient should, to the extent consistent with its laws, maintain the confidentiality of any such information communicated to it in confidence."

9/24. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the DVD Copy Control
Association (DVD CCA) filed a notification of a change in its membership, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, FR, September 24, 2012, Vol. 77, No. 185, at Page 58870.

9/24. The Department of Justice's (DOJ) Antitrust Division published a notice in the Federal Register (FR) that announces that the Connected Media Experience, Inc. filed a notification of a change in its membership, pursuant to the National Cooperative Research and Production Act of 1993, which pertains to limiting antitrust liability of standard setting consortia. See, FR, September 24, 2012, Vol. 77, No. 185, at Page 58870.

9/21. Joseph Wayland, acting Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division gave a speech titled "Antitrust Policy in the Information Age: Protecting Innovation and Competition".

9/20. The U.S. District Court (NDCal) sentenced AU Optronics Corporation to pay a fine of $500 Million, in connection with its participation in a price fixing conspiracy by manufacturers of thin film transistor liquid crystal displays (TFT-LCD). In addition, Hsuan Bin Chen and Hui Hsiung were sentenced to serve three years in prison and to pay $200,000 fines. The Department of Justice's (DOJ) Antitrust Division (AD) had sought a fine of $1 Billion for AU Optronics and longer prison terms for the former executives. See, story titled "DOJ Seeks Billion Dollar Fine and 10 Year Prison Sentences in LCD Price Fixing Case" in TLJ Daily E-Mail Alert No. 2,447, September 13, 2012.

9/28. President Obama named Verizon's John Stratton to be a member of the President's National Security Telecommunications Advisory Committee. See, White House news office release.

9/19. John Legere was named CEO of T-Mobile USA. He replaces Jim Alling, who was acting CEO, and will return to his position as COO. See, release.

The House will meet at 11:00 AM in pro forma session. It is in recess, except for pro forma sessions, until after the November elections.

The Senate will meet at 10:00 AM in pro forma session. It is in recess, except for pro forma sessions, until November 13, 2012.

10:30 AM - 12:00 NOON. The Federal Communications Commission (FCC) may hold an event titled "Open Meeting". See, FCC tentative agenda and story titled "FCC Releases Tentative Agenda for September 28 Meeting" in TLJ Daily E-Mail Alert No. 2,443, September 7, 2012. Location: FCC, Commission Meeting Room (Room TW-C305), 445 12th St., NW.

12:00 NOON - 2:00 PM. The Tech Freedom (TF) will host a panel discussion titled "Should the FTC Sue Google Over Search?" The speakers will be Eric Clemons (University of Pennsylvania business school), Allen Grunes (Brownstein Hyatt), Glenn Manishin (Troutman Sanders) and Geoffrey Manne (Lewis & Clark law school). The TF will webcast this event. See, notice and registration page. Location: Monocle Restaurant, 107 D St.,  NE.

12:15 - 1:45 PM. The New America Foundation (NAF) will host a panel discussion titled "Fair Play: The State of Competition in the Business Broadband Marketplace". The speakers will be Michael Copps, Chip Pickering (Broadband Coalition), Gene Kimmelman (Global Partners), Todd Thibodeaux (CompTIA), Joseph Gillan (Gillan Associates), and Michael Calabrese (NAF). See, notice. Location: NAF, Suite 400, 1899 L St., NW.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Intellectual Property Committee will host a brown bag lunch regarding the Aereo service, and the public performance rights and reproduction rights of broadcasters. See, complaint [36 pages in PDF] filed on March 1, 2012, in the U.S. District Court (SDNY) in WNET v. Aereo, D.C. No. 1:12-cv-01543-AJN. The District Court issued its opinion [PDF] on July 11 denying the plaintiffs' motion for a preliminary injunction, citing the U.S. Court of Appeals' (2ndCir) 2008 opinion in Cartoon Network v. CSC Holdings, 536 F.3d 121. See, story titled "2nd Circuit Reverses in Remote Storage DVR Copyright Case" in TLJ Daily E-Mail Alert No. 1,806, August 5, 2008. The speakers will be David Wittenstein (Dow Lohnes), Robert Garrett (Arnold & Porter), and Seth Davidson (Edwards Wildman). Location: Wilkinson Barker Knauer, Suite 700, 2300 N St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rule Making (FNPRM) [67 pages in PDF] regarding Medical Body Area Network (MBAN) coordinators for the 2360-2390 MHz band. The FCC adopted and released this item on May 24, 2012. It is 12-54 in ET Docket No. 08-59. See, notice in the Federal Register, Vol. 77, No. 143, Wednesday, July 25, 2012, at Pages 43567-43570.

