RE(;EIVFD
`
`FEB 24 19~KET FILE COpy OR
`lGINAL
`February 24, I_RAt r:OMMljl\!~W',nl)Nf;';f~4MIS510N FlfEr" ~l" i't.... r
`' V C: ¥ r- ~)'
`III7P(:~ {Il:' ~t"nE~I"~[)'
`'.... " ... tJt -Xu« f .., , · , "v.•
`~E8 24 1'1'1/
`
`William F. Caton
`Secretary
`Federal Communications Commission
`1919 M Street, N.W.
`Room 222
`Washington, DC 20554
`
`/'..dliance for Telecommunications
`Industry Solutions
`
`Problem Solvers to the
`Telecommunications Industry
`
`1200 GStreet, NW
`Suite 500
`Washington, DC 20005
`
`202..628..6380
`Fax 202..393..5453
`
`Re:
`
`Implementation of Section 273 of the Communications
`Act of 1934, as amended by the Telecommunications
`Act of 1996 - CC Docket No. 96-254
`
`Dear Mr. Caton:
`
`Enclosed herewith please find an original and eleven (11) copies of
`the comments of the Alliance for Telecommunications Industry
`Solutions, Inc., in the above-referenced proceeding.
`
`If you have any questions, please call me at (202) 434-8828.
`
`-:;n.~
`
`san M. Miller
`Vice President and General Counsel
`
`cc: International Transcription Services
`Secretary, Network Services Division, Common Carrier Bureau
`
`Chairman
`Casimir S. Skrzypczak
`NYNEX Corporation
`
`First Vice Chairman
`Terry J. Yake
`Sprint Corporation
`
`Second Vice Chairman
`Martin McCue
`Frontier Corporat ior
`
`Treasurer
`James M Johnson
`Standard Telephone Co.
`
`President
`George L. Edwards
`ATIS
`
`Vice President & General Counse
`Susan M. Mill r
`AT
`
`COMMITTEES
`
`..····-.~ ...~;==n=
`
`_. --~:- :;:;: ::&--
`. _.~
`':>t,'1:Hj,)I::!S·-JIl 11ll't!".-:'
`
`

`
`Before The
`FEDERAL COMMUNICAnONS COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`Implementation of Section 273
`of the Communications Act of 1934
`as amended by the Telecommunications
`Act of 1996.
`
`)
`)
`)
`)
`
`CC Docket No. 96-254
`
`Susan M. Miller
`Vice President and General Counsel
`
`Alliance for Telecommunications Industry Solutions, Inc.
`1200 G Street, N.W.
`Suite 500
`Washington, D.C. 20005
`(202) 434-8828
`
`February 24, 1997
`
`

`
`In the Matter of
`
`Implementation of Section 273
`of the Communications Act of 1934
`as amended by the Telecommunications
`Act of 1996.
`
`)
`)
`)
`)
`
`CC Docket No. 96-254
`
`TABLE OF CONTENTS
`
`SUMMARY............•..............•.......•.••..•..........•...•..••••••...••••••••.........................•.....•..
`
`COMMENTS...........................................................................................................
`
`IN'TRODUCTION AND STATEMENT........................................................
`
`OVERVIEW OF ATIS-SPONSORED COMMITTEE PROCESSES........
`
`A.
`
`B.
`
`ACCREDITED COMMITTEE TI
`
`.
`
`NON-ACCREDITED ATIS COMMITTEES........•.•...................•...
`
`SECTION 273(d)(2): PROPRIETARY INFORMATION..........................
`
`13
`
`i
`
`1
`
`2
`
`4
`
`4 9
`
`14
`
`15
`
`I.
`
`ll.
`
`ill.
`
`IV.
`
`ROLE OF ATIS IN' ACCESS TO GENERIC NElWORK
`REQumEMENTSANDSTANDARDSDEVELOPMENT
`PROCESS.....................................................................................................
`
`V.
`
`CONCLUSION
`
`.
`
`

