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Monday, February 23, 2015, Alert No. 2,714.
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House Again Approves FCC Consolidated Reporting Act

2/24. The House approved HR 734 [LOC | WW], the "Federal Communications Commission Consolidated Reporting Act of 2015", by a vote of 411-0. See, Roll Call No. 85.

Rep. Greg Walden (R-OR), the Chairman of the House Commerce Committee's (HCC) Subcommittee on Communications and Technology (SCT) stated during floor debate that this bill "consolidates eight separate reports that require the FCC to evaluate the state of competition in various sectors and combines those eight reports into just a single biennial report to Congress on the communications marketplace as a whole".

He added that it also terminates "outdated reports that only serve to junk up the Communications Act and cause confusion". See, Congressional Record, February 24, 2015, at Page H1097.

He elaborated that "No longer are companies just one service over just one medium. Both technology and consumer expectations have completely changed the game. However, the agency tasked with regulating the communications sector still exists in the outdated and siloed structure that reflects decades-old assumptions, even how they evaluate and report on the industry."

Rep. Frank Pallone (D-NJ), the ranking Democrat on the HCC, stated that the "Congress has tasked the FCC with compiling reports to provide the public with information about these dynamic markets. Democrats and Republicans agree that the FCC needs to collect good data. Consumers and businesses rely on this information, and we here in Congress need this information, too, in order to make sound policy decisions and conduct effective oversight of the FCC."

Rep. Frank PalloneRep. Pallone (at right) said that "by consolidating certain reports and eliminating references to other outdated reports, this bill allows the FCC to use the agency's limited resources more wisely and present a more holistic analysis of the communications marketplace."

Rep. Steve Scalise (R-LA) and Rep. Anna Eshoo (D-CA) also spoke in support of this bill.

Rep. Scalise introduced this bill on February 4, 2015. The HCC promptly approved it on February 12, by voice vote, without amendment. See, HCC web page for this mark up meeting.

Sen. Dean Heller (R-NV) introduced introduced the companion bill in the Senate, S 253 [LOC | WW], on January 26, 2015. The two bills are similar, but not identical.

 Rep. Scalise sponsored a substantially identical bill in the 113th Congress. The House passed that bill, HR 2844 [LOC | WW], the "Federal Communications Commission Consolidation Reporting Act of 2013", by a vote of 415-0, on September 9, 2013. See, Roll Call No. 449. See also, story titled "House Passes Bill to Consolidate FCC Market Reports" in TLJ Daily E-Mail Alert No. 2,598, September 10, 2013. The just introduced bill is unchanged in substance from the bill passed by the House in 2013.

Sen. Heller introduced a substantially identical bill in the 113th Congress, S 1379 [LOC | WW], also titled "Federal Communications Commission Consolidated Reporting Act of 2013". However, the Senate did not pass either S 1379 or HR 2844.

House Approves STEM Education Act

2/25. The House approved HR 1020 [LOC | WW], the "STEM Education Act of 2015", under suspension of the rules, by a vote of 412-8. See, Roll Call No. 88. All of the no votes were cast by Republicans.

Rep. Lamar Smith (R-TX), the Chairman of the House Science Committee (HSC) stated in the House that this "is bipartisan legislation that includes computer science in the definition of STEM education for programs and activities at our Federal science agencies. The bill also supports and strengthens ongoing STEM education efforts at the National Science Foundation."

This bill defines STEM as "science, technology, engineering, and mathematics, including computer science".

Rep. Eddie Bernice Johnson (D-TX), the ranking Democrat on the HSC, spoke in support of the bill, but argued that the definition of STEM should also include "other academic subjects".

This is a long running argument. There is much support in the Congress for the creation of STEM education programs, and the appropriation of money for these programs, because of the anticipated impacts on the economy, employment, and incomes.

However, many schools and universities want more federal funding, but have limited capacity, or interest, in providing increased STEM education. Hence, there are constant efforts in Congress to expand the scope of STEM bills and STEM programs to enable federal STEM funds to be spent for other purposes.

This bill was brought to the House floor under suspension of the rules, which meant that Rep. Johnson could not offer an amendment.