Deadline to submit comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) in response to its July 31, 2012 Public Notice that requests comment on a proposed survey of urban rates for fixed voice and fixed broadband residential services. That DA 12-1199 in WC Docket No. 10-90. See, notice in the Federal Register, Vol. 77, No. 168, August 29, 2012, at Pages 52279-52292.

Deadline to submit comments to the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) in advance of its October 4 meeting of its Commerce Spectrum Management Advisory Committee (CSMAC). See, notice in the Federal Register, Vol. 77, No. 158, August 15, 2012, at Pages 48968-48969. See also, story titled "Spectrum Management Advisory Committee to Meet" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012.

The House will not meet. It is in recess, except for pro forma sessions, until after the November elections.

The Senate will not meet. It is in recess, except for pro forma sessions, until November 13, 2012.

10:00 AM. The Federal Communications Commission's (FCC) WRC-15 Advisory Committee will meet. See, notice in the Federal Register, Vol. 77, No. 177, September 12, 2012, at Pages 56207-56208. Location: FCC, Commission Meeting Room (Room TW-C305), 445 12th St., SW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) 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. 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).

Deadline to submit initial comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) in response to its Fourth Further Notice of Proposed Rulemaking regarding establishing and implementing a reconfigured 800 MHz channel plan along the U.S. Mexico border. The PSHSB released its Public Notice [31 pages in PDF] on August 17, 2012. It is DA 12-1343 in WT Docket No. 02-55. See also, August 31 Public Notice, and notice in the Federal Register, Vol. 77, No. 169, August 30, 2012, at Pages 52633-52636.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Media Bureau (MB) regarding TiVo's petition [15 pages in PDF] for waiver and clarification of the FCC's rules regarding set top boxes, codified at 47 C.F.R. § 76.640(b)(4)(iii). See, notice in the Federal Register, Vol. 77, No. 173, September 6, 2012, at Pages 54910-54911.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding the second draft of Federal Information Processing Standard 140-3, Security Requirements for Cryptographic Modules. See, notice in the Federal Register, Vol. 77, No. 169, August 30, 2012, at Pages 52692-52693.

The House will meet at 10:00 AM in pro forma session.

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

9:00 AM - 12:00 NOON. The Department of State's (DOS) Advisory Committee on International Communications and Information Policy (ACICIP) will meet to discuss preparations for the World Conference on International Telecommunications to be held in Dubai, UAE, on December 3-14, 2012. See, notice in the Federal Register, Vol. 77, No. 162, August 21, 2012, at Page 50543. Location: Henderson Auditorium, Truman Building, DOS, 2201 C St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Silicon on Insulator Technologies SA v. MEMC Electronic Materials, Inc., App. Ct. No. 2011-1534. This is an appeal from the U.S. District Court (DDel) in a patent infringement case involving silicon wafer technology. Panel B. This is the second item of the Court's agenda. Location: Courtroom 201, National Courts Building, 717 Madison Place, NW.

RESCHEDULED FROM SEPTEMBER 14. 10:00 AM - 4:30 PM. The Securities and Exchange Commission (SEC) will host an event titled "Technology and Trading: Promoting Stability in Today's Markets". See, notice. Location: SEC, Room L-006, 100 F St., NE.