`
`SUMMARY
`
`The Alliance For Telecommunications Industry Solutions ("ATIS") respectfully submits
`
`information regarding its thirteen (13) sponsored committees as ATIS has extensive experience
`
`with sponsoring both an accredited standards developing committee -- Committee TI, as well as
`
`non-accredited consensus resolution committees and forums - the Carrier Liaison Committee and
`
`its subtending Network Interconnection/Interoperability Forum, Ordering and Billing Forum,
`
`Industry Numbering Committee, and Toll Fraud Prevention Committee; the Telecommunications
`
`Industry Forum; the Network Reliablity Steering Committee; and the SONET Interoperability
`
`Forum, among others. ATIS notes, however, that it nor any of its subtending committees and
`
`forums appear to establish, at this time, "industry-wide standards tor telecommunications
`
`equipment or customer premises equipment, or industry-wide generic network requirements for
`
`such equipment" as contemplated by the Act.
`
`ATIS submits that while it takes no position on how to define "standard," Committee TI
`
`as an ANSI-accredited Commmittee, is sensitive to the antitrust compliance issues which may be
`
`presented by the standards development processes. As such, Committee T 1 has established
`
`procedural safeguards and rigorous procedures to ensure that its standards processes operate
`
`fairly and that its members are not exposed to antitrust risks. These procedures are detailed
`
`herein.
`
`ATIS further submits that while the Commission distinguishes between those standards
`
`developed by accredited entities and those that are not accredited, at least in the context of its
`
`committees, non-accredited processes need not mean that the processes used are less effective in
`
`ensuring that the activities of these groups are "open and accessible to the public." Nor does it
`
`

`
`mean that the output (e.g. "de facto standards") are somehow tainted or established in an
`
`environment with "competitive problems." The non-accredited ATIS-sponsored committees, such
`
`as the CLC discussed more fully herein, are required to incorporate certain fundamental principles
`
`of due process in their operating procedures as safeguards to ensure that the activities of the
`
`group will not result in antitrust difficulties for itself or its participants.
`
`With respect to Section 273(d)(2) as it pertains to the prohibition on use of proprietary
`
`information, the ATIS-sponsored Committee T 1 has adopted the ANSI patent policy which does
`
`not preclude the adoption of a proposed American National Standard which includes the use of a
`
`patented technology so long as the patent holder will license the technology without
`
`compensation or under reasonable terms and conditions. The ANSI policy seeks to encourage
`
`early disclosure of patents so as to promote greater efficiency in standards development.
`
`Finally, ATIS submits that while the discussion of industry-wide generic network
`
`requirements occurs quite randomly and infrequently in the ATIS·sponsored committees/forums,
`
`ATIS encourages the future discussion ofthese requirments and changes to them in ATIS
`
`committees. With regard to the role that ATIS might play in ensuring parties have access to these
`
`industry·wide generic requirements and standards development processes, ATIS believes that it
`
`could be of assistance should it be asked to do so. One such vehicle by which ATIS could
`
`facilitate such access would be through its active and extensive homepage on the world wide
`
`web.
`
`11
`
`

`
`Before The
`FEDERAL COMMUNICAnONS COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`Implementation of Section 273
`of the Communications Act of 1934
`as amended by the Telecommunications
`Act of 1996.
`
`)
`)
`)
`)
`
`CC Docket No. 96-254
`
`COMMENTS OF THE
`ALLIANCE FOR TELECOMMUNICATIONS INDUSTRY SOLUTIONS INC.
`
`The Alliance for Telecommunications Industry Solutions ("ATIS") submits these
`
`comments with the Federal Communications Commission (the "FCC"or the "Commission") in
`
`response to the FCC's Notice ofProposed Rulemakini ("NPBM'), In the Matter of
`
`Implementation of Section 273 of the Communications Act of 1934, as amended by the
`
`Telecommunications Act of 1996, CC Docket No. 96-254, adopted December 10, 1996 and
`
`released December 11, 1996.
`
`ATIS's comments provide background information regarding its role in
`
`telecommunications network interconnection standards development; national issues associated
`
`with exchange access, interconnection and interoperability which involve network architecture,
`
`network management, testing and operations; the planning, administration, allocation, assignment
`
`and use of the North American Numbering Plan ("NANP") resources and related dialing
`
`1
`
`

