| FCC Acts on Northpoint
Application |
4/23. The Federal
Communications Commission (FCC) announced that it adopted
a Memorandum Opinion and Order and Second Report and Order
regarding the spectrum sharing technology developed by Northpoint
Technologies. This technology is intended to provide a
wireless alternative to cable, as well as high speed wireless
Internet access.
The FCC did not release the order. Rather, it released only a press
release, and statements by the four FCC Commissioners.
See, joint
statement by Michael Powell
and Kathleen
Abernathy, statement
by Michael
Copps, and statement
by Kevin
Martin. This is ET Docket No. 98-206, RM 9147, and RM
9245.
The FCC states that it adopted Multichannel Video Distribution
and Data Service (MVDDS) service and technical rules that
permit MVDDS operators to share the 12 GHz band with Direct
Broadcast Satellite (DBS) and non- geostationary satellite
orbit (NGSO) fixed-satellite service (FSS) operators. That is,
the order provides for the sharing of spectrum by satellite
and terrestrial users.
The FCC will not allocate this shared spectrum to Northpoint.
Rather, Northpoint would have to acquire licenses, by
geographic areas, in competitive auctions. However, the FCC
states that dominant cable operators will be prevented from
acquiring an attributable interest in an MVDDS license for a
service area where significant overlap is present.
Northpoint had sought free spectrum, based on its many years
of effort in developing the technology, and pursuing FCC
action enabling its use. Powell and Abernathy wrote that
"Northpoint arrived at the Commission many years ago with
a proposal for a new and innovative way to share the DBS
spectrum. Today, thanks in large part to its fine work and
diligence, that service will go forward. ... There is little
question that had it not been for Northpoint, the MVDDS
service would not be ready to move forward today. Northpoint
has put significant time and resources into developing its
service model as well as its Commission and congressional
advocacy over a long period of time. We applaud these
efforts." But now, Northpoint stands in the same position
as its competitors.
TLJ spoke with Sophia Collier, President of Northpoint. She
stated that Northpoint has spent over $10 Million on obtaining
patents, working with the FCC, and lobbying the Congress. She
also stated that Northpoint may file a petition for review of
the FCC's order with the U.S. Court of Appeals (DCCir)
based on disparate treatment of satellite service providers
(who have obtained spectrum outside of auction) and Northpoint
(which will have to bid at auction). Northpoint is presented
by the law firm of Kellogg Huber.
See also, Northpoint
release [PDF].
Northpoint has described its technology as follows: "Northpoint
is a patented, digital, wireless, cell based, terrestrial
transmission technology that reuses radio frequency spectrum
previously reserved for satellite systems. Northpoint can
reuse this spectrum by keeping the terrestrial signal below
the level to cause interference to the satellite signal, but
above the level required to provide reliable terrestrial
service. This is accomplished through several means, one of
which is directional transmission. The Northpoint system
consists of directional broadcast antennas located on towers,
poles, buildings or mountains. The transmissions are oriented
in a limited azimuth range, based upon the look angles to the
satellite systems with which the Northpoint system will share
frequencies, allowing harmonious simultaneous co-channel
transmissions between satellite and terrestrial
services." See, Northpoint
paper.
Commissioner Copps observed that "MVDDS has the potential
to speed the deployment of broadband telecommunications
services throughout the country, and especially to rural
America. The MVDDS service includes the ability to offer
broadband services, such as Internet access, via terrestrial
wireless facilities."
Northpoint seeks to provide multichannel video programming
services as a competitive alternative to cable. It also plans
to offer high speed wireless Internet access via its small
dish antennas. Collier stated that it plans to offer
asymmetric transfer rates of 512 kbps upstream and 2 mbps
downstream. |
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| House Subcommittee Holds
Hearing on Intellectual Property |
4/23. The House
Appropriations Committee's Subcommittee on Commerce,
Justice, State, and the Judiciary held a hearing on
intellectual property rights.
