10/26. The Librarian of Congress released a notice in the Federal Register (FR) that adopts the fifth set of triennial rules containing exemptions to the anti-circumvention provisions § 1201.

The Library of Congress's (LOC) Copyright Office (CO) released its report [169 pages in PDF] containing proposed rules on October 12, 2012. The final rule follows the proposals contained in this report.

The six exemptions that will be in effect for three years are as follows:

• an exemption for circumventing literary works distributed electronically, to permit blind and other persons with print disabilities to use screen readers and other assistive technologies.
• an exemption to allow jailbreaking mobile phones (but not tablets) -- that is, an exemption for circumventing computer programs on wireless telephone handsets, to enable interoperability of software applications.
• an exemption to allow unlocking mobile phones -- that is, exemption for circumventing computer programs on wireless phones that were acquired within ninety days of the effective date of the exemption, for the purpose of connecting to alternative networks.
• two related exemptions allowing the circumvention of movies on DVDs and delivered via online services, to permit the use of short portions for purposes of certain noncommercial criticism and comment.
• an exemption for circumventing movies on DVDs or distributed by online services, for the purpose of research to create players capable of rendering captions and descriptive audio for persons who are blind, visually impaired, deaf or hard of hearing.

The CO and Librarian of Congress also rejected numerous proposed exemptions.

For example, the CO and Librarian rejected a proposed exemption for "Literary works in the public domain that are made available in digital copies" advocated by the Open Book Alliance (OBA). This would have impacted Google's book digitization program. Although, the opposition came from copyright sector groups that argued that such works also often contain ancillary copyrightable elements.

The Public Knowledge (PK), a constant critic of § 1201, expressed its dismay that the CO and Librarian rejected its proposal for an exemption for circumvention of DVDs for space shifting.

These new rules take effect on October 28. The triennial rules are codified at 37 C.F.R. § 201.40.

The current, and about to expire, rules provide six exemptions:

• certain movies on DVD protected by CSC.
• certain programs that enable wireless phones to execute software applications.
• programs that enable used wireless phones to connect to a wireless telecommunications network if allowed by the network operator.
• certain video games, for the purpose of investigating or correcting security flaws.
• certain programs protected by dongles.
• e-book when all e-book editions of the work do not allow read aloud functions.

See, FR, Vol. 77, No. 208, October 26, 2012, at Pages 65260-65279.

Anti-Circumvention and Triennial Exemptions. The anti-circumvention provisions of the DMCA are codified at 17 U.S.C. § 1201, et seq. Subsection 1201(a)(1)(A) provides that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title ...".

Then, § 1201(a)(2)(A) provides that "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that --- (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;"

Furthermore, § 1201(b)(1)(A) provides that "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that --- (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; ..."

Then, Subsections 1201(a)(1)(B) through (E) provide for rulemaking proceedings conducted by the CO every three years to establish exemptions to the prohibition of (a)(1)(A) for certain non-infringing uses.

History of This Proceeding. On September 29, 2011, the CO published a Notice of Inquiry (NOI) that initiated this fifth triennial proceeding, and requested proposals for exemptions. See, notice in the Federal Register, Vol. 76, No. 189, September 29, 2011, at Pages 60398-60405. See also, story titled "Copyright Office Opens 5th Triennial Proceeding on DMCA Anti-Circumvention Exemptions" in TLJ Daily E-Mail Alert No. 2,306, September 29, 2012.

On December 20, 2011, the CO published a Notice of Proposed Rulemaking (NPRM). See, notice in the Federal Register, Vol. 76, No. 244, December 20, 2011, at Pages 78866-78868. See also, stories titled "Copyright Office Seeks Comments on Proposed Anticircumvention Exemptions" and "Summary of Proposed Exemptions to Anticircumvention Provisions § 1201" in TLJ Daily E-Mail Alert No. 2,329, January 16, 2012.

The CO then held a series of public hearings in Washington DC and Los Angeles, California, in May and June of 2012.