`
`considerations; national issues which affect ordering, billing, provisioning and exchange of
`
`information about access services; national issues with respect to toll fraud prevention; issues
`
`related to the implementation of standards associated with the provision, procurement, and use of
`
`new technologies, products, and services such as electronic data interchange, bar coding, and
`
`electronic bonding; analysis of network outages and endurance of a high level of network
`
`reliability; and SONET implementation issues.
`
`ATIS submits that this information may be relevant to the Commission's consideration of
`
`Section 273(d) and those matters pertaining to manufacturing safeguards on which the FCC seeks
`
`comment, and in particular, Section 273(d)(4) which addresses non-accredited standards-setting
`
`entities that establish industry-wide standards for telecommunications equipment and customer
`
`premises equipment. In this context, it should be noted that neither ATIS nor any of its
`
`subtending committees and forums appear to establish, at this time, "industry-wide standards for
`
`telecommunications equipment or customer premises equipment, or industry-wide generic
`
`network requirements for such equipment" as contemplated by the Telecommunications Act of
`
`1996 (the "Act"). ATIS does, however, have extensive experience with an accredited standards
`
`developing committee as well as other consensus resolution committees and forums and their
`
`open processes. It is in this context which ATIS submits these comments for the FCC's
`
`consideration.
`
`t.
`
`INTRODUCTION AND STATEMENT
`
`ATIS is a nonprofit association, open in membership to any North American providers or
`
`World Zone 1 Caribbean providers of telecommunications services with a plant investment in
`
`2
`
`

`
`transport and/or switching equipment or any provider engaged in the resale ofthose services. It is
`
`also open to any manufacturer oftelecommunications network equipment used for the provision
`
`of telecommunications services in North American and/or World Zone 1 Caribbean countries; or
`
`any provider of enhanced services. ATIS is governed by a thirty-five member Board ofDirectors
`
`charged with the oversight ofthe activities ofthe organization. Members include representatives
`
`from local exchange carriers ("LECs"), interexchange carriers ("IXCs"), cellular and paging
`
`companies, manufacturers, and competitive local carriers.
`
`ATIS has as its primary purpose to promote the timely resolution of national and
`
`international issues involving telecommunications standards and the development of operational
`
`guidelines. ATIS pursues this purpose through the sponsorship and support of thirteen (13) open
`
`industry committees and forums and a host of subtending committees and forums that address
`
`such issues as network interconnection, open network architecture, network outage analysis,
`
`installation, testing, and maintenance, ordering and billing, toll fraud prevention, and electronic
`
`data interchange. They include the American National Standards Institute ("ANSf')-accredited
`
`standards Committee TI-Telecommunications ("Committee Tl"), which develops American
`
`National Standards for network interfaces, as well as the Carrier Liaison Committee ("CLC")
`
`which seeks to resolve, through consensus procedures, access and network interconnection issues
`
`arising on an industry-wide basis. The CLC has four subtending forums: 1) the Network
`
`InterconnectionlInteroperability Forum ("NIIF") on installation and maintenance, network
`
`management, network interconnection/architecture, interoperability testing of interconnected
`
`networks and equipment, and rating and routing information: 2) the Ordering and Billing Forum
`
`("OBF"), on the ordering and provisioning of services, telecommunications service order
`
`3
`
`

`
`requests, billing, message processing associated with billing and collections, and toll free service
`
`issues; 3) the Industry Numbering Committee ("INC") on the planning, administration, allocation,
`
`and assignment and use ofNANP resources; and 4) the Toll Fraud Prevention Committee
`
`("TFPC") on telecommunications fraud.
`
`ATIS also sponsors the Telecommunications Industry Forum ("TCIF"), which gives
`
`practical application to standards on electronic data interchange, bar coding and standard coding
`
`language, as well as the development and implementation of guidelines on electronic bonding for
`
`the telecommunications industry. The Network Reliability Steering Committee (''NRSC'') is also
`
`under ATIS sponsorship, analyzing the industry's reporting of network outages, including the
`
`identification of trends which may impact the network's high level of reliability, and measurement
`
`ofthe effectiveness of the FCC's Network Reliability Council over time. Finally, ATIS also
`
`sponsors the SONET Interoperability Forum, formed to identify and solve SONET
`
`implementation issues. 1
`
`The following sections provide an overview ofthe ATIS-sponsored committees and their
`
`operating principles as they address and provide examples ofthe kinds of "standards" activities on
`
`which the Commission is seeking comment.
`
`II.
`
`OVERVIEW OF ADS-SPONSORED COMMITIEES' PROCESSES
`
`A. ACCREDITED COMMITIEE Ii
`
`The Commission's NPRM seeks comment on "how'standards' should be defined for
`
`purposes of implementation of the 1996 Act to ensure that standards processes are open and
`
`1 Attachment A provides an overview diagram of the ATIS-sponsored committees and
`their subtending structure.
`
`4
`
`