The House, but not the Senate, passed a similar bill in the 113th Congress. See, HR 5031 [LOC | WW], the "STEM Education Act of 2014". That bill was passed by voice vote on July 14, 2015.

FCC Commissioner O'Reilly Condemns FCC BIAS Order in Advance

2/24. Federal Communications Commissioner (FCC) Commissioner Michael O'Reilly gave a speech in which he argued against the merits of the FCC's forthcoming Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection.

The FCC has not yet released the text of this item. The FCC is scheduled to adopt this item by a partisan 3-2 vote on Thursday, February 26, 2015. O'Reilly will vote against it.

He condemned the forthcoming BIAS order by focusing on how it will harm wireless internet service providers (WISPs) and small cable companies.

He also said that "Once the Commission decides it can regulate the Internet, I have no confidence it will limit those regulations to service providers. After all, we have seen calls to extend rules to content providers and even applications."

Michael O’RiellyO'Reilly (at right) also stated that its is "undoubtedly true" that the FCC recently changed its definition of broadband to 25 Mbps downstream and 3 Mbps upstream in order to support its determination, under Section 706 of the Communications Act, that service is not being deployed to all Americans in a reasonable and timely fashion, and that the FCC made this determination in order to support its assertion of authority to regulation BIAS.

He stated that "The net neutrality debate is often framed in terms of pitting large broadband companies against small edge providers. We’ve all seen the ads and the rhetoric: a big bad cable company intends to nip the next garage-start up in the bud. What gets lost in the debate is that there are numerous small ISPs that will be caught in a Title II trap. Such regulation will create unnecessary burdens and costs for all small providers, including your companies, small cable providers, municipal broadband providers and others."

He continued that "A wide range of small ISPs have made a pretty compelling case that they lack the incentives and ability to violate any net neutrality principles. Companies trying to grow their businesses and add consumers will be motivated to provide the best possible service, not block or degrade their customers' connections. That’s especially true for small providers that face competition from established companies. Moreover, small ISPs simply don’t have the ability to demand that edge providers pay them for access or prioritized service. Even if they wanted to engage in this practice, which is not the case, they lack the market power to do so."

"The prospect of Title II is particularly troubling for WISPs and small cable providers. They have little to no experience with common carrier regulation and associated reporting requirements. They also have made investments premised on the Commission’s hands off approach to the Internet. In most cases, smaller ISPs employ a handful of people, and those employees are typically focused on deployment and customer service, not regulatory compliance. And they often serve rural areas with smaller populations and higher costs. Imposing new requirements on these providers -- even make-believe ``Title II light´´ -- would be costly and would detract from their efforts to expand broadband coverage, often in rural and other unserved parts of the country."

O'Reilly offered an unflattering portrayal of the FCC's expanding regulation. He said that "increasingly, companies of all types and sizes have to consider the impact of FCC rules on their business models and bottom lines. The reason is that the Commission is taking a much more hands on approach to regulating. As a result, more companies have to spend time and resources monitoring, or even participating, in FCC proceeding."

He also addressed spectrum policy.

O'Reilly delivered this speech at the WISPAmerica 2015 conference in St. Louis, Missouri on February 24, 2015.

FDA Announces and Seeks Comments on Proposed Regulation of Medical Software, Apps, Systems, Storage, and Devices

2/9. The Department of Health and Human Services' (DHHS) Food and Drug Administration (FDA) published a notice in the Federal Register (FR) in which its announced, described, and requested comments on two "guidance" documents related to its regulatory regime for medical software, apps, systems, storage, and devices.

These documents state that for these items the FDA "does not intend to enforce compliance" with certain rules, but that the FDA will enforce compliance with its rules that are applicable to "mobile medical apps".

The FDA has authority to regulate food, drugs, medical devices, and other things under the Federal Food, Drug, and Cosmetic Act of 1938, which is also known as the FDCA. The 1976 Medical Device Regulation Act (MDRA) expanded the FDA's authority to include regulation of medical devices. It is Public Law No. 94–295. The FDCA, as amended, is codified at 21 U.S.C. Chapter 9.