The CO released its recommendations for the Librarian of Congress on October 12.

The just released rules are the fifth set of triennial exemptions adopted since enactment of the DMCA in 1998. These rules take effect on October 28, 2012.

The Exemptions. The just released notice states that "Upon the recommendation of the Register of Copyrights, the Librarian has determined that the following classes of works shall be exempt from the prohibition against circumvention of technological measures set forth in Section 1201(a)(1)(A):"

First: "Literary works, distributed electronically, that are protected by technological measures which either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies, (i) when a copy of such a work is lawfully obtained by a blind or other person with a disability, as such a person is defined in 17 U.S.C. 121; provided, however, the rights owner is remunerated, as appropriate, for the price of the mainstream copy of the work as made available to the general public through customary channels; or (ii) when such work is a nondramatic literary work, lawfully obtained and used by an authorized entity pursuant to 17 U.S.C. 121."

Second: "Computer programs that enable wireless telephone handsets to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the telephone handset."

Third: "Computer programs, in the form of firmware or software, that enable a wireless telephone handset originally acquired from the operator of a wireless telecommunications network or retailer no later than ninety days after the effective date of this exemption to connect to a different wireless telecommunications network, if the operator of the wireless communications network to which the handset is locked has failed to unlock it within a reasonable period of time following a request by the owner of the wireless telephone handset, and when circumvention is initiated by the owner, an individual consumer, who is also the owner of the copy of the computer program in such wireless telephone handset, solely in order to connect to a different wireless telecommunications network, and such access to the network is authorized by the operator of the network."

Fourth and fifth: a pair of lengthy and related exemptions for motion pictures on DVDs or distributed by online services, for purposes of criticism or comment in noncommercial videos, documentary films, nonfiction multimedia ebooks offering film analysis, and for certain educational uses by college and university faculty and students and kindergarten through twelfth grade educators.

Sixth: "Motion pictures and other audiovisual works on DVDs that are protected by the Content Scrambling System, or that are distributed by an online service and protected by technological measures that control access to such works, when circumvention is accomplished solely to access the playhead and/or related time code information embedded in copies of such works and solely for the purpose of conducting research and development for the purpose of creating players capable of rendering visual representations of the audible portions of such works and/or audible representations or descriptions of the visual portions of such works to enable an individual who is blind, visually impaired, deaf, or hard of hearing, and who has lawfully obtained a copy of such a work, to perceive the work; provided however, that the resulting player does not require circumvention of technological measures to operate."

10/22. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets comment deadlines in its proceedings regarding wireless microphones.

Initial comments are due by November 21, 2012. Reply comments are due by December 12, 2012. See, FR, Vol. 77, No. 204, October 22, 2012, at Pages 64446-64450.

The FCC's Wireless Telecommunications Bureau (WTB) and Office of Engineering and Technology (OET) released a Public Notice (PN) [8 pages in PDF] on October 5, 2012, that requests that commenters refresh the record. It also asks two questions.

The FCC asks whether the FCC "should provide for a limited expansion of license eligibility that would permit some wireless microphone and other low power auxiliary station users, which currently operate in the TV broadcast spectrum on an unlicensed basis, to operate on a licensed basis under the part 74 rules applicable to low power auxiliary stations (LPAS)".

The FCC also asks "what steps the Commission should take to promote more efficient use of this spectrum by wireless microphones."

Also, the FCC asks "that these comments take into consideration recent industry developments, including advances in wireless microphone technologies, as well as related Commission proceedings that affect use of wireless microphones, including the TV White Spaces proceeding and the Incentive Auctions proceeding proposing auction of spectrum currently allocated to television broadcasting."

The FCC released this PN on October 5, 2012. It is DA 12-1570 in WT Docket Nos. 08-166 and 08-167 and ET Docket No. 10-24.

The FCC adopted its Report and Order and Further Notice of Proposed Rulemaking [103 pages in PDF] on January 14, 2010. It released the text on January 15. It is FCC 10-16 in the same three dockets.