1:00 - 2:00 PM. The American Bar Association (ABA) will host a webcast and  teleconferenced panel discussion titled "Technology Amendments to the Model Rules: Answers to the Questions You Should Be Asking". The speakers will be John Barkett (Shook Hardy & Bacon), Judith Miller (Markle), and Seth Row (Parsons Farnell & Grein). Prices vary. CLE credits. See, notice.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) will host a program titled "The Changing International Regulatory Landscape". The speakers will be Jennifer Manner (Deputy Chief of the FCC's Public Safety and Homeland Security Bureau), Troy Tanner (Deputy Chief of the FCC's International Bureau), Kathryn O’Brien (Assistant Chief of the FCC's International Bureau), Cecily Holiday (Director of the Department of State's ITAC-R Communications and Information Policy Group), Laura Stefani (Goldberg Godles), Jennifer Warren (Lockheed Martin), Kent Bressie (Wiltshire & Grannis), Aspasia Paroutsas (Squire Sanders), Elvis Stumbergs (Wilmer Hale), Bill Check (NCTA), Aparna Sridhar (Google), Mike Chartier (Intel). CLE credits. Prices vary. See, agenda and notice and registration form. The deadline for registrations and cancellations is 12:00 NOON on October 1. Location: Wiley Rein, 1776 K St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ewinwin, Inc. v. Groupon, Inc., App. Ct. No. 2012-1165. This is an appeal from the U.S. District Court (MDFl) in a patent infringement case. Panel C. This is the third case on the Court's agenda. Location: Courtroom 201, National Courts Building, 717 Madison Place, NW.

10:00 AM - 3:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health
Information Technology's (ONCHIT) HIT Policy Committee will meet. See, notice in the Federal Register, Vol. 77, No. 181, September 18, 2012, at Page 57567. Location: Dupont Circle Hotel, 1500 New Hampshire Ave.,  NW.

TIME? The Office of the U.S. Trade Representative (OUSTR) will hold a public hearing to assist it in preparing its annual report to the Congress on the People's Republic of China's (PRC) compliance with its World Trade Organization (WTO) obligations. See, notice in the Federal Register, Vol. 77, No. 161, August 20, 2012, at Pages 50206-50207. See also, story titled "OUSTR to Receive Comments and Hold Hearing on PRC Compliance with WTO Obligations" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012. Location: OUSTR, Room 1, 1724 F St., NW.

12:00 NOON. The World Wide Web Consortium's (W3C) Tracking Protection Working Group will meet by teleconference. The call in number is 1-617-761-6200. The passcode is TRACK (87225).

2:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will meet. See, notice in the Federal Register, Vol. 77, No. 180, September 17, 2012, at Page 57085. Location: FCC, Commission Meeting Room, TW-C305, 445 12th St., SW.

2:00 - 4:00 PM. The National Science Foundation's (NSF) Networking and Information Technology Research and Development National Coordination Office's Large Scale Networking Coordinating Group's Middleware and Grid Interagency Coordination Team will meet. See, notice in the Federal Register, Vol. 77, No. 183, September 20, 2012, at Pages 58416. Location: NSF, 4201 Wilson Boulevard, Arlington, Virginia.

5:00 PM. Extended deadline to submit reply comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) that announces, describes, recites and requests comments on its proposed rules regarding the verification of Statements of Account and royalty payments that are deposited with the CO by cable operators and satellite carriers. See, original notice in the FR, Vol. 77, No. 115, June 14, 2012, at Pages 35643-35652, and extension notice in the FR, Vol. 77, No. 176, September 11, 2012, at Page 55783.

