9/12. Rep. Bob Goodlatte (R-VA) and others introduced HR 3086 [LOC | WW], the "Permanent Internet Tax Freedom Act". This is one of four nearly identical bills introduced in the 113th Congress that would extend the Internet Tax Freedom Act (ITFA), which is set to expire on November 1, 2014.

Rep. Goodlatte (at right) stated in a release that these bills ensure "that Americans can continue to access the Internet tax-free. In this increasingly digital age, Americans rely on access to the Internet to apply for employment, to seek and share innovative ideas, to keep governments accountable, to run small businesses, and to communicate with their families and friends. This legislation will help ensure more Americans have access to this tremendous medium by reducing cost barriers."

Support for these bills is bipartisan -- as is the opposition. Also, the history of this legislation has been that supporters have introduced bills that provide for a permanent ban, and then the Congress eventually settles on a temporary ban.

This bill would not add to, or delete, any of the numerous exceptions or grandfathering clauses.

Pending Bills. The first of the ITFA extension bills, S 31 [LOC | WW], the "Permanent Internet Tax Freedom Act of 2013", was introduced on January 22, 2013 by Sen. Kelly Ayotte (R-NH).

S 31 provides that "Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking `taxes during the period beginning November 1, 2003, and ending November 1, 2014:´' and inserting `taxes:´." Sen. Dean Heller (R-NV) later joined as a cosponsor. It was referred to the Senate Finance Committee (SFC), which has taken no action.

Second, Rep. Steve Chabot (R-IN) introduced HR 434 [LOC | WW], the "Permanent Internet Tax Freedom Act", on January 29, 2013. That bill has no cosponsors. It was referred to the House Judiciary Committee (HJC), which has taken no action on it. S 31 and HR 434 are substantially identical.

See, story titled "Sen. Ayotte and Rep. Chabot Introduce Bills to Make the Internet Tax Freedom Act Permanent" in TLJ Daily E-Mail Alert No. 2,519, February 5, 2013

Third, Sen. Ron Wyden (D-OR) and 16 other Senators introduced S 1431 [LOC | WW], the "Internet Tax Freedom Forever Act", on August 1, 2013. It was referred to the SFC. Sen. Wyden is a member.

S 1431 is different from the other three bills in that it includes seven Congressional findings.

The substantive language of HR 3086 and S 1431 is identical. It is slightly different from that of S 31 and HR 434, but would have an identical effect -- eliminating the ITFA's sunset, thus making the ITFA permanent.

HR 3086 was also referred to the HJC. Rep. Goodlatte is the Chairman. The original cosponsors of HR 3086 are Rep. Spencer Bachus (R-AL), Rep. Chabot, Rep. Steve Cohen (D-TN), and Rep. Anna Eshoo (D-CA). All but Rep. Eshoo are members of the HJC.

Summary of the ITFA. The Congress enacted the original Internet Tax Freedom Act (ITFA) in late 1998. The original ban was for three years. The Congress enacted three temporary extensions, in 2001, 2004 and 2007. The Congress has also added to the definitions, and exemptions.

The most recent extension of the ITFA is scheduled to expire on November 1, 2014. That bill was HR 3678 [LOC | WW], the "Internet Tax Freedom Act Amendments Act of 2007", in the 110th Congress. See also, stories titled "Summary of HR 3678" and "House to Consider Extension of Act Limiting Internet Taxes" in TLJ Daily E-Mail Alert No. 1,655, October 16, 2007, "Senate Approves 7 Year Extension of Internet Tax Ban" in TLJ Daily E-Mail Alert No. 1,663, October 26, 2007, and "House Passes Senate Version of Internet Tax Ban Bill" in TLJ Daily E-Mail Alert No. 1,666, October 31, 2007.

The current ban provides that "No State or political subdivision thereof may impose ... Taxes on Internet access" or "Multiple or discriminatory taxes on electronic commerce". There are, however, grandfathered taxes, and numerous exceptions.

The statute currently provides that "No State or political subdivision thereof may impose any of the following taxes during the period beginning November 1, 2003, and ending November 1, 2014: (1) Taxes on Internet access. (2) Multiple or discriminatory taxes on electronic commerce." The statute then sets forth at length the grandfathered taxes, and exemptions.