Pursuant to this authority, the FDA has promulgated rules that provide for regulation of "Medical Device Data Systems", or MDDS (defined at 21 CFR § 880.6310), "Medical Image Storage Devices", or MISD (defined at 21 CFR § 892.2010), and "Medical Image Communications Devices" or MICS (defined at 21 CFR § 892.2020).

The first document [9 pages in PDF] released on February 9, 2015 is titled "Medical Device Data Systems, Medical Image Storage Devices, and Medical Image Communication Devices".

The second document [44 pages in PDF] released on February 9 is titled "Mobile Medical Applications".

The first document states that the FDA "does not intend to enforce compliance with the regulatory controls that apply to MDDS, medical image storage devices, and medical image communications devices, due to the low risk they pose to patients and the importance they play in advancing digital health."

The second document states that "Many mobile apps are not medical devices" within the meaning of the FDCA, and hence, the "FDA does not regulate them".

Also, "Some mobile apps may meet the definition of a medical device but because they pose a lower risk to the public, FDA intends to exercise enforcement discretion over these devices (meaning it will not enforce requirements under the FD&C Act). The majority of mobile apps on the market at this time fit into these two categories." (Parentheses in original.)

The just released FDA document further states that "the FDA intends to apply its regulatory oversight to only those mobile apps that are medical devices and whose functionality could pose a risk to a patient’s safety if the mobile app were to not function as intended. This subset of mobile apps the FDA refers to as mobile medical apps."

There is no deadline for submitting comments. See, FR, Vol. 80, No. 26, February 9, 2015, at Pages 6996-6998.

FTC Announces Revised Ten Year Regulatory Review Schedule

2/3. The Federal Trade Commission (FTC) published a notice in the Federal Register (FR) that announces its modified ten year regulatory review schedule. See, FR, Vol. 80, No. 22, February 3, 2015, at Pages 5713-5715.

This FR notice announces, and sets a schedule for, FTC review of all FTC rules and guides over the next ten years.

The FTC published a notice FR in 2013 with a ten year plan. See, FR, Vol. 78, No. 100, May 23, 2013, at Pages 30798-30800. See also, story titled "FTC Announces Ten Year Regulatory Review Schedule" in TLJ Daily E-Mail Alert No. 2,565, May 22, 2013.

The FTC has, among other things, moved its review of the CAN-SPAM rules from 2015 to 2016. These rules are codified at 16 C.F.R. Part 316.

The 108th Congress passed S 877, the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003", or "CAN-SPAM Act", in late 2003. It is Public Law No. 108-187. The FTC immediately initiated a proceeding to write implementing rules. See, story titled "FTC Announces CAN-SPAM Act Rulemaking" in TLJ Daily E-Mail Alert No. 855, March 15, 2004. The FTC adopted its rule in December of 2004, and adopted revisions in 2008.

The FTC also moved its review of its Standards for Safeguarding Customer Information Rule, previously scheduled for 2014, to 2016. These rules are codified at 16 C.F.R. Part 314.

The Childrens' Online Privacy Protection Act (COPPA) rules review remains scheduled for 2022. The Hart Scott Rodino (HSR) rules reviews remain scheduled for 2020. The Privacy of Consumer Financial Information review remains scheduled for 2020. The identity theft red flag review remains scheduled for 2018.

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In This Issue
This issue contains the following items:
 • House Again Approves FCC Consolidated Reporting Act
 • House Approves STEM Education Act
 • FCC Commissioner O'Reilly Condemns FCC BIAS Order in Advance
 • FDA Announces and Seeks Comments on Proposed Regulation of Medical Software, Apps, Systems, Storage, and Devices
 • FTC Announces Revised Ten Year Regulatory Review Schedule
Washington Tech Calendar
New items are highlighted in red.
Tuesday, February 24

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. The House will consider HR 734 [LOC | WW], the "Federal Communications Commission Consolidated Reporting Act of 2015", and HR 1020 [LOC | WW], the "STEM Education Act of 2015", under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. McCarthy's schedule.