See also, 2008 NPRM and Order (FCC 08-188) and story titled "FCC Releases NPRM on Wireless Microphones Operating in 700 MHz Band" in TLJ Daily E-Mail Alert No. 1,817, August 21, 2008.

See also, FCC web page titled "Wireless Microphones 700 MHz Band Prohibition After June 12, 2010".

10/24. The Federal Communications Commission (FCC) published a notice in the Federal Register (FR) that sets comment deadlines for its Notice of Proposed Rulemaking (NPRM) [18 pages in PDF] regarding the amateur radio service. The deadline to submit initial comments is December 24, 2012. The deadline to submit reply comments is January 22, 2012. The FCC adopted this NPRM on October 1, 2012, and released the text on October 2. It is FCC 12-121in WT Docket Nos. 12-283 and 09-209. See, FR, Vol. 77, No. 206, October 24, 2012, at Pages 64947-64949.

10/23. The Federal Communications Commission (FCC) Commissioner Mignon Clyburn gave a speech in Washington DC regarding spectrum policy.

10/23. The Federal Communications Commission (FCC) released a Notice of Apparent Liability Forfeiture (NALF) that fines Patrick Keane $608,000 for sending unsolicited faxes in violation of the Telephone Consumer Protection Act (TCPA).

10/25. Lisa Monaco, Assistant Attorney General in charge of the Department of Justice's (DOJ) National Security Division (NSD), gave a speech in Seattle, Washington, regarding cyber security. It was largely a summary of statements of federal government officials and agencies, and news reports. However, she also advocated "legislation proposed by the Administration last year".

Legislation. She did not name the titles of any proposals or pending bills. However, the Obama administration released legislative language [60 pages in PDF] on May 11, 2011.

It includes proposed amendments to 18 U.S.C. § 1030, a data breach notification mandate, provisions regarding cyber security of federal systems, amendments to the Federal Information Security Management Act of 2002, a limitation on liability for certain cyber security related actions, and a provision that authorizes disclosure to the government of lawfully intercepted or acquired cyber security related information.

However, the key section of this administration proposal (at pages 33-41) would create a broad new federal regulatory regime that would affect any business that the government designates as critical infrastructure. It is titled "Cybersecurity Regulatory Framework for Covered Critical Infrastructure Act".

Neither the House nor the Senate is considering this proposal. The House has passed a much different cyber security bill in April, which would create incentives for information sharing, but includes no new federal regulatory regime. See, HR 3523 [LOC | WW], the "Cyber Intelligence Sharing and Protection Act" or "CISPA".

The Senate failed to pass a Senate bill just before the August recess that includes a federal regulatory regime that is more vaguely worded than the Obama administration proposal. See, S 3414 [LOC | WW], the "Cybersecurity Act of 2012". And, Sen. John McCain (R-AZ) is the sponsor of a competing Senate bill that would create no new federal regulatory regime. See, S 2151 [LOC | WW], the "Secure IT Act".

Monaco also said that "we must consider what kinds of tools, investigations, and outreach we can launch now to lay the groundwork for future cyber efforts. These may be relatively simple things, like standardized protocols and established points of contact to make reporting intrusions easier. Or they may take the form of institutional relationships between the government and the private sector for sharing information."

Also, "The cyber threat demands ready and fluid means of sharing information and coordinating our actions."

She said that interaction between the private sector and the national security community "is absolutely necessary here".

She stated that "broader efforts to reform -- like the legislation proposed by the Administration last year -- will require our joint efforts".

Cyber Threats. Monaco (at right) also discussed cyber threats. She said that "a range of cyber activities is incrementally diminishing our security and siphoning off valuable economic assets".

She said that "over the last several weeks, financial institutions in the United States have been hit by a series of Distributed Denial of Service (or DDOS) attacks".

"A growing number of sophisticated state actors have both the desire and the capability to steal sensitive data, trade secrets, and intellectual property for military and competitive advantage". She added that the "Intelligence Community" has identified "China and Russia" as the main concerns, but also noted that Secretary of Defense Leon Panetta has mentioned Iran.