However, the ITFA does nothing to limit federal taxation of internet access or electronic commerce.

The ITFA is codified in the notes to 47 U.S.C. § 151.

Support for HR 3086. The National Cable and Telecommunications Association (NCTA) stated in a release that "Extending the current Internet tax moratorium will protect consumers and small businesses from new and burdensome state and local taxes on Internet access, helping more Americans get online and ensuring that the Internet continues to power U.S."

Steve Largent, head of the CTIA, stated in a release that "Affordable wireless broadband is no longer just a modern convenience, but a vital component in the lives of American consumers and businesses. From education to healthcare to commerce, a reasonable and permanent tax structure that guarantees affordable access to the Internet and the incredible services it provides is vital for consumers and continued innovation."

Congressional Findings in S 1431. The Senate bill introduced by Sen. Wyden just before the August recess contains findings not included in the other bills. For example, the bill finds that "The Internet has continued to drive economic growth, productivity and innovation since the Internet Tax Freedom Act was first enacted in 1998", and that "The Internet promotes a nationwide economic environment that facilitates innovation, promotes efficiency, and empowers people to broadly share their ideas."

If the Congress were to pass a bill that includes these findings, then some of these findings might be relied upon in matters not related to internet taxation.

For example, there is a finding that "As a massive global network that spans political boundaries, the Internet is inherently a matter of interstate and foreign commerce within the jurisdiction of the United States Congress under article I, section 8, clause 3 of the Constitution". This is an expansive and aggressive assertion of Congressional power under the commerce clause. The Constitution limits Congressional powers to those enumerated in Article I, Section 8. Clause 3 enumerates the "Power ... To Regulate Commerce with foreign Nations, and among the several States ...".

Much of the legislative output of the Congress relies upon this one clause, including much of its criminal prohibitions, civil rights law, and other statutes minimally related to interstate commerce. But, not all activity on the internet is interstate or foreign commerce.

If the "Internet is inherently a matter of interstate and foreign commerce", then the Congress may assert authority to regulate online activities that are not commerce, but for the use of the internet. Similarly, states also regulate commerce, including internet activity, and sometimes regulated entities then assert that such regulation is preempted by federal law. This clause would likely be asserted in some such legal challenges. Although, this bill does not assert exclusive jurisdiction.

This bill also finds that "Keeping Internet access affordable promotes ... jobs, education, healthcare" and that "The provision of affordable access to the Internet is fundamental to the American economy". Such findings might be asserted as further authority for such things as expansion of the Federal Communications Commission's (FCC) universal service tax and subsidy programs.

9/12. Twelve House Democrats who represent districts located in the state of California sent a letter to the Federal Communications Commission (FCC) urging it "to proceed expeditiously with the adoption of a proposed rulemaking" regarding mobile phone location detection accuracy.

The FCC's Public Safety and Homeland Security Bureau (PSHSB) issued a Public Notice (DA 13-1873 in PS Docket No. 07-114) on September 9 that requests comments, and announces an event, regarding this matter. The deadline to submit comments is September 25. The FCC's PSHSB will hold a workshop on October 2. See also, story titled "FCC Seeks Comments on Mobile Device Location Surveillance Capabilities" in TLJ Daily E-Mail Alert No. 2,598, September 10, 2013.

The letter is signed by Rep. Henry Waxman (D-CA), the ranking Democrat on the House Commerce Committee (HCC), and Rep. Anna Eshoo (D-CA), the ranking Democrat on the HCC's Subcommittee on Communications and Technology. The current FCC pays particular attention to the requests of these two Representatives.

The letter states that their concern is enabling first responders to identify the location of persons using wirelesss devices to place 911 calls.

Rep. Waxman stated in a related release that "The FCC and public safety officials should work together to fix quickly this public safety gap in California's 9-1-1 system. I am asking the FCC to immediately review the system's shortcomings and ensure 9-1-1 operators have every tool they need to get emergency help to callers as quickly as possible." See also, Rep. Eshoo's release.