Day one of a two day conference hosted by the New America Foundation (NAF) titled "The Future of War". At 1:30 PM, Phil Zabriskie will give a speech titled "The Kill Switch". At 2:20 PM, there will be a panel titled "What is Cyber Security at Home". The speakers will be Alan Davidson (NAF) and Suzanne Spaulding (DHS/NPPD). See, notice. Location: Ronald Reagan Building and International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

9:00 - 10:30 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "The Importance of Cross-Border Data Flows for Traditional Industries". The speakers will be Robert Atkinson (ITIF), Andrea Glorioso (Delegation of the European Union to the USA), Jonathan McHale (Deputy Assistant USTR for Telecommunications Policy), and ___. Free. Open to the public. Live and archived webcast. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

9:15 - 11:00 AM. Georgetown University's (GU) Georgetown Center for Business and Public Policy (GCBPP) will host an event titled "Rewriting the Communications Act". The opening speaker will be David Farber (Carnegie Mellon University). There will also be a panel discussion. The speakers will be Larry Downes, Peter Rysavy, Glenn Woroch, John Mayo, and Carolyn Brandon. Free. Open to the public. No CLE credits. Breakfast will be served. See, notice. Location: Location: National Press Club, 13th Floor, 529 14th St. NW.

10:00 AM - 1:00 PM. The Senate Banking Committee (SBC) will hold a hearing titled "The Semiannual Monetry Policy Report to the Congress". The witness will be Janet Yellen (FRB Chairman). Webcast. See, notice. Location: Room 106, Dirksen Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Tax Reform, Growth and Efficiency". See, notice. Location: Room 215, Dirksen Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Mobile Payments Committee will host webcast event titled "Mobile Payments: The Year Ahead". The speakers will be Veronica McGregor (Hogan Lovells) and Dennis Browne (Capital One). No CLE credits. FCBA members only. No webcast. See, notice.

5:00 PM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. It is titled "Ongoing Intelligence Activities". No webcast. See, notice. Location: Room HVC-304, Capitol Building.

5:00 PM. The House Rules Committee (HRC) will meet to adopt a rule for consideration of HR 5 [LOC | WW], the "Student Success Act". See, notice. Location: Room 313, Capitol Building.

6:30 - 9:00 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee and the Women's Bar Association will host an event titled "5th Annual Mentoring Supper". For more information, contact Rachael Bender at RBender at mobilefuture dot org or Lindsey Tonsager at LTonsager at cov dot com. The price ranges from $20 to $45. No CLE credits. No webcast. See, notice. Location: Covington & Burling, One City Center, 850 10th St., NW.

Wednesday, February 25

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The House is scheduled to consider HR 5 [LOC | WW], the "Student Success Act", and S 227 [LOC | WW], the "Strengthening Education through Research Act", on February 25-26. See, February 18 Rules Committee Print [625 pages in PDF] of HR 5. See, Rep. McCarthy's schedule.

Day two of a two day conference hosted by the New America Foundation (NAF) titled "The Future of War". At 12:30 PM, there will be a panel titled "The Next Generation of Cyberwar". The speakers will be Peter Singer (NAF) and Zane Markel (Midshipman, U.S. Naval Academy). At 4:30 PM, Sen. John McCain (R-AZ), Chairman of the Senate Armed Services Committee, will speak. See, notice. Location: Ronald Reagan Building and International Trade Center, Pavilion Room, 1300 Pennsylvania Ave., NW.

TIME CHANGE. 10:00 AM. 11:30 AM. The House Homeland Security Committee will hold a hearing titled "The Administration’s Cybersecurity Legislative Proposal on Information Sharing". The witnesses will be Suzanne Spaulding (DHS/NPPD), __. See, notice. Location: Room 311, Cannon Building.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing on undisclosed matters. It is titled "Worldwide Threats". No webcast. See, notice. Location: Room HVC-304, Capitol Building.

10:00 AM. The House Financial Services Committee (HFSC) will hold a hearing titled "Monetary Policy and the State of the Economy". The witness will be Janet Yellen (FRB Chairman). See, notice. Location: HVC-210, Capitol Building.