`
`accessible to the public." 2 While ATIS takes no position at this time as to how "standards"
`
`should be defined, it submits, by way of example, the experience of Committee Tl, accredited by
`
`the American National Standards Institute ("ANSf'). Committee Tl was established under
`
`ATIS's sponsorship (formerly the "Exchange Carriers Standards Association"), to provide an
`
`open industry forum for the development oftechnical standards for the interconnection and
`
`interoperability oftelecommunications systems at various points of network interface. The work
`
`of Committee T I focuses specifically on the development of "external" interface standards at the
`
`point of exchange carrier interconnection with interexchange carriers, information and enhanced
`
`service providers, end users, and customer premises equipment. In addressing external interface
`
`standards, the Committee T 1 examines physical, electrical, mechanical, and functional
`
`characteristics, and establishes, where appropriate, the minimum standard necessary to provide
`
`proper interconnection and interoperability of services and equipment. Standards for network
`
`switching, signaling, transmission, performance, operation, administration, and maintenance are
`
`addressed according to this criterion. 3
`
`2 NPRM at para. 31.
`
`3 The Committee T 1 has six technical subcommittees that are advised and managed by the
`TI Advisory Group ("TIAG"). Each ofthe six technical subcommittees recommends standards
`and develops technical reports in its area of expertise which are then approved by both the TIAG
`and the Committee T I. These subcommittees also recommend positions on matters under
`consideration by other North American and international standards bodies. The technical
`subcommittees and their areas of expertise are: TIAl( Performance and Signal Processing,
`Network Survivability, and Multimedia Communications; TIEl (power SystemslInterfaces,
`Analog Access, Wideband Access, and Electrical Protection); TIMI(Internetwork
`PlanninglEngineering, Testing and Operations Systems and Protocols; TIPI(Personal
`Communications, Wireless Access and Terminal Mobility, Program Management and Standardst
`TIS I(Architectures and Services, Switching and Signaling Protocols, Broadband ISDN); and
`TIXl(Synchronization Interfaces, Metallic and Optical Hierarchial Interfaces).
`
`5
`
`

`
`ATIS sponsorship of the Committee TI recognizes that there are industry efficiencies and
`
`consumer benefits to be gained by standardization, and that the formulation of basic technical
`
`standards, particularly in sophisticated industries such as telecommunications, is increasingly
`
`important. Tt seeks technical contributions from affected industry participants to develop
`
`appropriate standards. As in the case of any industry effort, ATIS acknowledges that the
`
`standards development process may present certain antitrust compliance issues. In particular,
`
`ATIS has been cognizant that the standards process must not (1) unfairly advantage one
`
`competitor over another; (2) restrict participation and consideration of a wide spectrum of views;
`
`(3) exclude competitors from the markets to which the standards apply; (4) exclude new
`
`competitors from the marketplace; or (5) inhibit innovation.
`
`ATIS's sponsorship ofthe Committee T I has been sensitive to these concerns. Consistent
`
`with the requirements of ANSI's Procedures for the Deyelopment and Coordination of American
`
`National Standards, TI has established procedural safeguards to ensure that its standards
`
`processes operate fairly, that the standards it develops are reasonable, and that its members are
`
`not exposed to antitrust risks. Most importantly, membership and full participation in the
`
`Committee TI are open to all parties with a direct and material interest in the TI process and
`
`activities. There are four membership interest categories: (1) Exchange carriers, (2) Interexchange
`
`carriers, (3) Equipment manufacturers, and (4) Users and General Interest which includes user
`
`groups, professional associations, and federal and state governmental agencies. As the TI
`
`Secretariat, ATIS ensures a balanced membership and participation without dominance by any
`
`single interest. In keeping with these principles, the T I AG is comprised of equal representation
`
`from each ofthe four interest categories.
`
`6
`
`