She also said that "trusted insiders pose particular risks. Those inside U.S. corporations and agencies may exploit their access to funnel information to foreign nation states. In these cases, perimeter defense isn’t worth much". She added that "cyberspace makes economic espionage that much easier".

She also discussed the role of lawyers. She said that "both public and private sector attorneys need to be able to tell clients what options they have available to deal with cyber threats".

10/19. The National Institute of Standards and Technology's (NIST) Information Technology Laboratory (ITL) published a notice in the Federal Register (FR) in which it invited "interested U.S. companies to submit letters of interest in collaborating with" the NIST's ITL in its "National Cybersecurity Center of Excellence". This notice contains no deadline. See, FR, Vol. 77, No. 203, October 19, 2012, at Pages 64314-64315.

10/18. The Federal Communications Commission (FCC) revised its online service titled "Small Biz Cyber Planner".

10/25. Jonathan Adler (Case Western law school) and William Kovacic (George Washington University law school) joined the Free State Foundation's (FSF) Board of Academic Advisors.

10/24. Kyle McSlarrow was named Comcast Cable Communication's Regional Vice President of the Mountain Region, overseeing operations in Utah and Arizona. He was previously head of Comcast's Washington DC office. See, Comcast release.

10/23. The Department of Commerce's (DOC) Bureau of Industry and Security (BIS) published a notice in the Federal Register (FR) that announces the membership of the BIS Performance Review Board: Michael Levitt, Geovette Washington, Daniel Hill, Matthew Borman, and Gay Shrum. See, FR, Vol. 77, No. 205, October 23, 2012, at Page 64796.

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

The House will meet at 12:00 NOON in pro forma session.

Day two of a three day conference hosted by the American Intellectual Property Law Association (AIPLA) titled "AIPLA Annual Meeting". Location: Marriott Wardman Park.

10:00 - 11:00 AM. The Center for American Progress (CAP) will host an event titled "The United States and India". The main speaker will be Deputy Secretary of State William Burns. See, notice. See also, story titled "Representatives Urge OUSTR to Take Action Against India for Its Protectionist Tech Policies" in TLJ Daily E-Mail Alert No. 2,458, October 4, 2012. Location: CAP, 10th floor, 1333 H St., NW.

12:00 NOON - 1:00 PM. The American Bar Association (ABA) will host a teleconferenced event titled "Criminal Antitrust Update". The speakers will be Anne Marie Cushmac (McGuire Woods) and Paul Victor, Molly Donovan, Seth Farber, Peter Crowther, and Eva Cole (all of Winston Strawn). No CLE credits. Free. See, notice.

1:30 - 3:15 PM. The Federal Communications Commission (FCC) will host an event titled "Workshop to Focus on Broadcaster Issues in the Incentive Auction NPRM". See, notice and agenda. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

5:00 PM. Deadline to submit written requests to make oral presentations, and written testimony, at the Privacy and Civil Liberties Oversight Board's (PCLOB) October 30 meeting. See, notice in the Federal Register, Vol. 77, No. 205, October 23, 2012, at Pages 64835-64836.

Day three of a three day conference hosted by the American Intellectual Property Law Association (AIPLA) titled "AIPLA Annual Meeting". Location: Marriott Wardman Park.

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 Supreme Court will hear oral argument in Clapper v. Amnesty International, Sup. Ct. No. 11-1025. At issue is whether the plaintiffs have standing to challenge the constitutionality of the "outside the United States" surveillance provision of the Foreign Intelligence Surveillance Act (FISA). See, Supreme Court docket. Location: Supreme Court, 1 First St., NW.

