| SBC Fined $6 Million for
Failing to Provide Shared Transport |
10/9. The Federal
Communications Commission (FCC) released a Forfeiture
Order in which it fined SBC
Communications (SBC) $6 Million for "violating a
competition related condition that the FCC imposed when it
approved the 1999 merger of SBC and Ameritech
Corporation".
The order provides that "we find that [SBC] willfully and
repeatedly violated one of the conditions that the Commission
imposed in its order approving the merger application of
[Ameritech] and SBC. Specifically, SBC failed to offer shared
transport in the former Ameritech states under terms and
conditions substantially similar to those that it offered in
Texas as of August 27, 1999, in violation of the SBC/
Ameritech Merger Order." (Footnotes omitted.)
FCC Chairman Michael Powell
stated that the order is "the highest in the
history" of the FCC, and "a further demonstration of
our commitment and resolve to ensure effective enforcement in
this area."
Powell elaborated that "After reviewing the merger of SBC
and Ameritech, the Commission adopted a set of conditions and
incorporated them in its order approving the license
transfers. The conditions became the law. SBC then went out
and broke the law in five different states by failing to
provide shared transport to its competitors. Such unlawful,
anti- competitive behavior is unacceptable. Instead of
sharing, as the law requires, SBC withheld and litigated,
forcing competitors to expend valuable time and resources to
exercise their rights under the FCC's order." See, Powell
statement.
This is EB-01-IH-0030. See also, FCC
release. |
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| FCC and AT&T Enter Into
E911 Consent Decree |
10/9. The Federal
Communications Commission (FCC) released an Order
which adopts a consent decree which resolves possible
violations of the E911 Phase II rules by AT&T Wireless
Services on its GSM network.
The FCC stated that AT&T "has committed to a timeline
for deployment of its network based location technology within
its Global System for Mobile Communications/ General Packet
Radio Service network (GSM network)." The decree sets
forth a timetable for deployment of cell sites on AT&T's
GSM network. The decree also provides a schedule under which
AT&T will provide Phase II service for Public Safety
Answering Points (PSAPs) that have filed valid requests for
Phase II service. In addition, the decree provides that
AT&T "agrees to make a voluntary contribution to the
United States Treasury in the amount of Two Million Dollars
($2,000,000)".
FCC Chairman Michael Powell
stated that "In addition to a very specific deployment
plan for its network, AT&T has agreed to make a voluntary
$2 million contribution to the Treasury -- the highest E911
related payment ever. Phase II E-911 deployment has vexed
equipment vendors and carriers alike. Nonetheless, national
GSM carriers committed to very specific compliance plans --
plans they have been unable to achieve. Consistent with
our rules, the Commission is committed to achieving E-911
Phase II as rapidly as possible. This enforcement action takes
a critical step by imposing a substantial cost for the delay
and putting in place the first comprehensive deployment plan
for a national GSM carrier." See, Powell
statement.
This is EB-02-TS-018. See also, FCC
release. |
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| Supreme Court Hears Oral
Argument Re Copyright Term Extension Act |
10/9. The Supreme
Court heard oral argument in Eldred v. Ashcroft (Case No.
01-618). This is a constitutional challenge to the Copyright
Term Extension Act (CTEA).
The CTEA extended, retroactively, the maximum duration of
copyrights from 75 to 95 years. The late Rep. Sonny Bono
(R-CA) introduced HR 1621 for this purpose in 1997. However,
it was the Senate version, S 505, which ultimately was passed
by both the House and Senate. President Clinton signed this
bill on October 21, 1998. (See, P.L. 105-298, 112 Stat. 2827.
It amends 17 U.S.C. § 304(b).)
A group of law professors, representing Eric Eldred, filed a
complaint in U.S.
District Court (DC) alleging several grounds for
overturning the CTEA. On October 27, 1999, the District Court
upheld the CTEA. See, Memorandum
of the Court and TLJ
story. The professors and Eldred appealed. On February 16,
2001, the U.S. Court
of Appeals (DCCir) issued its opinion
affirming the District Court. Chief Judge Douglas
Ginsburg wrote the opinion; Karen Henderson joined; and David
Sentelle dissented. The Court of Appeals also denied
plaintiffs' petition for rehearing en banc on July 13, 2001.
Sentelle and David Tatel dissented. See, opinion.