U.S. Patent and Trademark
Office (USPTO) Director James Rogan
focused on international issues in his prepared
testimony. He stated that "in addition to the
examination and issuance of patents and trademarks, USPTO
works to promote protection of the intellectual property of
American innovators on both the domestic and international
levels."
Rogan stated that "a significant part of our
international efforts at the USPTO are devoted to
strengthening IP enforcement abroad and combating IP piracy.
With the growing importance of intellectual property assets,
the need for enforcement of these rights abroad has increased
substantially."
He singled out China. He said that "one of the areas of
greatest concern with respect to IP piracy is Asia,
particularly China. The risks of increased piracy mount on a
daily basis with rapidly increasing Internet penetration,
Napster like file exchange systems, and involvement of
organized crime. Yet, despite WTO commitments, there is little
evidence of any prosecutions of Chinese citizens for criminal
copyright theft."
Rogan also stated that "Our goal in the international
arena is to move toward greater consistency in intellectual
property protection around the world." For example,
"In the patents area, we are striving for uniform
treatment of patent applications and patent grants worldwide,
which will reduce costs for American patent owners in
obtaining and preserving their IP rights abroad."
Assistant Secretary of State Anthony Wayne stated in his prepared
testimony that "we observe a significant, if not
readily quantifiable, increased appreciation of the benefits
inherent in effective protection of intellectual property
rights. More and more, our trading partners are beginning to
understand that their future growth and development depends in
large part on their becoming active players in the global
knowledge based economy. They also are coming to appreciate
that strong intellectual property protection is necessary to
create an attractive investment climate. In short, economic
self interest is becoming a very important factor in enhancing
intellectual property protection overseas." However, he
added that the Special 301 review remains an important tool
for fighting piracy abroad. |
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| DOJ and Computer Associates
Settle Gun Jumping Suit |
4/23. The Department of
Justice (DOJ) and Computer
Associates (CA) and Platinum Technology International (PTI)
announced that they have reached a proposed settlement of a
civil suit filed by the DOJ against CA.
On September 28, 2001, the DOJ filed a complaint in U.S. District Court (DC)
against CA and PTI alleging that after CA and PTI announced
their proposed merger they violated the pre-merger waiting
period requirements and agreed to restrict PTI's ability to
offer discounts to customers during the merger waiting period,
in violation of the Hart Scott Rodino (HSR) Act and Section 1
of the Sherman Act. That is, the complaint alleged that CA
"jumped the gun" and exercised operation control of
an acquisition candidate during the HSR waiting period.
Under the terms of the proposed settlement, CA will pay a
civil penalty of $638,000. The settlement agreement, filed
with the U.S. District Court, can not become final until after
a 60 day public comment period.
Charles James,
Assistant Attorney General for the Antitrust Division,
stated in a release
that "Merging parties must comply with their antitrust
obligations and continue to operate independently pending
consummation of their transaction ... The Department views gun
jumping as a serious matter and will proceed against parties
who fail to respect the law with regard to preconsummation
conduct." See also, CA
release. |
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| 6th Circuit Applies
Antitrust Exemption to Municipal Phone Contracts |
4/23. The U.S.
Court of Appeals (6thCir) issued its opinion
in Michigan
Paytel v. City of Detroit, an antitrust action
against Detroit and Ameritech regarding the bidding process
for the provision of pay telephone service in the city jail.
The City of Detroit Police Department issued a Request for
Proposal (RFP) and began to solicit bids for an "in-cell
telephone contract" at its "lock-up
facilities". Michigan Paytel submitted a bid. The City
awarded the contract to Ameritech (now SBC) without following
its RFP.
Michigan Paytel filed a complaint in U.S. District Court (EDMich)
against Detroit, Ameritech, and others alleging violation of
federal and state antitrust law, as well as a variety of civil
rights, tort, contract, conspiracy claims. The District Court
dismissed the antitrust and other claims, and granted summary
judgment to Detroit.