11:00 AM. The Supreme Court will hear oral argument in Kirtsaeng v. Wiley, Sup. Ct. No. 11-697. This case pertains to how the first sale doctrine of the Copyright Act applies to goods made abroad. This issue will affect online secondary markets. See, story titled "Supreme Court Grants Certiorari in Case Regarding First Sale Doctrine" in TLJ Daily E-Mail Alert No. 2,372, April 16, 2012. See also, story titled "Supreme Court Affirms in Costco v. Omega on 4-4 Vote" in TLJ Daily E-Mail Alert No. 2,178, December 14, 2010. See also, Supreme Court docket. Location: Supreme Court, 1 First St., NW.

6:00 - 9:00 PM. The DC Bar Association will host a reception and panel discussion titled "Defending Against Cyber-Intrusions from Both State-Sponsored and Civilian Hackers". The speakers will be Michael Hayden (former head of the NSA and CIA), Eliana Davidson (Deputy General Counsel for Intelligence, DOD), Robert Lee (Arnold & Porter), and Steven Cash (Deck Prism). The price to attend ranges from free to $20. 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.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Why Every Lawyer Should Understand the Basic Concepts of Enterprise Risk Management". This event will cover, among other topics, cyber security. CLE credits. Prices vary. Registrations and cancellations due by 12:00 NOON on October 24. See, notice. Location: Wiley Rein, 1776 K St., NW.

Deadline to submit to the Federal Communications Commission (FCC) replies to oppositions to the three robocallers' petitions for reconsideration of the FCC's order [48 pages in PDF] regarding implementation of the Telephone Consumer Protection Act (TCPA) and telemarketing robocalling. The FCC adopted and released this order on February 15, 2012. It is FCC 12-21 in CG Docket No. 02-278. See, petition [23 pages in PDF] of the Professional Association for Customer Engagement, petition [2 pages in PDF] of Marketlink, Inc., and petition [5 pages in PDF] of SatCom Marketing LLC. They object to, among other things, the abandoned call opt-out provision. See also, notice in the Federal Register, Vol. 77, No. 192, October 3, 2012, at Page 60343.

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

The House will meet in pro forma session.

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). See, notice in the Federal Register, Vol. 77, No. 198, October 12, 2012, at Page 62231. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:30 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Sensors and Instrumentation Technical Advisory Committee (SITAC) will hold a partially closed meeting. See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, Page 61737. Location: DOC, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW.

10:00 AM - 1:00 PM. The Privacy and Civil Liberties Oversight Board (PCLOB) will hold a partially closed meeting "for the purpose of receiving the public's input on its forthcoming agenda". The deadline to submit written requests to make oral presentations, and written testimony, is 5:00 PM on October 26. See, notice in the Federal Register, Vol. 77, No. 205, October 23, 2012, at Pages 64835-64836. Location: GSA National Capital Region Building, Conference Room 6067B, 301 7th St., SW.

10:00 AM - 5:30 PM. Day one of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, at Page 61790. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

12:00 NOON - 1:15 PM. The American Bar Association (ABA) will host a teleconferenced panel discussion titled "Recent Developments in Two-Sided Markets in US and Canada". The speakers will be Micah Wood (Blakes), David Evans (Global Economics Group), Roger Ware (Queens University), and Leah Brannon (Cleary Gottlieb). Free. No CLE credits. See, notice.

EXTENDED TO NOVEMBER 30. Deadline to submit reply 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, August 1, 2012, Pages 45558-45571, and August 3 Public Notice (DA 12-1268). See also, extension notice in the FR, Vol. 77, No. 199, October 15, 2012, at Pages 62480-62481.

Deadline to submit comments to the Federal Aviation Administration (FAA) in response to its request for comments regarding the use of personal electronic devices (PEDs) on commercial aircraft. See, notice in the Federal Register, Vol. 77, No. 170, August 31, 2012, at Pages 53159-53163, and story titled "FAA Opens Proceeding on Use of Personal Electronic Devices on Aircraft" in TLJ Daily E-Mail Alert No. 2,439, September 3, 2012.

Halloween.

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). See, notice in the Federal Register, Vol. 77, No. 198, October 12, 2012, at Page 62231. Location: American Geophysical Union, 2000 Florida Ave., NW.