Rep. Eshoo (at left) represents the 18th District, which includes parts of the Silicon Valley communities of San Jose, Mountain View and Palo Alto. The letter is also signed by Rep. Zoe Lofgren (D-CA-19), Rep. Mike Honda (D-CA-17), Rep. Eric Swalwell (D-CA-15), and Rep. Jackie Speier (D-CA-14), who, like Rep. Eshoo, represent Silicon Valley area districts.

Four more of the signers represent nearby districts.

It might also be noted that such a rulemaking would facilitate and improve commercial location based services. Moreover, many of the companies that provide such services are based in California, and especially in the Silicon Valley area.

9/12. Rep. Fred Upton (R-MI) and Rep. Greg Walden (R-OR) sent a letter to the Federal Communications Commission (FCC) regarding its proposed elimination of the UHF discount. The FCC's tentative agenda for its September 26, 2013 meeting states that the FCC is scheduled to adopt a notice of proposed rulemaking (NPRM) to accomplish this.

This UHF discount pertains to the national television rule, which is part of the FCC's outdated and obsolete media ownership regime. This rule limits any entity from owning TV stations that cumulatively reach more that 39 percent of TV households nationwide. Currently, the FCC rule counts TV stations on UHF channels (14 and above) differently from TV stations on VHF channels (13 and below).

See also, subsection titled "Media Ownership" in story titled "FCC Announces Tentative Agenda for September 26 Meeting" in TLJ Daily E-Mail Alert No. 2,596, September 5, 2013.

Rep. Upton (at left) is Chairman of the House Commerce Committee (HCC). Rep. Walden is Chairman of the HCC's Subcommittee on Communications and Technology.

The two began by stating that "we are not convinced that the existing limitations on broadcast ownership as a whole are appropriate or necessary in today's competitive media marketplace".

They continued that "we have particular apprehension about this proposed change and its effect on the business decisions of broadcast station group owners". That is, this proposed change "could inequitably harm those broadcast owners with pending transactions that were initiated under the existing UHF discount rule".

They asked that the FCC not apply any rule change to current licensees with transactions pending at the FCC. They argue that it should only be applied "prospectively to applications filed after adoption of a new rule".

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2013 David Carney. All rights reserved.

The House will not meet. It will next meet on Monday, September 16 at 2:00 PM.

The Senate will not meet. It will next meet on Monday, September 16 at 2:00 PM.

9:00 AM - 5:00 PM. The U.S.-China Economic and Security Review Commission will hold one in a series of meetings to review and edit its 2013 annual report to the Congress. Open to the public. See, notice in the Federal Register, Vol. 78, No. 151, August 6, 2013, at Pages 47829-47830. Location: Room 231, Hall of the States, 444 North Capitol St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument en banc in Lighting Ballast Control v. Philips Electronics North America , App. Ct. No. 12-1014, an appeal from the U.S. District Court (NDTex) in a patent infringement case. At issue is claim construction, and the 1998 opinion of the Federal Circuit in Cybor v. FAS Technologies, 138 F.3d 1448. The Court's March 15, 2013 order granting en banc rehearing requests briefing on three questions: (1) should Cybor be overruled?, (2) "Should this court afford deference to any aspect of a district court’s claim construction?", and (3) "If so, which aspects should be afforded deference?". See also, amicus curiae brief of the AIPLA, amicus curiae brief of the IPO, amicus curiae brief of Microsoft, amicus curiae brief of the ABA, and amicus curiae brief of universities. Panel A. Location: Courtroom 201, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The Federal Communications Commission (FCC) will host an event titled "FCC Wireline Competition Bureau Update". The speaker will be Julie Veach, Chief of the FCC's Wireline Competition Bureau (WCB). The FCBA states that this is an FCBA event. Location: Bingham McCutchen, 11th floor, 2020 K St., NW.

Target date for the Department of Health and Human Services' (DHHS) Substance Abuse and Mental Health Services Administration (SAMHSA) to announce the winners of its contest for the development of web applications, mobile apps, and other information technology based products that help prevent high risk drinking among college students. The awards are $60,000 for first place, $30,000 for second place, and $10,000 for third place. See, notice in the Federal Register, Vol. 78, No. 101, May 24, 2013, at Pages 31571-31572.

Deadline to submit reply comments to the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) regarding proposed revisions to the sample reseller certification language and accompanying sections of the FCC Form 499-A instructions. See, Public Notice, DA 13-1700 in WC Docket No. 06-122. See also, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50415-50416.

