10/27. America Online (AOL), Microsoft, Earthlink and Yahoo filed complaints in federal courts against spammers alleging violations of the federal CAN-SPAM Act, the federal Computer Fraud and Abuse Act, and various state statutes and common law.

On October 27, AOL filed two complaints in U.S. District Court (EDVa). It filed one complaint [17 pages in PDF] against defendants identified as "John Does 1-20" alleging violation of federal CAN-SPAM Act, the Virginia anti-spam state statute, and state common law, in connection with the defendants' transmitting "millions of deceptive and unsolicited bulk electronic messages through AOL Instant Messenger".

The complaint states that "These unsolicited bulk messages were transmitted through fraudulent means designed to hide the identity of the John Doe Defendants, including the use of stolen or fraudulently created AOL or AIM accounts, and the use of materially false or misleading headers. All the unsolicited bulk messages constitute trespass to chattels under state common law, and the email spam also violates the CAN-SPAM Act of 2003, the Virginia Computer Crimes Act and other laws". See also, AOL release.

The Congress passed S 877, the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003", also known as the "CAN-SPAM Act", late in the first session of the 108th Congress. On December 16, 2003, President Bush signed the bill. It became Public Law No. 108-187. It is codified at 15 U.S.C. § 7701, et seq. See, text of bill [21 pages in PDF].

Count I of AOL complaint alleges violation of § 5(a)(1) of the CAN-SPAM Act for sending spam to protected computers with false information in the Wrom: LYRWTQTIPWIGYOKSTTZR

Count II alleges violation of §§ 5(a)(2), 5(a)(3) and 5(a)(5) of the CAN-SPAM Act for sending spam with false subject headings, no functioning return e-mail address and opt out mechanism, and no notice that the messages are advertising.

Count III alleges sending spam violation of the Virginia Computer Crimes Act, at Va. Code Ann. § 18.2-152.2. Count IV alleges computer trespass in violation of Virginia Computer Crimes Act, at Va. Code Ann. § 18.2-152.3:1(A)(1). Count V alleges theft of computer services in violation of the Virginia Computer Crimes Act, at Va. Code Ann. § 18.2-152.6. Count VI alleges dealing in falsified bulk e-mail software in violation of the Virginia Computer Crimes Act, at Va. Code Ann. § 18.2-152.3:1(A)(2).

Count VII alleges trespass to chattels in violation of Virginia common law. Count VIII alleges common law conspiracy to commit trespass to chattels in violation of federal and Virginia statutes. Count IX alleges unjust enrichment and imposition of a construction trust in favor of AOL, for benefits obtained by defendants at AOL's expense.

AOL seeks broad injunctive relief, damages, punitive damages, and other relief.

AOL is represented by Jennifer Archie and Jon Praed of the law firm of Latham and Watkins.

This case is America Online, Inc. v. John Does 1-20 Transmitting Spim, AOL Chat Room Spam & E-Mail Spam, U.S. District Court for the Eastern District of Virginia, No. 04-CV-1302(LMB/TRJ). The case has been assigned to Judge Leonie Brinkema.

AOL's second complaint, also filed in federal court in Alexandria, Virginia, alleges that John Doe defendants transmitted spam in connection with the sale of prescription medicines.

Yahoo filed a complaint in the U.S. District Court for the Northern District of California, at San Jose, against East Coast Exotics Entertainment Group, Inc. and Epoth LLC alleging violation of the federal CAN-SPAM Act, the federal Computer Fraud and Abuse Act, which is codified at 18 U.S.C. § 1030, the California computer crime statute, and the California civil conspiracy law.

Mike Callahan, SVP and General Counsel of Yahoo, stated in a release that "we are holding spammers directly accountable for unlawfully disguising their identity and using this practice to deceive e-mail users ... Consumers trust Yahoo! to provide a safe and secure experience, which is why we take an aggressive, multi-faceted approach to protect e-mail users through legal efforts, industry collaboration and technological enhancements."

