| Powell Creates Task Force
to Conduct Spectrum Inquiry |
6/6. The Federal
Communications Commission (FCC) released a document
[7 pages in PDF] titled "Public Notice" which states
that "Chairman Powell has formed a Spectrum Policy Task Force
charged with conducting a systemic evaluation of existing
spectrum policies and with making recommendations as to
possible improvements."
The Public Notice requests public comments in response to 28
spectrum related questions. Many questions are compound and/or
contain subparts. It posses
questions regarding moving towards market oriented allocations
of spectrum, such as "What specific policy and rule
changes are needed to migrate from current spectrum
allocations to more market oriented allocations?" Other
questions pertain to interference, efficiency
use of spectrum, public safety communications, and international issues.
Public comments are due by July 8. Reply comments are due by
July 23. The Public Notice also states that the task force
will conduct public workshops in July and August. Finally, the
Public Notice states that it will issue a report in October of
2002.
Chairman Michael
Powell announced in this Public Notice that Paul Kolodzy,
Senior Spectrum Policy Advisor in the Office of Engineering and
Technology (OET), will be in charge of the task force.
Lauren Van Wazer, Special Counsel to the Chief of the OET will
be the Deputy Director. Michael Marcus, Associate Chief for
Technology of the OET, will be Senior Technical Advisor.
Maureen McLaughlin, Senior Counsel in the Office of General Counsel,
will be Special Counsel.
The Public Notice solicits public comments in response to
questions, sets deadlines for original and reply comments, and
states that the task force will then issue a report. It
describes a proceeding that bears a strong resemblance to a
Notice of Inquiry (NOI) proceeding. However, unlike a NOI
proceeding, it is noticed by the Chairman, rather than by the
full Commission, and the report will be prepared by a task
force appointed by the Chairman, and not approved by the full
Commission.
Two Commissioners are not pleased with this procedure. Kevin Martin
and Michael
Copps released a joint
statement [PDF]. They wrote that "Spectrum management
is one of the Commission's most important functions. It
requires full Commission attention every step of the way.
Instead, in this proceeding, a newly created task force is
seeking comment on formulating policy on fundamental spectrum
management issues without direct input or oversight by the
Commission. Task forces ... must always be responsible to the
full Commission as their work proceeds. These are critically
important issues, and we believe they would be better
addressed in a Notice of Inquiry issued by the
Commission." |
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| FCC Creates a 271
Compliance Review Program |
6/6. The Federal
Communications Commission's (FCC) Enforcement Bureau announced
the establishment of a "Section 271 Compliance Review
Program" for the Regional Bell Operating Companies (RBOCs)
whose Section
271 applications to provide in region interLATA services
have been approved by the FCC.
The FCC stated in a FCC
release [PDF] that a new "Section 271 Compliance
Review Team will now monitor on a more structured and
systematic basis the companies' compliance with the market
opening conditions of section 271 of the Telecommunications
Act of 1996.
The FCC further stated that this team "will scrutinize
BOC performance data and other pertinent information to
determine whether such documentation indicates that a BOC is
continuing to meet its section 271 obligations. This process
will include regular compliance reviews six and 12 months
after approval ... The Team members will also serve as a point
of contact for state commissions, competitive carriers, and
other interested persons who may wish to report informally any
perceived instances of noncompliance with section 271.
Finally, if the Team determines a BOC may not be in
compliance, it will initiate an investigation and, if
warranted, take or recommend appropriate enforcement
action."
FCC Chairman Michael Powell
stated in a release
[PDF] that "Through this program, the Commission
continues to demonstrate its commitment to ensuring that the
Bell Operating Companies do not abuse their local market
dominance once they receive long distance authority." |
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| Agenda of June 13 FCC
Meeting |
6/6. The Federal
Communications Commission (FCC) released the agenda
for its Thursday, June 13, open meeting. The FCC will consider
the following:
(1) a Report and Order concerning the possible sunset of
Section 628(c)(2)(D). (This is the matter titled
Implementation of the Cable Television Consumer Protection and
Competition Act of 1992; Development of Competition and
Diversity in Video Programming and Distribution: Section
628(c) of the Communications Act; Sunset of the Exclusive
Contract Prohibition. CS Docket No. 01-290.)
(2) a Notice of Proposed Rulemaking and Order concerning cable
television rate regulations.
(3) a Notice of Inquiry seeking information and comment for
the Ninth Annual Report to Congress on the status of
competition in the market for the delivery of video
programming.
(4) a Seventh Report concerning the status of competition with
respect to Commercial Mobile Services.
(5) a Notice of Proposed Rulemaking concerning service rules
for the 71-76 GHz, 81-86 GHz and 92-95 GHz.
(6) an Order modifying section 54.507(a) of FCC rules
pertaining to unused funding. (This is titled Schools and
Libraries Universal Service Support Mechanism. CC Docket No.
02-6.)
Finally, the Wireline Competition Bureau and Office of
Engineering & Technology and the National Communications
System will report on the Telecommunications Service Priority
program and related outreach efforts. |
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| 9th Circuit Rules on
Discovery in U.S. for EC Antitrust Proceeding |
6/6. The U.S.