10:00 AM. The House Science Committee (HSC) will hold a hearing on the FY16 budget proposal for the Department of Energy (DOE). The witness will be Ernest Moniz (Secretary of Energy). Webcast. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Preserving the Multistakeholder Model of Internet Governance". The witnesses will be Fadi Chehadé (CEO of ICANN), David Gross (Wiley Rein), and Lawrence Strickling (head of the NTIA). Webcast. Location: Room 253, Russell Building.

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "Congress and U.S. Tariff Policy". The witnesses will be __. Webcast. See, notice. Location: Room 215, Dirksen Building.

10:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "The Uncertain Future of the Internet". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

10:30 AM. The House Appropriations Committee's Subcommittee on Commerce, Justice, Science, and Related Agencies will hold an oversight hearing on the Department of Commerce (DOC), Department of Justice (DOJ), and NASA. The witnesses will be the relevant Inspectors General. See, notice. Location: Room H-309, Capitol Building.

12:00 PM. The Federalist Society’s Telecommunications & Media Practice Group will host a panel discussion titled "The Future of Media -- Is Government Regulation In Today's Media Landscape Over The Top?". The speakers will be Joshua Wright (FTC Commissioner), Patricia Paoletta (Harris Wiltshire & Grannis), Jeff Blum (DISH Network), Rick Kaplan (National Association of Broadcasters), Barry Ohlson (Cox Enterprises), and Ryan Radia (Competitive Enterprise Institute). Lunch will be served at 12:00 NOON. The program will begin at 12:30 PM. Free. See, notice. Location: George Washington University Law School, Jacob Burns Moot Court Room, 2000 H St., NW.

1:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Engineers’ View of Network Management, Specialized Services, and Net Neutrality". The speakers will be Doug Brake (ITIF), Charles Jackson (George Washington University), Jon Peha, and ___. Free. Open to the public. Live and archived webcast. See, notice. Location: ITIF/ITIC, Suite 610, 1101 K St., NW.

2:00 PM. The Ball State University's (BSU) Digital Policy Institute (DPI) will host a webcast panel discussion titled "Preemption, Policy and Politics". The speakers will be Russ Hanser (Wilkinson Barker Knauer), Michael Santorelli (New York Law School), Larry Spiwak (Phoenix Center for Advanced Legal & Economic Public Policy Studies), and Barry Umansky (Ball State University). Free. Open to the public. No CLE credits. See, notice and registration page.

2:15 - 3:45 PM. The Brookings Institution (BI) will host a panel discussion titled "European Financial Regulation and Transatlantic Collaboration". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

Thursday, February 26

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. McCarthy's schedule.

9:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "NSA Overview". No webcast. See, notice. Location: Room HVC-304, Capitol Building.

9:30 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Michelle Lee (to be head of the USPTO) and Loretta Lynch (Attorney General). The agenda also includes consideration of four nominees for the U.S. District Court: Alfred Bennett (USDC/SDTex), George Hanks (USDC/SDTex), Jose Olvera (USDC/SDTex), and Jill Parrish (USDC/DUtah). The agenda also includes consideration of five nominees for the Court of Federal Claims: Nancy Firestone, Thomas Halkowski, Patricia McCarthy, Jeri Somers, and Armando Bonilla. The agenda also includes consideration of S 178, the "Justice for Victims of Trafficking Act of 2015", and S 166, the "Stop Exploitation Through Trafficking Act of 2015". Live and archived webcast. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Research and Technology will hold a hearing on the FY16 budget proposals for the National Science Foundation (NSF) and National Institute of Standards and Technology (NIST). The witnesses will be France Cordova (Director of the NSF), Daniel Arvizu (Chariman of the National Science Board), and Willie May (acting Director of the NIST). Webcast. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM - 1:00 PM. The House Foreign Affairs Committee's (HFAC) Subcommittee on Asia and the Pacific will hold a hearing titled "Across the Other Pond: U.S. Opportunities and Challenges in the Asia Pacific". See, notice. Location: Room 2172, Rayburn Building.

10:15 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Manufacturing and Trade will hold a hearing titled "Update: Patent Demand Letter Practices and Solutions". The witnesses will be __. Webcast. See, notice. Location: Room 2322, Rayburn Building.