9:00 AM - 12:30 PM. Day two of a two day meeting of the National Science Foundation's (NSF) Committee on Equal Opportunities in Science and Engineering (CEOSE). See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, at Page 61790. Location: NSF, 4201 Wilson Blvd., Arlington, VA.

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).

12:00 NOON - 1:30 PM. The DC Bar Association will host a closed event titled "What Intellectual Property Attorneys Need to Know About the New gTLD Program". The speakers will be Scott Harlan (Steptoe & Johnson), Brian Winterfeldt (Steptoe & Johnson), and Danny Awdeh (Finnegan). The price to attend ranges from $15 to $25. No CLE credits. For more information, call 202-626-3463. Reporters are barred. See, notice. Location: Steptoe & Johnson, 1330 Connecticut Ave., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "Individuals and International Companies Doing Business in the U.S.: Investor Visa Issues". The speakers will be Bernard Wolfsdorf and Mayra  Calo. Prices vary. CLE credits. See, notice.

Extended deadline to submit applications to the U.S. Patent and Trademark Office (USPTO) under its Humanitarian Awards Pilot Program. See, original notice in the Federal Register, Vol. 77, No. 26, February 8, 2012, at Pages 6544-6548. See also, extension notice in the Federal Register, Vol. 77, No. 160, August 17, 2012, at Pages 49782-49783.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-56 A Rev [133 pages in PDF] titled "Recommendation for Pair-Wise Key-Establishment Schemes Using Discrete Logarithm Cryptography".

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its notice in the Federal Register that requests comments regarding the creation of the interoperable public safety broadband network by the First Responder Network Authority, or FirstNet, as required by the spectrum bill enacted in February. See, FR, Vol. 77, No. 193, October 4, 2012, at Pages 60680-6068. See also, story titled "NTIA Releases Public Safety Network NOI" in TLJ Daily E-Mail Alert No. 2,458, October 4, 2012.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Hot Issues in Advertising". CLE credits. Prices vary. Registrations and cancellations due by 12:00 NOON on October 31. See, notice. Location: Drinker Biddle & Reath, 1500 K St., NW.

Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the complaint (request for consultations) filed by the People's Republic of China (PRC) on September 17 with the World Trade Organization (WTO) against the United States alleging violation of WTO obligations in connection with US government imposition of countervailing and anti-dumping duties on numerous products exported by the PRC. See, notice in the Federal Register, Vol. 77, No. 197, October 11, 2012, at Pages 61819-61820.

Extended 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, original notice in the Federal Register (FR), Vol. 77, No. 148, August 1, 2012, at Pages 45558-45571, and August 3 Public Notice (DA 12-1268). See also, extension notice in the FR, Vol. 77, No. 199, October 15, 2012, at Pages 62480-62481.

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

The House will meet in pro forma session.

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

9:00 AM - 4:00 PM. The Federal Communications Commission's (FCC) Consumer Advisory Committee will meet. See, Public Notice (DA 12-1616) and notice in the Federal Register, Vol. 77, No. 201, October 17, 2012, at Pages 63831-63832. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

11:00 AM - 12:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "To Trademark or Not to Trademark: That is the Question". The speakers will be Mary LaFrance (University of Nevada law school), Jonathan Rubens (Javid Rubens), Sherin Sakr (Kahala Corporation), and Peter Snell (Gowling Lafleur Henderson). Prices vary. CLE credits. See, notice.

12:00 NOON - 1:30 PM. The DC Bar Association will host a presentation titled "Blogging for Lawyers". The speaker will be Tasha Coleman. Free. No CLE credits. See, notice. For more information, call 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 Office of the U.S. Trade Representative (OUSTR) regarding the complaint (request for consultations) filed with the World Trade Organization (WTO) by the People's Republic of China (PRC) against the US alleging that US investigations, determinations and orders regarding countervailing duties violate WTO obligations. See, notice in the Federal Register, Vol. 77, No. 180, September 17, 2012, at Pages 57181-57182.

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