Court of Appeals (9thCir) issued its opinion
[PDF] in AMD
v. Intel, holding that discovery is available
in the U.S. pursuant to 28
U.S.C. § 1782 for a complainant in an Article 82
antitrust matter before the European Commission.
Advanced Micro Devices (AMD)
filed a complaint with the Directorate
General - Competition of the European
Commission alleging that Intel
violated Article
82 of the EC Treaty, which prohibits "abuse by one or
more undertakings of a dominant position within the common
market." AMD then sought discovery from Intel under 28
U.S.C. § 1782, which provides that "The district
court of the district in which a person resides or is found
may order him to give his testimony or statement or to produce
a document or other thing for use in a proceeding in a foreign
or international tribunal ..."
AMD sought documents from Intel pertaining to another
antitrust action in the U.S. against Intel (Intergraph case).
Intel objected. AMD sought to compel discovery in the U.S. District Court (NDCal).
The District Court held that the EC action was not a
proceeding within the meaning of Section 1782. AMD appealed.
The Court of Appeals stated that Section 1782 is broad and
inclusive and includes quasi judicial and administrative
bodies, and preliminary investigations leading to judicial
proceedings. It held that "the EC is an administrative
body and that the investigation being conducted by its
Directorate is related to a quasi- judicial or judicial
proceeding. AMD has the right to petition the EC to stop what
it believes is conduct that violates the EC Treaty, to present
evidence it believes supports its allegations, to have the EC
evaluate what it presents and to have the resulting action (or
inaction) reviewed by the European courts. Although
preliminary, the process qualifies as a ``proceeding before a
tribunal´´ within the meaning of 28 U.S.C. § 1782."
Moreover, the Appeals Court held that Section 1782 does not
"require a threshold showing on the party seeking
discovery that what is sought be discoverable in the foreign
proceeding." The Appeals Court reversed and remanded to
the District Court. |
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| Commerce Department Amends
Encryption Export Rules |
6/6. The Department of
Commerce's (DOC) Bureau
of Industry and Security (BIS), formerly known as the
Bureau of Export Administration (BXA), published a notice
in the Federal Register of an interim final rule that contains
numerous amendments to the Export Administration Regulations
(EAR) pertaining to encryption export controls.
The BIS stated that "As a result of the revisions made by
this rule, mass market encryption commodities and software
with symmetric key lengths exceeding 64 bits may be exported
and reexported to most destinations without a license,
following a 30-day review by the Bureau of Industry and
Security. In addition, this rule expands License Exception ENC
eligibility to authorize exports and reexports of information
security test, inspection, and production equipment controlled
under ECCN 5B002. Finally, this rule updates and clarifies the
notification, review, licensing, and post-export reporting
requirements that apply to certain encryption items."
The text of the rule changes are contained in the notice. See,
Federal Register, June 6, 2002, Vol. 67, No. 109, at Pages
38855 - 38869. |
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| Friday, June 7 |
The House is in recess until June 10.
The Supreme Court is in recess until June 10.
8:30 AM - 5:00 PM. Day three of a three day public workshop
hosted by the FTC on proposed
amendments to the Telemarketing Sales Rule, including the
potential development and implementation of a national do not
call list. See, FTC release
and agenda.
Location: Marriott Wardman Park Hotel, 2600 Woodley Rd., NW.
10:00 AM. The House
Government Reform Committee's Subcommittee on Technology
and Procurement Policy will hold a hearing titled
"Coordinated Information Sharing & Homeland Security
Technology" Location: Room 2154, Rayburn Building.
12:00 NOON - 1:30 PM. The Federalist
Society will host a debate on judicial nominations between
Douglas Kmiec (Columbus School of Law) and Elliot Mincberg (People for the American Way).
For more information, call Joel Pardoe at 202 822-8138. See, release.
Location: Holeman Lounge, National
Press Club, 529 14th St. NW, 13th Floor.
12:15 PM. The FCBA's
Wireless Telecommunications and International Practice
Committees will host a luncheon. The topic will be
International Wireless Developments. The price to attend is
$15. RSVP to wendy @fcba.org.
Location: 1750 K Street, NW. |
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| Sunday, June 9 |
| Day one of a three day conference hosted by George Mason
University titled "Networked Economy Summit". See, event web site.
Location: Hyatt Regency Reston, Reston, VA. |
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| Monday, June 10 |
The FCBA will
host a luncheon. The speaker will be Brian Roberts of Comcast. The price is $45
for FCBA members, $35 for government and student members, and
$55 for non-members. There will be a reception at 12:00 NOON.
The luncheon will begin at 12:30 PM. RSVP to Wendy Parish at wendy @fcba.org by June 5.
Location: Capital Hilton, 16th & K Streets.
Day one of a two day seminar titled "Managing Trade
Compliance In Today's Environment". The seminar is
offered by the U.S. Department of Commerce's Bureau of Industry and Security
(formerly BXA). The price to attend is $325. See, information
page. Location: Marriott at Metro Center, 775 12 Street
NW.