While the plaintiffs raised many issues in the District Court,
the issues before the Supreme Court are whether the Appeals
Court erred in holding that Congress has the power under the
Copyright Clause to extend retroactively the term of existing
copyrights, and whether the CTEA is immune from challenge
under the First Amendment.
See also, Berkman
Center case summary and TLJ
case summary. |
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| Commerce Department
Official Addresses Regional Technology Development |
10/8. Chris Israel, Deputy Assistant Secretary for
Technology Policy at the Commerce Department, gave a speech
to the Rural Telecommunications Congress in Des Moines, Iowa
in which he addressed the benefits of technology, the role of
technology in regional competitiveness, policies that can
promote regional technology development, and broadband demand.
Technology, which Israel said includes everything from
"information technology to biotechnology to
nanotechnology", is "critical to our nation for many
reasons".
He said that it provides "sustainable economic expansion
-- creating high wage jobs, world class exports and
productivity growth so critical to our long term global
competitiveness." It provides innovations that
"improve our quality of life". It is also "protect[s]
our homeland, hardening our infrastructure, detecting dangers
and empowering our defenders."
Israel next stated that technology "is also essential to
improving the quality of life and standard of living at the
state and local level." Moreover, "State and
regional public policies directly impact the pace of economic
growth, high wage job creation, and global investment.
Decisions made at the local level play a critical role in
establishing the environment needed to let innovators innovate
and entrepreneurs create jobs, companies, and community
wealth."
He listed many things that state and local governments can do,
including "Supporting research excellence, at
universities, federal labs and industry; protecting
intellectual property rights and encouraging technology
transfer; providing a certain and navigable regulatory
framework that prioritizes innovation; and encouraging
linkages and consortia between knowledge creators and
commercializers". He also listed "pursuing tax
policies that encourage investment and risk capital;
supporting trade inside and outside the cluster, encouraging
entrepreneurship education at all levels". In addition,
he listed improving infrastructure, "such as community
transportation systems, energy generation and transmission
infrastructure, and zoning and real estate laws".
Finally, Israel stated that "the telecommunications
infrastructure is particularly critical in the information
age, with broadband networks holding a key to enterprise
efficiency and cross cluster productivity". He then
offered a range of state and local policy decisions that can
impact broadband deployment.
These recommendations were treated in more detail in a report
[25 pages in PDF] written by the Office of Technology Policy,
titled "Understanding Broadband Demand: A Review of
Critical Issues". It was released last month.
Israel emphasized that state and local governments should
"Prioritize bandwidth when considering issues such as
rights of way, taxes and application fees, tower siting,
zoning, building and construction codes, building access,
franchise agreements, historic preservation and environmental
protections". They also "should consider ways to
aggregate demand to create incentives for carrier
deployment".
Finally, Israel touted some of the actions that the Bush
administration has taken to promote technology. |
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| More News |
10/9. The Federal
Communications Commission's (FCC) Media Bureau released two
research papers which pertain to its cable ownership
rulemaking proceeding, and to its AT&T Comcast merger
review. The papers are titled "Asymmetric
Bargaining Power and Pivotal Buyers" [PDF] and "Most
Favored Customers in the Cable Industry" [PDF]. Both
were written by Nodir Adilov of Cornell University and Peter
Alexander of the FCC's Media Bureau. The FCC stated in a release
[PDF] that these two papers "are not part of the Media
Ownership Working Group studies that were recently released
and incorporated into the third Biennial Regulatory Review of
Broadcast Ownership Rules proceeding." It also stated
that the papers "represent the individual views of their
authors and do not necessarily reflect the views of the FCC,
any FCC Commissioners, or other staff." The FCC released 12 studies
of the current media marketplace on October 1.
10/9. The Federal Trade
Commission (FTC) is holding a three day public workshop to
"explore how certain state regulations and private
business practices may be having significantly anticompetitive
effects on e-commerce". The series began on Tuesday,
October 8, and finishes on Thursday, October 10. See, list
of speakers, with links to prepared statements.
10/9. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled
"Telecommunications and Trade Promotion Authority:
Meaningful Market Access Goals for Telecommunications Services
in International Trade Agreements". See, opening
statement of Rep.