The Appeals Court affirmed. The Court held that "the City
is immune from antitrust liability because anticompetitive
effects are the logical and foreseeable result of the City's
broad authority under state law and the Michigan Constitution
to bid out public contracts for the maintenance of City
prisons." Moreover, the state action exemption also
entitles the private defendants to protection from antitrust
liability in this case.
Prisoners get their own phones? |
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| FCC Releases Phone
Penetration Report |
| 4/23. The Federal
Communications Commission (FCC) released its annual report
[71 pages PDF] titled "Telephone Penetration by Income by
State". See also, FCC
release [2 pages in PDF]. The report found that in March
2001, 12.4% of low income households nationwide did not have a
phone. And, in the state of Michigan, 16% of low income
households lacked their own phones. |
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| SEC Official Addresses
Securities Regulation and the Internet |
4/19. Paul Roye, Director of the Securities and Exchange Commission's
(SEC) Division
of Investment Management gave a speech
at the Suffolk
University School of Law in Boston, Massachusetts. He
discussed, among other topics, securities regulation and the
Internet.
He stated that "The Internet has no borders and the
growing importance of e-commerce in the financial services
area, has made it necessary to reconsider traditional
regulatory approaches. As a report of the Internet Task Force
to the Technical Committee of the International Organization
of Securities Commissions ("IOSCO") noted:
``Electronic communications and interactivity may not fit
neatly within the parameters of statutes, regulations and
directives originally intended for a telephone and paper based
environment, thus creating unnecessary regulatory burdens or
unintended regulatory gaps. Moreover, the very qualities that
make the Internet a valuable tool for investors and the
securities industry may render it a convenient tool to
perpetuate securities fraud and other violations. The Internet
also provides for instantaneous cross border communication and
interactivity, which challenge traditional notions of
jurisdiction and territoriality.´´"
He continued that "It is clear that increasing Internet
use presents new challenges for securities regulators and self
regulatory organizations. Recognizing this, IOSCO created an
Internet Task Force to examine and provide guidance on issues
relating to the impact of the Internet on securities
regulations, providing a report that identified Internet
issues that should be addressed by each jurisdiction and
providing guidance on how to approach these issues. Efforts
like this have been successful in helping shape logical and
consistent approaches to issues raised by the Internet." |
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| More News |
4/23. The U.S.
Court of Appeals (FedCir) issued its opinion in Abbott
Laboratories v. Dey, a patent infringement case
involving the doctrine of equivalents. The Tokyo Tanabe
Company, which is now known as Mitsubishi Tokyo
Pharmaceuticals, and its exclusive U.S. licensee, Abbott Laboratories, filed a
complaint in U.S.
District Court (NDIll) against Dey alleging infringement
of for infringement of the U.S.
Patent No. 4,397,839 and U.S. Patent No. 4,338,301. These
patents relate to a lung surfactant composition for treating
respiratory distress syndrome in premature babies. The
District Court granted Dey summary judgment of non
infringement of the 839 patent. The Appeals Court reversed on
the grounds that the District Court improperly precluded
plaintiffs from relying on the doctrine of equivalents to
prove infringement. Vacated and remanded.
4/23. April 24 marks the reopening of ".us" domain. Nancy
Victory, Director of the National Telecommunications
and Information Administration (NTIA), which administers
the domain, stated in a release that "By expanding access
to serve more people, the reopening of the '.us' Internet
domain set for April 24th will create new opportunities for
growth in the U.S. economy and throughout our society."
4/23. The Federal Communications
Commission (FCC) announced the extension of the deadline
to submit comments in its proceeding titled "In the
Matter of Rules and Policies Concerning Multiple Ownership of
Radio Broadcast Stations in Local Markets Definition of Radio
Markets". This is MM Docket Nos. 01-317 and 00-244. The
old deadline was April 24. The new deadline is May 8. See, FCC
release [PDF].