10:30 AM. The Senate Appropriations Committee's (SAC) Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY16 budget for the Department of Commerce (DOC). The witness will be Penny Pritzger (Secretary of Commerce). See, notice. Location: Room 192, Dirksen Building.

10:30 AM. The Federal Communications Commission (FCC) will host an event titled "Open Commission Meeting". The tentative agenda includes adoption of the FCC's Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection. Open to the public. Webcast. Location: FCC, Commission Meeting Room, 445 12th St., SW.

1:30 PM. The House Judiciary Committee (HJC) will hold a hearing titled "The U.S. Copyright Office: Its Functions and Resources". The witnesses will be Keith Kupferschmid (Software & Information Industry Association), Lisa Dunner (on behalf of the American Bar Association Nancy Mertzel (on behalf of the American Intellectual Property Law Association), and Bob Brauneis (George Washington University Law School). Webcast. See, notice. Location: Room 2141, Rayburn Building.

1:30 PM. The House Appropriations Committee's Subcommittee on the Legislative Branch will hold a hearing on the budget for the Library of Congress (LOC) and Architect of the Capitol. The witnesses will include James Billington. See, notice. Location: Room HT-2, Capitol Building.

Deadline to submit oppositions to the Petitions for Reconsideration (PR) of the FCC's January 30, 2015 report in its proceeding regarding the 600 MHz broadcast television incentive auction (GN Docket No. 12-268 and ET Docket Nos. 13-26 and 14-14) which makes determinations regarding establishing its inter-service interference methodology and associated protection standards for any television stations and new 600 MHz Band wireless licensees. See, National Association of Broadcasters' (NAB) PR and Sprint's PR. See also, notice in the Federal Register, Vol. 80, No. 28, February 11, 2015, at Page 7562.

Friday, February 27

The House will meet at 9:00 AM legislative business. See, Rep. McCarthy's schedule.

Supreme Court conference day. See, 2014-2015 calendar. Closed to the public.

9:00 AM - 4:00 PM. The Federal Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA) Special Committee 222, Inmarsat AMS(R)S, will meet, both on site, and by teleconference. The agenda includes consideration of (1) the draft Change 4 to DO-210D, (2) a work plan to progress development of Iridium NEXT material for DO-343, and (3) a work plan to progress cooperation with Eurocae WG-82. Free. Open to the public. The dial in information is in the notice in the Federal Register, Vol. 80, No. 23, February 4, 2015, at Page 6158. Location: RTCA, Suite 910, 1150 18th St., NW.

9:00 AM - 12:00 NOON. The Brookings Institution (BI) will host an event titled "China's Security and Foreign Policies: Comparing American and Japanese Perspectives". See, notice. Location: BI, 1775 Massachusetts Ave., NW.

11:00 AM - 1:30 PM. The Tech Freedom will host an event titled "Fireside Chat with FCC Commissioners Ajit Pai and Mike O’Rielly". The topic will be the Federal Communications Commission's (FCC) February 26 Report and Order on Remand, Declaratory Ruling, and Order reclassifying broadband internet access service (BIAS) as a Title II telecommunications service, and creating a regulatory regime for internet interconnection. Free. Open to the pubic. Lunch will be served. Webcast. No CLE credits. No fireplace. See, notice. Location: Reserve Officers Association, Ballroom, 1 Constitution Ave., NE.

1:30 PM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution and Civil Justice will hold a hearing titled "The State of Class Action Ten Years after the Enactment of the Class Action Fairness Act". The witnesses will be Andrew Pincus (Mayer Brown), John Sweeney (DRI Voice of the Defense Bar), Patricia Moore (St. Thomas University School of Law), and Jessica Miller (Skadden Arps). Webcast. See, notice. Location: Room 2141, Rayburn Building.

Deadline for businesses with fewer that 1,500 employees to comply with the administrative subpoena, directed at all providers of special access service, to produce of special access data. The FCC's Wireline Competition Bureau (WCB) issued this Public Notice (PN) and attached subpoena on January 16, 2015. It is DA 15-66 in Docket No. WC Docket No. 05-25. See also, notice in the Federal Register, Vol. 80, No. 29, February 12, 2015, at Pages 7865-7866.