Cliff Stearns (R-FL), Chairman of the Subcommittee. See
also, prepared
testimony of Leonard
Waverman (London Business School), prepared
testimony of Larry Darby (Darby Associates), prepared
testimony of Scott
Harris (Harris
Wiltshire & Grannis), prepared
testimony of Gregory Sidak
(American Enterprise Institute),
and prepared
testimony of Florizell Liser (Assistant USTR for Industry and
Telecommunications). |
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| About Tech Law Journal |
Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for entities with multiple subscribers. Free one
month trial subscriptions are available. Also, free
subscriptions are available for law students, journalists,
elected officials, and employees of the Congress, courts, and
executive branch, and state officials. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert and
news items are not published in the web site until one month
after writing. See, subscription
information page.
Contact: 202-364-8882; E-mail.
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2002 David Carney, dba Tech Law Journal. All
rights reserved. |
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| Thursday, October 10 |
The House will meet at 10:00 AM for legislative business.
9:00 AM. The House
Judiciary Committee's Subcommittee on the Constitution
will hold an oversight hearing titled "A Judiciary
Diminished is Justice Denied: the Constitution, the Senate,
and the Vacancy Crisis in the Federal Judiciary".
Webcast. Location: Room 2141, Rayburn Building.
9:30 AM. The FCC will hold a
meeting. The agenda
includes four items. First, the FCC will consider a NPRM
concerning the reform of the International Settlements Policy,
its international simple resale and benchmarks policy, and the
issue of foreign mobile termination rates. (IB Docket No.
96-261). Second, the FCC will consider a First Report and
Order regarding digital operation by terrestrial radio
broadcasters. (MM Docket No. 99-325). Third, the FCC will a
Forefeiture Order concerning compliance with the shared
transport condition of the SBC Ameritech merger order.
Finally, the FCC's Enforcement Bureau will report on recent
enforcement activities. Location: FCC, 445 12th Street, SW,
Room TW-C05.
10:00 AM. The House
Science Committee will hold a hearing titled
"Conducting Research During the War on Terrorism:
Balancing Openness and Security." The scheduled witnesses
include John Marburger (Director of the White House Office of
Science and Technology Policy), Ronald Atlas (Am. Society of
Microbiologists), M.R.C. Greenwood (UC Santa Cruz), and Sheila
Widnall (MIT). See, notice.
Press contacts: Heidi
Tringe or Jeff
Donald at 202 225-4275. Location: Room 2318, Rayburn
Building.
12:00 PM. The Cato Institute
will host a book forum. Jagdish Bhagwati
(Columbia Univ.) will discuss his book, Free
Trade Today, and a collection which he edited, Going
Alone: The Case for Relaxed Reciprocity in Freeing Trade.
Robert
Litan (Brookings) will comment. Webcast. Lunch will follow
the program. See, notice.
Location: Cato, 1000 Massachusetts Ave., NW.
3:00 PM. The House
Judiciary Committee's Subcommittee on Commercial and
Administrative Law will meet to mark up HR 5429,
the Satellite Services Act of 2002. Webcast. Press contact:
Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room
2141, Rayburn Building.
Day two of a two day symposium titled "The Rule of Law in
the Information Age: Reconciling Private Rights and Public
Interest" hosted by the Catholic University of America
School of Law. See, schedule.
Location: CUA, Walter Slowinski Court Room.
Day three of a three day public workshop hosted by the FTC
to "explore how certain state regulations and private
business practices may be having significantly anticompetitive
effects on e-commerce". See, FTC release.
Location: FTC, 600 Pennsylvania Ave., NW.
Day one of a two day Annual Update Conference on Export
Controls and Policy hosted by the Department of Commerce's
Bureau of Industry and
Security (BIS). See, agenda.
Location: to be announced.
Deadline to submit comments to the FCC regarding BellSouth's Section 271
application with the FCC to provide in region interLATA
service in the states of Florida and Tennessee. This is WC
Docket No. 02-307. See, FCC
notice [PDF]. |
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| Friday, October 11 |
The House will meet at 9:00 AM for legislative business.
Day two of a two day Annual Update Conference on Export
Controls and Policy hosted by the Department of Commerce's
Bureau of Industry and
Security (BIS). See, agenda.
Location: to be announced.