`
`TI due process procedures provide additional guarantees offairness and reasoned
`
`decision-making in standards development. All meetings ofthe Committee Tl, including its
`
`subcommittees, working groups, and subworking groups are open and pre-announced to members
`
`and others having a direct and material interest in the subject matter ofthe proceeding. Today,
`
`this is accomplished electronically by the TI bulletin board system ("TIBBS") as well as in hard
`
`copy for those parties requesting such documentation.· Written agenda are also distributed
`
`electronically and in hard copy, in advance of the meetings. This openness in the Tl process
`
`pennits the introduction of standards proposals by both Tl members and non-Tl members alike.
`
`Standards proposals are then publicized for comment, and subcommittee, working group, or
`
`subworking group participation are invited from any interested party. To become a TI proposed
`
`standard, a two-thirds majority consensus of all TI voting members must approve the proposal. A
`
`system ofrecords documentation applies to all draft standards, voting ballots, objections, and
`
`appeals, as well as to the rationale for approving a standard.
`
`Once a proposed standard is approved by the Committee TI, the standard is submitted to
`
`the American National Standards Institute ("ANSf') for a sixty-day review on public notice. This
`
`review includes verification that: (I) the requirements for due process, consensus, and other
`
`criteria for approval have been met; and (2) consideration of any submitted evidence that a
`
`proposed standard is contrary to the public interest, contains unfair provisions, is unsuitable for
`
`national use, or is technically inadequate. At each level of review, there is full opportunity to
`
`dissent to any standards proposal, and any dissenting comments must be properly addressed to
`
`reconcile differences wherever possible. Industry implementation ofTI-developed standards is
`
`4 The TIBBS can be located on the world wide web at www.tl.org.
`
`7
`
`

`
`entirely voluntary.
`
`The Committee TI 's organization, participation, procedures, and safeguards are designed
`
`so that interconnection and related technical standards may be developed with the requisite
`
`openness, fairness, efficiency, and responsiveness to the public interest. The Committee T 1 has
`
`been recognized and endorsed by the FCC as an "appropriate organization for developing
`
`voluntary technical interconnection standards."s As the Commission itselfhas observed:
`
`[t]he proposed Committee TI mechanism, with its open and voluntary
`membership requirements, appears to satisfy our concerns regarding the full
`participation in joint planning to public scrutiny. ..
`. Furthermore, we have concluded
`that the interconnection coordination activities and the organizational structure for limited
`. It has been our intent
`technical planning . . . are consistent with the antitrust laws . "
`in fashioning the structure necessary to achieve limited joint planning to assign to
`the association, functions which are important for the provision of efficient planning but
`which will not create a basis for anticompetitive conduct.6
`
`The FCC also noted that the T 1 process makes it difficult for any party to manipulate technical
`
`standards to its own competitive advantage:
`
`In the setting of network standards [the BOCs] must coordinate with one another, other
`exchange carriers, and the interexchange carriers through standards groups such as the
`Committee T 1. While the standards adopted by these groups are voluntary, frequent
`and significant departures from them that affected CPE interconnection would be readily
`apparent to industry participants and to us and would be subject to investigation and
`appropriate remedies if those departures represented an attempt to harm competition
`
`S MTS and WATS Market Structure, Phase III: Establishment ofPhysical Connections
`Through Routes among Carriers~ Establishment ofPhysical Connections By Carriers with Non(cid:173)
`Carrier Communications Facilities: Planning Among Carriers for Provision ofInterconnection
`Services, and in Connection with National Defense and Emerging Communications Services: and
`Regulations For and In Connection with the Foregoing, Report and Order. CC Docket No. 78-72,
`Phase III, 100 FCC 2d 860, 884 (1985).
`
`6ld.. at 883-85.
`
`8
`
`

`
`in CPE markets.,,7
`
`B.
`
`NON-ACCREDITED AIlS COMMI'I"I'EES
`
`While the Commission distinguishes between those standards developed by accredited
`
`standards development organizations like Committee Tl, and those which are not developed by
`
`accredited standards organizations yet which may be producing "de facto standards", 8 ATIS
`
`submits that, at least in the context of its sponsored committees, non-accredited processes need
`
`not mean that the processes used are less effective in ensuring that the Committees are "open and
`
`accessible to the public.,,9 Nor should the use of non-accredited processes suggest that the
`
`output, whether it be a "standard" or some operationall technical guideline which has in essence
`
`become a "defacto standard", is somehow tainted by the "non-accredited" process or may have
`
`been established in an environment with "competitive problems."'o ATIS believes that a prudent
`
`approach to non-accredited processes in this competitive environment calls for certain precautions
`
`which are consistent with the due process embodied in the accredited processes.
`
`In this connection, ATIS believes that there are certain principles which are fundamental to
`
`the operation of open industry forums such as those sponsored by ATIS. It requires that its "non-
`
`7 Furnishing of Customer Premises Equipment by the Bell Operating Telephone
`Companies and the Independent Telephone Companies, CC Docket No. 86-79; Petitions of
`BellSouth, Ameritech, Bell Atlantic, and Southwestern Bell, for Expedited Relief From and
`Limited Waiver of Computer II Structural Separation Requirements, RM-5230, Notice of
`Proposed Rulemakim~, FCC 86-113, (Adopted: March 13, 1986, Released: March 28, 1986, at
`para. 34.
`
`8 NPRM, at para.34.
`
`9lQ.., at para.34.
`
`to ld..
`
`9
`
`