Earthlink filed a complaint in U.S. District Court for the Northern District of Georgia against John Doe defendants alleging violation of the federal CAN-SPAM Act, the federal Computer Fraud and Abuse Act, the Georgia Computer Systems Protection Act, and state and federal racketeering laws. This complaint targets mortgage lead spammers and drug spammers.

Les Seagraves, Assistant General Counsel and Chief Privacy Officer of EarthLink, stated in a release that "Enforcement actions against spammers, including litigation and cooperation with our industry peers, continues to be an important component in the fight against spam. ... We remain committed to using the law, along with technical solutions, consumer education and legislative support, to stop the flow of spam and enhance the Internet experience for all users".

Microsoft filed three complaints.

10/22. The U.S. Court of Appeals (2ndCir) issued its opinion [42 pages in PDF] affirming in part, and reversing in part, the District Court's judgment in Motorola v. Uzan. The Appeals Court rejected the Uzans' arguments on appeal regarding lack of personal jurisdiction and other procedural issues. The Appeals Court vacated and remanded the punitive damages award and the imposition of a constructive trust over stock. The District Court's findings of fact, determination of liability, and award of over $2 Billion in compensatory damages, stand.

In January of 2002, Motorola Credit Corporation and Nokia Corporation filed a complaint in U.S. District Court (SDNY) against Kemal Uzan and others. The complaint states that the defendants, who are politically well connected in Turkey, were awarded a Global System for Mobile Telephony (GSM) license by the Turkish government.

Motorola provided defendants loans to obtain base stations from Motorola, and Nokia provided loans to obtain switching equipment from Nokia. This equipment was used to build a GSM and 2.5G wireless telecommunications system in Turkey.

Motorola and Nokia did not get paid up front. The complaint states that the defendants borrowed from Motorola and Nokia, and then intentionally and illegally diluted the value of stock pledged as collateral for the loans. The complaint also alleges that defendants manufactured transactions to transfer assets from the debtor companies. See also, story titled "Motorola & Nokia Sue Turkish Cellular Company for RICO Violations and Computer Hacking" in TLJ Daily E-Mail Alert No. 357, January 30, 2002.

On July 31, 2003, the District Court, Judge Ned Rakoff presiding, issued its Opinion and Order [172 pages in PDF] holding defendants liable for common law fraud, promissory fraud, and civil conspiracy to defraud, and awarding over $4 Billion in compensatory damages, punitive damages, and interest.

The District Court awarded $2,132,896,905.66 in compensatory damages plus interest. This District Court awarded Motorola the same amount in punitive damages. The District Court also imposed a constructive trust, in favor of Motorola and Nokia, of  over 73.5% of Telsim's stock, along with an order requiring defendants to turn over those Telsim shares to the registry of the Court.

Judge Rakoff concluded that the "defendants -- in particular, the members of the Uzan family -- have perpetrated a huge fraud." He summed up the case as follows: "Under the guise of obtaining financing for a Turkish telecommunications company, the Uzans have siphoned more than a billion dollars of plaintiffs' money into their own pockets and into the coffers of other entities they control. Having fraudulently induced the loans, they have sought to advance and conceal their scheme through an almost endless series of lies, threats, and chicanery, including, among much else, filing false criminal charges against high level American and Finnish executives, grossly diluting and weakening the collateral for the loans, and repeatedly disobeying the orders of this Court."

See also, story titled "Judge Awards Motorola $4,265,793,811.32 From Turkish Telecom Deadbeats" in TLJ Daily E-Mail Alert No. 709, August 1, 2003.

The defendants appealed, raising many procedural issues, and challenging some of the remedies imposed by the District Court.

The Appeals Court held that the District Court "properly exercised personal jurisdiction over defendants".

The Appeals Court also held that the District Court "(1) correctly denied defendants’ motion to compel arbitration; (2) had jurisdiction to proceed with the case after defendants’ appeal from the denial of their motion to compel arbitration; (3) did not abuse its discretion by exercising jurisdiction over plaintiffs’ state-law claims after dismissal of the federal claims; (4) correctly held that plaintiffs' state law claims were ripe for adjudication".