Deadline to submit comments to the FCC in response
to it Public
Notice [7 pages in PDF] regarding relief for the Auction
No. 35 winners. The FCC asks for public comments regarding two
possible scenarios for providing relief to the winning bidders
in the January 2001 re-auction of spectrum previously
auctioned to NextWave: full refund and option to dismiss all
pending applications, and selective opt out for pending
applications. See also, notice
in Federal Register. |
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| Monday, October 14 |
| Columbus Day. The FCC will be closed. The National Press
Club will be closed. |
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| Tuesday, October 15 |
9:00 AM - 12:00 NOON. The U.S.
Patent and Trademark Office's (USPTO) Technology
Center 2800 will hold a Semiconductor Customer Partnership
Meeting to discuss the quality and timeliness of the
examination process. (2800 pertains to semiconductors,
electrical and optical systems and components.) RSVP to Tom
Thomas at tom.thomas
@uspto.gov or 703 308-2772. See, USPTO
notice. Location: Crystal Park 1, Suite 819, 2011 Crystal
Drive, Arlington, Virginia.
12:00 NOON. James
Rogan (Under Secretary of Commerce for Intellectual
Property and Director of the USPTO) will
give an address titled "Reaffirming Intellectual
Property Rights in an Information Age". See, notice.
Press contact: Brigid Quinn at brigid.quinn @uspto.gov
or 703 305-8341. Location: Heritage
Foundation, 214 Massachusetts Ave., NE.
Day one of a two day conference of the Association Internationale pour
la Protection de la Propriété Intellectuelle (AIPPI)
titled "How to be Successful with Patent and Trademark
Litigation: Europe and the Far East". The agenda includes
a business meeting (1:00 - 1:30 PM), a CLE seminar (1:30 -
5:00 PM), and a reception (5:00 - 6:30 PM). Location: Faculty
Conference Room, Burns Building, 5th Floor, GWU Law
School, 716 20th Street, NW.
Deadline to submit comments to the FCC in response
to Qwest Communications' Section
271 application to provide in region interLATA service in
the states of Colorado, Idaho, Iowa, Montana, Nebraska, North
Dakota, Utah, Washington and Wyoming. This is WC Docket No.
02-314. See, FCC
release [PDF]. |
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| Wednesday, October 16 |
9:00 AM - 4:00 PM. The FCC will host a
day long conference on rights of way management issues.
See, FCC
notice [PDF]. For more information contact Kris Monteith
or Gene Fullano at 202 418-1400, kmonteit @fcc.gov or gfullano @fcc.gov. Audio
web cast. Location: FCC, Commission Meeting Room, 445 12th
Street, SW.
10:00 AM. The Senate
Appropriations Committee's Treasury and General Government
Subcommittee will hold a hearings on U.S. companies' moving
their headquarters offshore. Location: Room 192, Dirksen
Building.
11:00 AM - 12:00 NOON. James Rogan
(Director of the USPTO) and
Richard Russell (Associate Director for Technology of the
White House Office of Science
and Technology Policy) will lead a roundtable discussion
on the future of innovation with 37 leading inventors,
including Steve Wozniak (computers), Donald Keck and Peter
Schulz (fiber optics), and Doug Englebart (mouse). See, list
of participants. Press contact: Brigid Quinn at brigid.quinn @uspto.gov
or 703 305-8341. Location: Room 4830, Department of Commerce,
14th and Constitution, NW.
1:30 - 3:00 PM. Sam Bodman (Deputy Secretary of Commerce), James Rogan
(Director of the USPTO), and 37
leading inventors will hold an awards ceremony commemorating
the bicentennial of the USPTO. Press contact: Brigid Quinn at brigid.quinn @uspto.gov
or 703 305-8341. Location: Auditorium, Department of Commerce,
14th and Constitution, NW.
6:00 - 8:00 PM. The FCBA's
Transactional Practice Committee will host a CLE seminar
titled "Bankruptcy Issues in FCC Practice".
For more information contact Brian Weimer at 202 371-7604 or
Laura Phillips at 202 842-8891. Registrations and
cancellations due by 5:00 PM on October 14. Location: Skadden Arps, Conf. Rm. 11
A, 1440 New York Ave., NW.
Day two of a two day conference of the Association Internationale pour
la Protection de la Propriété Intellectuelle (AIPPI)
titled "How to be Successful with Patent and Trademark
Litigation: Europe and the Far East". The agenda includes
a CLE seminar (9:30 AM - 1:00 PM). Location: Faculty
Conference Room, Burns Building, 5th Floor, GWU Law
School, 716 20th Street, NW. |
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