Deadline to submit to the Federal Communications Commission (FCC) reply comments to the May 16, 2013 Petition [14 pages in PDF] of the Coalition of E-Reader Manufacturers (Amazon, Kobo and Sony) for a waiver of the FCC's disability access rules for e-readers. See, August 1, 2013 Public Notice, DA 13-1686 in CG Docket No. 10-213.

Deadline to submit written statements to the Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies in advance of its September 17, 2013 meeting. See, notice.

12:00 NOON - 2:00 PM. The American Constitution Society (ACS) will host a panel discussion titled "Supreme Court Preview". The speakers will be Caroline Fredrickson (ACS), Pamela Harris (Georgetown University Law Center), Randy Barnett (GULC), Joshua Civin (NAACP), Andrew Pincus (Mayer Brown), David Strauss (University of Chicago Law School). Lunch will be served. Location: National Press Club, Holeman Lounge, 13th Floor, 529 14th St., NW.

Deadline to submit to the Copyright Office's (CO) Copyright Royalty Judges petitions to participate in, and pay the $150 filing fees for, the proceeding to determine the Phase II distribution of royalties deposited with the Register of Copyrights for the statutory license allowing distant retransmission of over the air television and radio broadcast signals by cable system operators. See, 17 U.S.C. § 111, and notice in the Federal Register, Vol. 78, No. 159, August 16, 2012, at Pages 50113-50114.

Deadline to submit to the Copyright Office's (CO) Copyright Royalty Judges petitions to participate in, and pay the $150 filing fees for, the proceeding to determine the Phase II distribution of royalties deposited by satellite carriers for a statutory license to retransmit over the air television broadcast stations. See, 17 U.S.C. § 119, and notice in the Federal Register, Vol. 78, No. 159, August 16, 2012, at Pages 50114-50115.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (FNPRM) [175 pages in PDF] regarding its e-rate tax and subsidy program for school and libraries. The FCC adopted and released this NPRM on July 19, 2013, and released it on July 23. It is FCC 13-100 in WC Docket No. 13-184. See, notice in the Federal Register, Vol. 78, No. 161, August 20, 2013, at Pages 51597-51644.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) [38 pages in PDF] regarding speech to speech relay service by persons with speech disabilities. This FNPRM is FCC 13-101 in CG Docket Nos. 08-15 and 03-123. The FCC adopted and released this FNPRM on July 19, 2013. See, Federal Register, Vol. 78, No. 158, August 15, 2013, at Pages 49717-49720.

Deadline to submit initial comments to the Federal Communications Commission (FCC) that refresh the FCC's record regarding property records for rate of return carriers. See, notice in the Federal Register, Vol. 78, No. 157, August 14, 2013, at Pages 49420-49422. See also, the FCC's order [127 pages in PDF] titled "Memorandum Opinion and Order and Report and Order and Further Notice of Proposed Rulemaking and Second Further Notice of Proposed Rulemaking", which is also known as the US Telecom Forbearance Long Order. The FCC adopted that order on May 10, 2013, and released it on May 17. It is FCC 13-69 in WC Docket No. 12-61, CC Docket Nos. 00-199 and 99-301, and numerous other dockets. And see, the FCC's July 23, 2013 Public Notice (DA 13-1617).

8:00 - 10:00 AM. Broadband Census News LLC will host a panel discussion titled "How Will FirstNet Improve Public Safety Communications?". The speakers will be __. Breakfast will be served. This event is open to the public. The price to attend is $47.12. See, notice and registration page. This event is also sponsored by Comcast, Google, and US Telecom. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:45 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host an event titled "Broadband, Economic Growth, and the Implications for Spectrum Policy". The speakers will include Rep. Greg Walden (R-OR), Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology, and Jason Furman (Chairman of the President's Council of Economic Advisors). At 9:30 AM, there will be a panel titled "Regulation, Broadband Growth, and the Economy". The speakers will be Robert Shapiro ( Sonecon), Bret Swanson (Entropy Economics), Christopher Yoo (University of Pennsylvania), and Kevin Hassett (AEI). At 11:00 AM, there will be a panel titled "How to Make Spectrum More Available". The speakers will be Larry Irving, Robert McDowell (Hudson Institute), Preston Padden (Expanding Opportunities for Broadcasters Coalition), and James Glassman. Free. Open to the public. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Size and Shape of Online Piracy". The speakers will include Sen. Orrin Hatch (R-UT), Sen. Sheldon Whitehouse (D-RI), Robert Atkinson (ITIF), Sandra Aistars (Copyright Alliance), David Price (NetNames), and Morgan Reed (Association for Competitive Technology). See, notice. Webcast. Location: Room 485, Russell Building.