10:00 AM - 1:00 PM. The Department of Commerce's (DOC) National Telecommunications and Information Administration's (NTIA) Commerce Spectrum Management Advisory Committee (CSMAC) will meet. See, notice in the Federal Register, Vol. 77, No. 158, August 15, 2012, at Pages 48968-48969. See also, story titled "Commerce Spectrum Management Advisory Committee to Meet" in TLJ Daily E-Mail Alert No. 2,431, August 17, 2012. Location: DOC, Room 4830, 1401 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Comint Systems Corporation and EyeIT.com, Inc. v. USA , App. Ct. No. 2012-5039. This is an appeal from the U.S. Court of Federal Claims. Panel D. This is the second of four cases on the agenda. Location: Courtroom 201, National Courts Building, 717 Madison Place, NW.

5:00 PM. Extended deadline to submit reply comments to the Copyright Office (CO) in response to its notice in the Federal Register (FR) in which it proposes rules changes regarding the definition of a claimant for purposes of copyright registration. The CO proposes to eliminate the footnote to the definition of a claimant codified at 37 CFR § 202.3(a)(3)(ii), which provides that a claimant includes individuals or entities that have obtained the contractual right to claim legal title to copyright in an application for copyright registration. See, original notice, FR, Vol. 77, No. 96, Thursday, May 17, 2012, at Pages 29257-29259, and extension notice, FR, Vol. 77, No. 171, September 4, 2012, at Page 53829. See also, story titled "Copyright Office Proposes to Change Definition of Claimant" in TLJ Daily E-Mail Alert No. 2,386, May 30, 2012.

The Senate will meet at 1:00 PM in pro forma session.

The Department of Labor's (DOL) Bureau of Labor Statistics (BLS) is scheduled to release its September 2012 unemployment data.

8:30 - 10:00 AM. The New America Foundation (NAF) will host a book presentation. Robert Atkinson (head of the Information Technology and Innovation Foundation) will discuss his just published book [Amazon] titled "Innovation Economics: The Race for Global Advantage". See, ITIF notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ritz Camera & Image v. SanDisk, App. Ct. No. 2012-1183. This is an appeal from the U.S. District Court (NDCal), D.C. No. 10-CV-2787. At issue is whether direct purchasers have standing under the antitrust laws to recover damages for overcharges resulting from a monopoly obtained or maintained through the enforcement of patents procured by fraud. See, District Court opinion at 772 F. Supp. 2d 1100 (2011). See also, FTC/DOJ amicus curiae brief. And see, story titled "FTC/DOJ File Amicus Brief on Antitrust Standing of Direct Purchasers Who Allege Fraud Upon USPTO" in TLJ Daily E-Mail Alert No. 2,386, May 30, 2012. Panel E. This is the fourth case on the agenda. Location: Courtroom 201, National Courts Building, 717 Madison Place, NW.

12:00 NOON - 1:30 PM. The DC Bar Association will host a class titled "iPad for Lawyers". The speaker will be Tasha Coleman. Free. No CLE credits. See, notice. For more information, contact Daniel Mills at 202-626-1312. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in Federal Register (FR) requesting comments regarding its proposed changes to its rules of practice in patent cases to implement the changes to the conditions of patentability, to implement the first inventor to file system provisions of the Leahy Smith America Invents Act, and to eliminate the provisions pertaining to statutory invention registrations. See, FR, Vol. 77, No. 144, July 26, 2012, at Pages 43742-43759. See also, story titled "USPTO Announces First Inventor to File NPRM and Roundtable" in TLJ Daily E-Mail Alert No. 2,430, August 16, 2012.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice in Federal Register (FR) requesting comments regarding its proposed changes to its examination guidelines to implement the first inventor to file system provisions of the Leahy Smith America Invents Act. See, FR, Vol. 77, No. 144, July 26, 2012, at Pages 43759-43773.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-40 Rev. 3 [26 pages in PDF] titled "Guide to Enterprise Patch Management Technologies".

Columbus Day. This is a federal holiday. See, OPM list of 2012 federal holidays.

Deadline for the Federal Communications Commission (FCC) to submit its biennial report to Congress on the "Twenty-First Century Communications and Video Accessibility Act of 2010", which is also known as the CVAA.

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