Deadline to submit to the Government Accountability Office (GAO) nominations for membership on the Health Information Technology Policy Committee. See, notice in the Federal Register, Vol. 80, No. 22, February 3, 2015, at Page 5759.

Sunday, March 1

EXTENDED TO MARCH 13. Deadline to submit applications to the Department of Commerce's (DOC) International Trade Administration (ITA) to participate in the Cyber Security Business Development Mission to Poland and Romania scheduled for May 11-15, 2015. See, original notice in the Federal Register (FR), Vol. 79, No. 189, September 30, 2014, at Pages 58746-58749, and extension notice in the FR, Vol. 80, No. 32, February 18, 2015, at Pages 8607-8608, February 18, 2015.

Monday, March 2

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Allvoice Developments v. Microsoft, App. Ct. No. 14-1258. This is an appeal from the U.S. District Court (WDWash) in a patent infringement case involving speech recognition technology. See, December 23, 2013 order. Panel A. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in SynQor v. Artesyn Technologies, App. Ct. No. 14-1459. This is an appeal from the U.S. District Court (EDTex) in a patent infringement case involving power converter systems used to power circuitry in large computer systems and telecommunication and data communication equipment. Panel B. This is the second of four cases on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mayfair Wireless v. Cellco Partnership, App. Ct. No. 14-1587. This is an appeal from the U.S. District Court (DDel) in a patent infringement case. Panel B. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Fuzzysharp Technologies v. Intel, App. Ct. No. 14-1261. This is an appeal from the U.S. District Court (NDCal) in a patent infringement case. Panel B. This case is the fourth of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Medtrica Solutions v. Steris, App. Ct. No. 14-1400. This is an appeal from the U.S. District Court (WDWash) in a patent infringement case. The patent in suit is not ICT related. However, there is a post Octane Fitness attorneys fees issue. Panel C. This is the second of four cases on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Gametek v. Zynga, App. Ct. No. 14-1620. Panel E. This case is the second of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in eTAGZ v. Flambeau, App. Ct. No. 14-1285, an appeal from the U.S. District Court (DUtah). Panel E. This case is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 402, 717 Madison Place, NW.

2:00 - 2:45 PM. The American Enterprise Institute (AEI) will host an event titled "The Path Ahead for US Internet Policy: A Conversation with Representative Greg Walden". Free. Open to the public. Live and archived webcast. See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

Deadline to submit comments to the Securities and Exchange Commission's (SEC) Advisory Committee on Small and Emerging Companies in advance of its March 4, 2015 meeting to discuss "rules and regulations affecting small and emerging companies under the federal securities laws". See, notice in the Federal Register, Vol. 80, No. 31, February 17, 2015, at Pages 8374-8375.

Tuesday, March 3

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Automated Merchandising v. Lee, App. Ct. No. 14-1728. This is an appeal from the U.S. District Court (EDVa). Panel D. This cased is the third of four on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 201, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Sealant Systems International v. TEK Global, App. Ct. No. 14-1405, an appeal from the U.S. District Court (NDCal) in a patent infringement case. The patent in suit is not ICT related. However, the District court granted injunctive relief to a patent owner who is not practicing or licensing the patent in suit. See, the Supreme Court's 2006 opinion in eBay v. MercExchange. Panel F. This case is the second of two on the schedule. See, oral arguments schedule. No live webcast. Archived audio webcast. Location: Courtroom 203, 717 Madison Place, NW.

12:00 NOON - 1:00 PM. The Proskauer law firm will host a webcast seminar titled "Managing the Risk of Cyber Liabilities and Operations Disruption: Responsibilities of the Board of Directors". The speakers will be Margaret Dale, John Failla, Steven Gilford, and Kristen Mathews (all of Proskauer). CLE credits.

12:30 - 2:00 PM. The American Intellectual Property Law Association (AIPLA) will host a webcast panel discussion titled "Best Practices to Secure Allowance of Patent Application Claims Using Evidence". The speakers will be Courtenay Brinckerhoff (Foley & Lardner), Mary Till (USPTO), and Anthony Son (Andrews Kurth). CLE credits. The price ranges from $95 to $135. See, notice.