`
`accredited" committees/forums adopt these principles and then use them as the building blocks for
`
`their operating procedures. They must be incorporated into the committees'/forums' procedures.
`
`ATIS submits that these principles serve as safeguards, ensuring that due process is afforded to all
`
`participants, and to the greatest extent possible, ensuring that the activities of the forum will not
`
`result in antitrust difficulties for itself or its participants. These principles are as follows: (1) All
`
`meetings shall be open; (2) Discussions are limited to issues that are industry-wide in scope, and
`
`that do not involve cost, price, market allocations or other antitrust-sensitive matters; (3) Written
`
`agendas shall be prepared and publicly disseminated in advance of all meetings; (4) The meeting
`
`notice shall be timely and provide adequate information about the matters to be discussed; (5)
`
`Adequate and accurate record keeping shall be maintained through the taking of minutes at all
`
`meetings, with the minutes being subsequently published and made available to all participants and
`
`any interested party; 11 (6) Resolution of issues shan be by "consensus"; (7) Prior to finalizing an
`
`issue resolution, there shan be appropriate notification on the proposed resolution with an
`
`opportunity for the industry to review it and provide comment; (8) There shall be careful
`
`consideration of all the views and objections, with unresolved comments or objections reported to
`
`the committee/forum; and (9) Any resolutions reached are for voluntary implementation by the
`
`participants. While each participant is committed to good faith discussions and consideration of
`
`timely implementation, each also reserves fully independent judgment in terms of implementation.
`
`11 ATIS has greatly enhanced the efficiencies and the effectiveness of its sponsored
`committees by the introduction ofits homepage which can be found at www.atis.org.This has
`become the primary publication vehicle for meeting announcements, agendas, minutes, and
`committees' outputs. While paper documentation is still available, the breadth of the interested
`parties that ATIS now reaches with the electronic distributions has expanded greatly. On average,
`ATIS has approximately 15,000 "hits" per week on its homepage with the number continuing to
`grow as the ATIS committees strive to have fully electronic operations.
`
`10
`
`

`
`ATIS would have the Commission note that these principles are also the building blocks for
`
`ANSI's model accreditation criteria. Further, the ATIS-sponsored non-accredited committees--
`
`the CLC and its subtending committees/forums, the TCIF, the NRSC, and the SIF, built their
`
`operations on these important principles.
`
`By way of example, the CLC, proposed by ATIS in September, 1984, and endorsed by
`
`the FCC in January, 1985,12 was established in response to an industry need for mechanisms to
`
`discuss and voluntarily resolve issues for the provision of exchange access and
`
`telecommunications network interconnection. ATIS's sponsorship ofthe CLC is based on the
`
`recognition that the satisfactory resolution of exchange access and network interconnection issues
`
`(i) supports the effective provision of exchange access and interconnection; (ii) facilitates efficient
`
`relationships between service providers; and (iii) promotes full and fair competition.
`
`The CLC is an executive oversight committee which provides perspective, direction, and
`
`an appeals process for its subtending forums and committees. The forums and committees (i.e.,
`
`the NIIF, the OBF, the INC, and the TFPC) are the primary organizations to address and resolve
`
`issues. The CLC and its associated committees resolve issues based on the consensus of all the
`
`participants. The distinction between the CLC , the NRSC, the TCIF13 and the SIF, and the
`
`12 MTS and WATS Market Structure, Phase III: Establishment of Physical Connections
`And Through Routes Among Carriers; Establishment ofPhysical Connections By Carriers With
`Non-Carrier Communications Facilities; Planning Among Carriers For Provision of
`Interconnection Services, And In Connection With National Defense And Emergency
`Communications Services; And Regulations For And In Connection With The Foregoing,
`Memorandum Opinion and Order, CC Docket No. 78-72, Phase III (Adopted: January 15, 1985;
`Released: January 17,1985) FCC 85-21,50 Fed.Reg. 4792, 4796 (1985).
`
`13 ATIS notes here that while the TCIF is not accredited and does operate pursuant to
`consensus procedures, it does continue to seek approval of its guidelines through a ballot process.
`
`11
`
`