4/23. President Bush announced that the U.S. "will work
to enact a free trade agreement with Morocco". See, transcript
of press conference with King Mohammed VI of Morocco. Bush
also used the occasion to advocate passage of the trade
promotion authority bill, HR 3005,
by the Senate. He stated: "To this end, it's very
important that the United States Senate act on free trade, to
give me the trade promotion authority, as well as to work on
-- and the extension of the Andean Trade Preference Act. Trade
is an important part of good foreign policy, it's an important
part of making sure Americans can find jobs. And the Senate
needs to act, and it needs to act now." |
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| About Tech Law Journal |
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Contact: 202-364-8882; E-mail.
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Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Wednesday, April 24 |
The House will meet at 10:00 AM for legislative business.
Day three of a three day conference of the Electronics Industry Alliance.
See, agenda
[Word]. Location: Grand Hyatt Hotel.
9:00 AM - 3:30 PM. The Consumer
Electronics Association (CEA) will host an event titled Digital
Television (DTV) Summit: Moving to Mass Markets. Rep. Billy Tauzin
(R-LA) will give the opening keynote address. A 1:45 PM panel
will include Michael Petricone (CEA), Rick Chessen (FCC),
Andrew Levin (Minority Counsel, House Commerce Committee), and
Jessica Wallace (Counsel, House Commerce Committee). See, agenda.
Location: Washington Convention Center.
9:00 AM. Day one of a two day meeting of the Bureau of Export Administration's
(BXA) Information Systems Technical Advisory Committee (ISTAC).
The ISTAC advises the Office of the Assistant Secretary for
Export Administration on technical questions that affect the
level of export controls applicable to information systems
equipment and technology. The meeting will be open to the
public in part, and closed to the public in part. The open
agenda includes a presentation on web based remote hardware
management, a presentation on microelectro- mechanical (MEMS)
technology and applications, and a presentation on battery and
fuel cell technology. See, notice
in Federal Register. Location: Hoover Building, Room 3884,
14th Street between Pennsylvania Ave. and Constitution Ave.,
NW.
10:00 AM. The House
Judiciary Committee will mark up several tech bills,
including HR 3482,
the Cyber Security Enhancement Act of 2001, HR 3215,
the Combatting Illegal Gambling Reform and Modernization Act,
and HR 1877,
the Child Sez Crimes Wiretapping Act of 2001. Location: Room
2141, Rayburn Building.
10:45 AM. FTC Commissioner Mozelle
Thompson will participate in a panel discussion before the
American Bar Association, Antitrust Section, titled "The
Future of Leadership In a Competitive Environment" at the
ABA 2002 Annual Antitrust Spring Meeting. Location: J.W.
Marriott Hotel, 1331 Pennsylvania Ave., NW.
TIME CHANGE. 12:15 PM. Sen. George Allen (R-VA),
Commerce Secretary Paul
O'Neill, and high tech business representatives will hold
a press conference on the importance of trade promotion
authority (TPA) to the high tech community. Location: Room
S-211, LBJ Room, U.S. Capitol.
12:00 NOON - 1:30 PM. The Cellular
Telecommunications and Internet Association will host an
event titled Wireless Issues Day Luncheon. This event
is open to members of the media. For more information, contact
Travis Larson at tlarson
@ctia.org or Kim Kuo at kkuo
@ctia.org. Location: Room 325, Russell Building.
1:00 - 4:30 PM. The CFTC's
Technology Advisory Committee will hold a public meeting on
technology related issues in the financial services and
commodity markets, including cyber security. See, notice
in Federal Register. Location: Room 1000, CFTC, Three
Lafayette Centre, 1155 21st Street, NW.
2:30 PM. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space will hold a hearing on S
2037, a bill providing for the establishment of a national
emergency technology guard, and S
2182, the Cyber Security Research and Development Act, a
bill to authorize funding for computer and network security
research and development and research fellowship programs.
Both bills are sponsored by Sen.
Ron Wyden (D-OR). Rep.