9:30 AM. The Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies will meet. Open to the public. See, notice. Location: SEC, Multi-Purpose Room, LL-006, 100 F St., NE.

11:00 AM - 12:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced panel discussion titled "The Law of Fashion: An EU Perspective on Litigation and IP Law". The speakers will be Simon Bennett (Fox Williams), Holger Gauss (Grünecker), Bonana Guimberteau (FTPA), Lorenzo Litta (De Simone & Partners), and Barbara Kolsun (Stuart Weitzman). Prices vary. CLE credits. See, notice.

12:00 NOON. The Georgetown University's (GU) Georgetown Center for Business and Public Policy will host a panel discussion titled "China Trade and Investment Policy: Shifting Winds?". The speakers will be Daniel Bahar (Deputy Assistant U.S. Trade Representative for Investment), Claire Reade (Assistant U.S. Trade Representative for China Affairs), John Frisbie (U.S. China Business Council), and Bradford Jensen (Georgetown University). Free. Open to the pubic. Lunch will be served. See, notice and registration page. Location: Room B-318, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin Faulb at jfaulb at eckertseamans dot com. Location: Covington & Burling, 1201 Pennsylvania Ave., NW.

2:00 - 4:00 PM. The Brookings Institution (BI) will host a panel discussion titled "Mobile Learning: Transforming Education and Engaging Students and Teachers". The speakers will be Peggy Johnson (Qualcomm), Darrell West (BI), Chris Dede (Harvard Univ.), Shirley Malcom (AAAS), Dallas Dance (Baltimore Country Public Schools), Julie Evans, Michael Flood, Elizabeth Foster, Michael Hirshon (AAAS), and Kathy Spencer. See, notice. Location: BI, 1775 Massachusetts Ave., NW.

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. 78, No. 126, July 1, 2013, at Page 39289. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th St., SW.

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

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding allegations that certain fixed satellite service (FSS) operators are warehousing satellite orbital locations and frequency assignments and are foreclosing competitors from purchasing capacity on their satellites. This NOI is FCC 13-79 in IB Docket No. 13-147. The FCC adopted this NOI on June 5, 2013, and released it on June 7. See, notice in the Federal Register, Vol. 78, No. 139, July 19, 2013, at Pages 43118-43122.

Deadline to submit comments to the President's Export Council in advance of its September 19, 2013 meeting. The agenda for the meeting includes discussion of intellectual property provisions of the the Trans-Pacific Partnership Agreement (TPPA), expansion of the WTO Information Technology Agreement (ITA), reform of the U.S. export control regime, the 9th WTO Ministerial Conference to be held in Bali, Indonesia on December 3-6, 2013, forced localization policies, government procurement, and de minimis reform. Webcast. See, notice in the Federal Register Vol. 78, No. 170, September 3, 2013, at Pages 54238-54239.

9:30 AM. The Senate Homeland Security and Governmental Affairs Committee (SHSGAC) will hold a hearing on the nominations of Stevan Bunnel to be General Counsel of the Department of Homeland Security (DHS) and Suzanne Spaulding to be the DHS Under Secretary for National Protection and Programs. See, notice. Location: Room 342, Dirksen Building.

10:00 AM. The House Judiciary Committee (HJC) will hold a closed hearing titled "Oversight of the Administration’s Use of FISA Authorities". The witnesses will be __. No webcast. See, notice. Location: Room HVC-301, Capitol Visitor Center.

10:00 AM. The President's Export Council's (PEC) Subcommittee on Export Administration (SEA) will meet. See, notice in the Federal Register, Vol. 78, Number 171, September 4, 2013, Page 54450. Location: Department of Commerce, Hoover Building, Room 3884, 14th Street between Pennsylvania and Constitution Avenues, NW.