`
`Committee TI is that under the non-accredited committees' consensus approach to resolving
`
`issues, there is no voting 12'.t!C. In trying to reach consensus, these groups operate on the
`
`principle that although a proposed resolution may not be a participant's first choice, it is one that
`
`the participant can accept and support. Any significant opposition to a proposed resolution will
`
`usually stop the resolution process and require further reconsideration of the proposal. Any
`
`resolutions which are adopted are for voluntary implementation by the participants. While
`
`reserving independent judgment as to the ultimate resolution implementation, each participant is
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`committed to discuss issues and consider proposed resolutions in good faith. The CLC minimizes
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`competitive concerns through the safeguards discussed above, ensuring that such principles as
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`open meetings, advance notice and agendas, and publication of minutes and committee resolutions
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`are carefully followed.
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`ATIS believes that the continuing work of the Committee T I, the CLC and its subtending
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`committees/forums, as well as the TCIF, the NRSC, and the SIF are vital to maintaining the
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`integrity and the efficiency of end-to-end telecommunications network services, operations, and
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`administration. In pursuing this mission, ATIS is certainly aware ofthe potential impact of the
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`Committees' work on competition. However, with significant safeguards in place, ATIS submits
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`that, whether the entities doing the work are accredited or non-accredited, the processes can
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`function consistent with competitive goals and concerns. With the safeguards discussed herein,
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`ATIS is confident that its committees and forums can continue to provide effective forums for the
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`efficient consideration of a wide variety oftelecommunications industry issues with reasonable
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`assurance that their activities will enhance competition and promote innovation in a timely
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`manner.
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`12
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`

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`ID.
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`SECTION 273(d)(Z): PROPRIETARY INFORMATION
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`The Commission seeks comment on what impact Section 273(d)(2) as it pertains to the
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`prohibition on use ofproprietary information may have on accredited standards development
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`organizations and industry forums. 14 Again, ATIS speaks from its experience with Committee T1.
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`In the case of proprietary knowledge, specifically patents, Committee TI has adopted the policy
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`of ANSI. The ANSI policy states that there is no objection to drafting a proposed American
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`National Standard in terms that include the use of a patented item, iftechnical reasons justify the
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`approach. However, prior to the approval ofthe proposed standard, assurances shall be received
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`from the patent holder that the patentee does not hold nor anticipate holding any invention whose
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`use would be required for compliance with the American National Standard or assurance that 1) a
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`license will be made available without compensation to applicants desiring to utilize the license for
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`purposes of implementing the standard; or 2) a license will be made available to applicants under
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`reasonable terms and conditions that are demonstrably free of any unfair discrimination.
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`The ANSI policy seeks to encourage early disclosure of patents so as to promote greater
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`efficiency in standards development practices, and Committee T1 has successfully used this policy
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`during its standards development work. It should be noted, however, that the terms and
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`conditions ofthe licenses are not the subject of Committee TI deliberations. They are a matter
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`negotiated one-on-one outside ofthe Committee processes between the licensor and the
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`interested licensee.
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`14 NPRM. at para. 39.
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`13
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`

`
`IV.
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`ROLE OF ATIS IN ACCESS TO GENERIC NEIWORK REQUIREMENTS AND
`STANDARDS DEVELOPMENT PROCESSES
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`The Commission seeks comment on the role that ATIS industry forums "might play in
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`ensuring interested parties have access to industry-wide generic requirement and standards
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`development processes."IS Paragraph 52 of the NPRM specifically state that "when major changes
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`to generic requirements occur, they are often discussed in [ATIS] industry forums." ATIS submits
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`that in actuality, the discussion ofgeneric network requirements in its sponsored committees occurs
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`somewhat randomly, and quite infrequently rather than "often" as the Commission states. There is
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`no deliberate process or industry acceptance of one that has generic network requirements changes
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`discussed in the ATIS-sponsored forums. ATIS would, however, encourage and welcome the
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`discussion ofgeneric network requirements and any changes to them in the ATIS industry forums.
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`In the same context, the Commission asks for comment "on the role that the ATIS industry
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`fo