Sherwood Boehlert (R-NY) will testify. He is the sponsor
of HR
3394, the House companion bill to S 2182. It passed the
House on February 7. Location: Room 253, Russell Building. |
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| Thursday, April 25 |
The House will meet at 10:00 AM for legislative business.
9:00 AM - 5:30 PM. Day one of a two day Copyright Conference
hosted by the USPTO, the
purpose of which is to "discuss current domestic and
international issues vital to the development of e-commerce
with members of the business and intellectual property
communities." See, USPTO
notice. Registration is required. Registration closed on
April 19. Location: The Academy for Educational Development
Conference Center, 1825 Connecticut Avenue, NW, 8th Floor.
9:00 AM. Day two of a two day meeting of the Bureau of Export Administration's
Information Systems Technical Advisory Committee (ISTAC). See,
notice
in Federal Register. Location: Herbert Hoover Building, Room
3884, 14th Street between Pennsylvania Ave. and Constitution
Ave., NW.
9:30 AM. The Senate
Commerce Committee will hold a hearing on online
privacy legislation. Location: Room 253, Russell Building.
10:00 AM. The Senate
Judiciary Committee will hold an executive business
meeting. Location: Room 226, Dirksen Building.
10:00 - 11:00 AM. The High Tech Coalition on Trade Promotion
Authority will hold a press conference to urge passage of TPA.
Location: Room SC-4, Capitol Building.
12:00 NOON. Sen. Russ
Feingold (D-WI), Rep.
Patsy Mink (D-HI), and members of the Free Expression
Network will hold a press conference to mark the six month
anniversary of the passage of the USA PATRIOT Act and to
address threats to free expression that have arisen since the
September 11 terrorist attacks. Location: Senate Swamp (across
from the Senate steps on the East Front of the Capitol). In
the event of rain, the location will be Room 216, Hart
Building.
12:15 PM. The FCBA's
Young Lawyers Committee will host a brown bag lunch. The topic
will be "The Year of the 271". The speakers will be
Dorothy Attwood (Chief of Wireline Competition Bureau),
Michelle Carey, (Chief of the Competition Policy Division),
Deena Shetler (Deputy Chief of the Pricing Policy Division),
and Renee Crittendon (Senior Attorney Advisor in the
Competition Policy Division). RSVP to Pam Slipakoff. Location:
Room 8-C245, FCC, 445 12th Street, SW.
12:30 PM. The House
Commerce Committee's Telecom and Internet Subcommittee
will hold a hearing titled Ensuring Content Protection in
the Digital Age. Location: Room 2123, Rayburn Building.
1:30 PM. FTC Commissioner Thomas
Leary will participate in a panel discussion titled
"Crises and Transitions: Is Competition Policy Responsive
to Market Power Issues in Restructuring Energy Markets?"
at the ABA 2002 Annual Antitrust Spring Meeting. Location:
J.W. Marriott Hotel, 1331 Pennsylvania Ave., NW.
2:00 PM. The Senate
Judiciary Committee will hold a hearing on several
judicial nominees, including Julia Gibbons (to be a judge of
the U.S. Court of Appeals for the Sixth Circuit), Leonard
Davis (U.S.D.C., Eastern District of Texas), David Godbey
(U.S.D.C., Northern District of Texas), Andrew Hanen
(U.S.D.C., Southern District of Texas), Samuel Mays (U.S.D.C.,
Western District of Tennessee), and Thomas Rose (U.S.D.C.,
Southern District of Ohio). Location: Room 226, Dirksen
Building.
3:30 PM. Mark
Lemley (Professor, Boalt Hall, UC Berkeley) will give a
lecture titled "Antitrust, Intellectual Property, and
Standard Setting Organizations". For more information,
contact Prof. Julie Cohen at jec@law. georgetown.edu.
Location: Georgetown
University Law Center, Faculty Lounge, 5th Floor,
McDonough Hall, 600 New Jersey Ave., NW.
Deadline to submit Notices of Intent to Participate to the Copyright Office in
its negotiation of 17
U.S.C. § 118 noncommercial educational broadcasting
compulsory license. See, notice
in Federal Register. |
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| Friday, April 26 |
The House will not be in session.