Day two of a three day conference hosted by George Mason
University titled "Networked Economy Summit". See, event web site.
Location: Hyatt Regency Reston, Reston, VA.
First of three deadlines to submit proposals to the NIST
for FY 2002 Advanced
Technology Program funds. See, notice
in Federal Register. |
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| Tuesday, June 11 |
7:00 AM - 4:00 PM. Day one of a two day conference titled
"Current and Emerging Solutions to Public Safety
Communications Interoperability" hosted by the NTIA
and the Public Safety Wireless Network Program. Audio webcast.
See, notice
in the Federal Register. Location: Ronald Reagan International
Trade Center, 1300 Pennsylvania Ave., NW.
9:00 AM - 2:00 PM. The American
Enterprise Institute (AEI) will host a conference titled
"The Future of Telecom Regulation". See, agenda and
registration page. Location: AEI, 12th floor, 1150 17th
St., NW.
9:00 AM - 4:00 PM. Day one of a three day meeting of the NIST's
Computer System Security and Privacy Advisory Board. See, notice
in Federal Register. Location: National Security Agency's
National Cryptologic Museum, Colony 7 Road, Annapolis
Junction, MD.
9:30 AM. The Senate
Commerce Committee's Subcommittee on Communications will
hold a hearing titled Spectrum Management. Press contact: Andy
Davis 224-6654. Location: Room 253, Russell Building.
2:30 PM. The Senate
Judiciary Committee's Subcommittee on Technology,
Terrorism, and Government Information will hold a hearing on
the S
2541, the Identity Theft Penalty Enhancement Act.
Location: Room 226, Dirksen Building.
Day two of a two day seminar titled "Managing Trade
Compliance In Today's Environment". The seminar is
offered by the U.S. Department of Commerce's Bureau of Industry and Security
(formerly BXA). See, information
page.
Day three of a three day conference hosted by George Mason
University titled "Networked Economy Summit". See, event web site.
Location: Hyatt Regency Reston, Reston, VA. |
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| Wednesday, June 12 |
7:00 AM - 3:30 PM. Day two of a two day conference titled
"Current and Emerging Solutions to Public Safety
Communications Interoperability" hosted by the NTIA
and the Public Safety Wireless Network Program. Audio webcast.
See, notice
in the Federal Register.
8:30 AM - 4:00 PM. Day two of a three day meeting of the NIST's
Computer System Security and Privacy Advisory Board. See, notice
in Federal Register.
9:00 AM - 1:00 PM. The President's Council of Advisors on
Science and Technology will hold a public meeting. The agenda
includes four items: (1) the science and technology of
combating terrorism, (2) policies and technologies to improve
energy efficiency, (3) the federal investment in science and
technology research and development, and (4) demand issues
that can speed the deployment of a 21st Century broadband
infrastructure. See, notice
in Federal Register. Location: Colonial Room, Renaissance
Mayflower Hotel, 1127 Connecticut Ave., NW.
2:30 PM. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space Subcommittee will hold a hearings to examine the ICANN).
Press contact: Andy Davis at 202 224-6654. Location: Room 253,
Russell Building.
11:00 AM. The Cato Institute
will host a panel discussion titled "Digital Copy
Protection: Mandate It? Ban It? Or Let the Market
Decide?". The speakers will be Rick Lane (News
Corporation), Jonathan Potter (DiMA), Sarah Deutsch (Verizon), Stewart Verdery
(Vivendi Universal), and Jonathan Zuck (ACT).
Lunch will follow. Webcast. See, online
registration page. Location: Cato, 1000 Massachusetts
Ave., NW.
12:30 PM. The FCBA's
Global Telecommunications Development Committee and the
International Practice Committee will host a luncheon seminar
titled "Three Principles for the Liberalization of
Telecommunications in Latin America: Competition, Competition
and Competition". The speakers will be Henoch Aguiar, a
former Secretary of Telecommunications of Argentina. This
program is free and lunch will be provided. RSVP by faxing or
e-mailing your name, affiliation, and contact information to
Javier Miguel Tizado at 202 639-9355 or jtizado @whitecase.com
by Monday, June 10th. Location: White & Case, 601 13th
St., NW, Suite 600. |
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| Thursday, June 13 |
8:30 AM - 3:00 PM. Day three of a three day meeting of the NIST's
Computer System Security and Privacy Advisory Board. See, notice
in Federal Register.
9:30 AM. The FCC will hold a
meeting. See, agenda.
Location: FCC, 445 12th Street, SW, Room TW-C05.
10:00 AM. The House Ways and Means Committee will hold a
hearing on the extraterritorial income regime. Location: Room
1100, Longworth Building.
2:00 - 4:00 PM. The American
Enterprise Institute (AEI) will host a panel discussion
titled "The Future of the Distribution of Video
Programming". The speakers will be Harold Furchtgott-
Roth (AEI), James Ramo (Movielink), Jerald Fritz (Albritton
Communications), Michael Kupinski (A.G. Edwards & Sons),
Jonathan Potter (DiMA), and Donald Whiteside (Intel). See, agenda and
registration page. Location: AEI, 12th floor, 1150 17th
St., NW. |
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