10:00 AM - 2:00 PM. The Federal Communications Commission's (FCC) North American Numbering Council (NANC) will meet. See, FCC's August 26, 2013 Public Notice (DA 13-1804 in CC Docket No. 92-237). Location: FCC, Commission Meeting Room, 445 12th St., SW.

2:00 PM. House Judiciary Committee's (HJC) Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing titled "The Role of Voluntary Agreements in the U.S. Intellectual Property System". The witnesses will be __. Webcast. See, notice. Location: Room 2141, Rayburn Building.

6:00 - 8:00 PM. The DC Bar Association will host a panel discussion titled "Fair Play? Competition in Sports Broadcasting and the Local Sports Fan". The speakers will be Jonathan Rubin (Rubin PLLC), John Schmidtlein (Williams & Connolly), John Wyss (Wiley Rein), and Steve Vieux. Free. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: DC Bar Conference Center, 1101 K St., NW.

6:00 - 9:00 PM. The New America Foundation (NAF) will host a discussion of the book [Amazon] titled "Startup Rising: The Entrepreneurial Revolution Remaking the Middle East". The speakers will be Christopher Schroeder (the author), Yousef Al Otaiba (Ambassador of the United Arab Emirates), and Leila Hilal (NAF). For more information, contact Ariel Bogle at bogle at newamerica dot net. Location: Smith & Wollensky steak house, 1112 19th St., NW.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [102 pages in PDF] regarding making spectrum in the 1695-1710 MHz, 1755-1780 MHz, 2020-2025 MHz, and 2155-2180 MHz bands available for Advanced Wireless Services (AWS). The FCC adopted and released this NPRM on July 23, 2013. It is FCC 13-102 in GN Docket No. 13-185. See, notice in the Federal Register, Vol. 78, No. 161, August 20, 2013, at Pages 51559-51595.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) [160 pages in PDF] regarding the its waste, fraud and abuse plagued video relay service (VRS) program. This FNPRM is FCC 13-82 in CG Docket Nos. 10-51 and 03-123. The FCC adopted this FNPRM on June 7, 2013, and released it on June 10. See, notice in the Federal Register, Vol. 78, No. 129, July 5, 2013, at Pages 40407-40421. See also, story titled "FCC Adopts VRS R&O and FNPRM" in TLJ Daily E-Mail Alert No. 2,576, June 12, 2013.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding its public safety Travelers' Information Stations (TIS) rules, under which Public Safety Pool (PSP) eligible entities transmit noncommercial travel related information over AM band frequencies to motorists on a localized basis. The FCC adopted this item on July 18, 2013, and released it on July 23. It is FCC 13-98 in PS Docket No. 09-19. See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50370-50372. See also, August 20 Public Notice (DA 13-1784).

Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to its Notice of Inquiry (NOI) regarding its common format for transition plans to be developed by federal entities to facilitate the relocation of, and spectrum sharing with, U.S. government stations in spectrum bands reallocated from federal use to non-federal use, or to shared use, and auctioned by the Federal Communications Commission (FCC). See, notice in the Federal Register, Vol. 78, No. 160, August 19, 2013, at Pages 50396-50399.

Deadline to file pre-hearing briefs and statements in advance of the U.S. International Trade Commission's (USITC) September 25, 2013 hearing titled "Digital Trade in the U.S. and Global Economies". See, USITC release, and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51744-51746. See also, story titled "USITC Releases First Report on Digital Trade" in TLJ Daily E-Mail Alert No. 2,589, August 26, 2013.

Deadline to submit comments to the Federal Communications Commission (FCC) regarding TW Telecom of Kentucky's August 16, 2013 application, pursuant to 47 U.S.C. § 214 and 47 C.F.R. § 63.71, to discontinue certain services in Louisville, Kentucky. See, FCC's September 3, 2013 Public Notice (DA 13-1855 in WC Docket No. 13-210).