9:00 AM - 5:30 PM. Day two of a two day Copyright Conference
hosted by the USPTO, the
purpose of which is to "discuss current domestic and
international issues vital to the development of e-commerce
with members of the business and intellectual property
communities." See, USPTO
notice. Location: The Academy for Educational Development
Conference Center, 1825 Connecticut Ave., NW, 8th Floor.
10:00 AM. The FCC's
Technology Advisory Council will hold a meeting. See, FCC
notice and notice
in Federal Register. Location: Commission Meeting Room, FCC,
445 12th St., SW.
10:00 AM. FTC Chairman Timothy
Muris will participate in a roundtable discussion at the ABA
2002 Annual Antitrust Spring Meeting. Location: J.W. Marriott
Hotel, 1331 Pennsylvania Ave., NW.
12:00 NOON. The Cato Institute
will host a briefing titled Financial Privacy and the War
on Terrorism. The speakers will be David Burton
(Prosperity Institute), Bradley Jansen (Free Congress
Foundation), and Veronique de Rugy
(Cato). Lunch will follow. See, agenda and
online registration page. Location: Room B-369, Rayburn
Building.
12:00 NOON - 2:00 PM. FCC
Commissioner Kathleen
Abernathy will address the American Woman in Radio &
Television Awards Luncheon. For more information, contact
Sallie Gitlitz at 202 337-4684. Location: Ballroom, National Press Club, 529 14th
St. NW, 13th Floor.
3:00 - 5:00 PM. FCC
Commissioner Kathleen
Abernathy will address a Women's Bar Association Tea.
Location: Mayflower Hotel.
Extended deadline to submit reply comments to the Copyright Office in
response to its Notice of Proposed Rulemaking on "the
requirements for giving copyright owners reasonable notice of
the use of their works for sound recordings under statutory
license and for how records of such use shall be kept and made
available to copyright owners." See, original notice
in Federal Register, and extension notice
in Federal Register. |
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| Monday, April 29 |
The Supreme Court will go on recess until May 13.
10:00 - 11:30 AM. The FCC's Office of Engineering and
Technology will hold a tutorial titled Security of
Wireless Networks. David Wagner, Assistant Professor in
the Computer Science Division at the University of California
at Berkeley, will discuss security issues associated with
802.11 wireless networks. See, FCC
release.
12:15 PM. The FCBA's
Cable Practice Committee will host a luncheon. Rick Chessen,
head of FCC's DTV Transition Task Force, will discuss Chairman
Powell's proposal for accelerating the transition to digital
television. The price to attend is $15. RSVP to wendy @fcba.org. Location:
Mintz Levin, 9th Floor, 701 Pennsylvania Avenue, NW. |
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| Tuesday, April 30 |
The U.S. Chamber of
Commerce will host an event titled Beyond Broadband:
Policy and Business Strategies for Next Generation
Applications and Services. Federal Communications
Commission (FCC) Chairman Michael Powell
will give the keynote luncheon address. The price to attend
ranges from $275 to $500. For more information, contact Liza Ratana at 202
463-5500.
Deadline to submit reply comments to the FCC in response
to its notice of proposed rulemaking regarding its unbundling
analysis under § 251
of the Communications Act and the identification of specific
unbundling requirements for incumbent local exchange carriers.
This is CC Docket No. 01-338. See, notice
in the Federal Register.
Deadline to submit requests to the USPTO to speak
at its May 16 public hearing on its proposed plan to eliminate
the paper patent and trademark registration collections from
its public search facilities, and to transition to electronic
patent and trademark information collections. The USPTO is
seeking public comment on issues related to this proposed
plan. The USPTO is also seeking input on whether any
governmental entity or non-profit organization is interested
in acquiring the paper patent and trademark registration
collections to be removed from the USPTO's public search
facilities. See, notice
in Federal Register. |
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