9:30 AM. The President's Export Council will meet. The agenda for the meeting includes discussion of intellectual property provisions of the the Trans-Pacific Partnership Agreement (TPPA), expansion of the WTO Information Technology Agreement (ITA), reform of the U.S. export control regime, the 9th WTO Ministerial Conference to be held in Bali, Indonesia on December 3-6, 2013, forced localization policies, government procurement, and de minimis reform. Webcast. See, notice in the Federal Register Vol. 78, No. 170, September 3, 2013, at Pages 54238-54239. Location: __.

10:00 - 11:30 AM. The Center for Democracy and Technology (CDT) will host an on site and teleconferenced event titled "CDT Health Privacy Press Briefing". The speakers will be __. The call in number is 877-366-0711. The participant code is 9566-8245#. A light breakfast will be served. See, notice. For more information, contact Brian Wesolowski at brian at cdt dot org or 202-407-8814. Location: CDT, Suite 1100, 1634 I St., NW (on Farragut Square).

11:00 AM. The Federal Communications Commission's (FCC) Advisory Committee for the 2015 World Radiocommunication Conference will meet. See, FCC's August 13, 2013 Public Notice (DA 13-1747 in IB Docket No. 04-286), and notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51725-51726. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:45 - 2:45 PM. The DC Bar Association will host a panel discussion titled "Impact of New SEC Rules on Private Offerings". The speakers will be Jonathan Ingram (SEC), Karen Wiedemann (SEC), John Coffee (Columbia Law School), David Weild, and Ford Ladd. The price to attend ranges from free to $30. No CLE credits. For more information, call 202-626-3463. The DC Bar has a history of barring reporters from its events. See, notice. Location: Jenner & Block, 9th floor, 1099 New York Ave., NW.

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

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its August 29, 2013 Public Notice (DA 13-1846 in WC Docket No. 10-90) that requests comments regarding its Version 3.2 of the Connect America Fund Phase II Cost Model, and especially model costs for undersea cable connecting non-contiguous areas to the contiguous U.S.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Blanca Telephone Company v. FCC, App. Ct. No. 12-1365. This is a petition for review of a final order of the Federal Communications Commission (FCC) regarding hearing aid compatibility. See also, FCC brief [70 pages in PDF] filed on March 1, 2013. Judges Garland, Ginsburg, and Sentelle will preside. This is the second item on the Court's agenda. Location: USCA Courtroom, 4th floor, Prettyman Courthouse, 333 Constitution Ave., NW.

12:00 NOON - 1:00 PM. The Heritage Foundation (HF) will host a panel discussion titled "Does Technology Lead to Tyranny? The Fourth Amendment and New Technologies in a Digitized World?". The speakers will be Miguel Estrada (Gibson Dunn & Crutcher), Susan Herman (ACLU), Orin Kerr (George Washington University Law School), and Paul Larkin (HF). Free. Open to the public. See, notice. Location: HF, 214 Massachusetts Ave., NE.

12:00 NOON. Patient Privacy Rights (PPR) and Microsoft will host a panel discussion titled "What Lessons Can Health Care Take Away from the Revelation of NSA Surveillance?" The speakers will be Daniel Weitzner (MIT Decentralized Information Group), Deborah Peel (PPR), Sydney Brownstone (Fast Company), Adrian Gropper (PPR), and Andy Oram (O'Reilly Media). Box lunches will be served, starting at 11:30 AM. For more information, contact Ashley Hughes at ahughes at deweysquare dot com. Location: Microsoft, 901 K St., NW.

11:59 PM. Deadline to deliver regulatory fees for FY 2013 to the Federal Communications Commission (FCC). See, FCC Public Notice (DA 13-1796).

Deadline to submit comments to the Federal Trade Commission (FTC) regarding the proposed parental consent method [85 pages in PDF, redacted] submitted by AssertID on June 18, 2013 under the Voluntary Commission Approval Processes provision of the Children's Online Privacy Protection Rule. See, notice in the Federal Register, Vol. 78, No. 162, August 21, 2013, at Pages 51677-51678. See also, FTC release.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Time Warner Cable's (TWC) August 8, 2013 Petition for Preemption [30 pages in PDF] of the North Carolina Rural Electrification Authority (NCREA) with respect to the arbitration of an interconnection agreement between TWC and Star Telephone Membership Corporation. See, FCC's August 16, 2013 Public Notice, DA 13-1772 in WC Docket No. 13-204.