The defendants did not challenge to District Court's award of over $2 Billion in compensatory damages. The defendants did appeal the punitive damages award, and the imposition of a constructive trust over stock. The Appeals Court reversed with respect to the remedies imposed. It held that "the District Court failed to make sufficiently specific factual findings in support of (a) its imposition of a constructive trust in favor of Motorola Credit Corporation, a plaintiff who already had a legal remedy; and (b) its ruling allowing plaintiffs to enforce their judgment against 130 nonparties to this litigation. Additionally, we hold that the District Court’s award of punitive damages was inconsistent with the Due Process Clause and with Illinois law." The Court of Appeals vacated, and remanded to the District Court for further proceedings on these issues.

Peter Lawson, Motorola's General Counsel, stated in a release that "From the outset of this case, the Uzans have raised one specious argument after another to divert attention from their massive fraud. After extensive briefing and argument, the Appeals Court has now clearly rejected the challenges of the Uzans. We look forward to continuing our efforts to execute on the assets of the Uzans worldwide, including the Uzan's jet aircraft, prestigious London apartments and luxury apartments in midtown Manhattan in New York City."

Motorola is represented by the law firm of Steptoe & Johnson. Nokia is represented by the law firm of Holland & Knight. Defendants are represented by the law firms of Cahill Gordon & Reindel, Lewin & Lewin, and Sidley Austin.

This case is Motorola Credit Corporation and Nokia Corporation v. Kemal Uzan, et al., U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 03-7792(L), 03-7794(CON), 03-7796(CON), 03-7878(XAP), appeals from the U.S. District Court for the Southern District of New York, D.C. No. 02 CV 666, Judge Ned Rakoff presiding. Judge Jose Cabranes wrote the opinion of the Court of Appeals, in which Judges Miner and Calabresi joined.

10/26. The European Commission announced that it has approved Oracle's proposed acquisition of PeopleSoft. The EC stated in a release that it "concluded that even though the proposed merger reduced the number of big players from three to two, with SAP remaining the largest player in the sector and the relevant markets, the markets would remain competitive."

The EC also stated that it "reached this conclusion after analysing hundreds of HR and FMS bids launched by large and complex enterprises over the last couple of years. The Commission also carried out various econometric tests with this data which revealed that Oracle's bidding behaviour was not particularly affected by the specific identity of the rival bidders in the final rounds of a given bidding contest, i.e., the presence of PeopleSoft or SAP as rival did not necessarily give rise to more aggressive discounting compared to Oracle's behaviour vis-à-vis other bidders."

The U.S. Department of Justice's (DOJ) Antitrust Division had sought to block the proposed acquisition, but Oracle refused to back down. See, story titled "Antitrust Division Sues Oracle to Enjoin Its Proposed Acquisition of PeopleSoft" in TLJ Daily E-Mail Alert No. 846, March 1, 2004. Oracle prevailed in a trial by the U.S. District Court (NDCal). See, story titled "DOJ Loses Oracle Case" in TLJ Daily E-Mail Alert No. 974, September 10, 2004. The U.S. DOJ decided not to appeal the District Court's judgment.

10/28. Mario Monti, the outgoing European Commissioner for Competition Policy, gave a speech titled "A reformed competition policy: achievements and challenges for the future" in Brussels, Belgium.

He stated that the EC has "has enforced competition policy independently from national or specific interests" despite "considerable pressures to influence decisions".

Monti (at right) stated that "I have been very conscious of the fact that competition policy influences investment decisions, business acquisitions, pricing policies and economic performance. Therefore, a major trend of this mandate has been to ensure that competition policy is fully compatible with economic learning. Furthermore, competition policy is an instrument to foster economic growth, to promote a good allocation of resources and to strengthen the competitiveness of the European industry for the benefit of the citizens. These objectives would only be randomly achieved, at the expense of numerous errors, if we were to ignore economic thinking and market dynamics."

He also stated that "Another important evolution has been an increased use and presentation of competition policy as a tool to foster structural reform and to promote the ``Lisbon agenda´´ strategy: to make of the EU ``the most competitive and dynamic knowledge-based economy in the world´´ by 2010."

He added that "Further to its general contribution to economic growth and competitiveness, competition policy favours the liberalisation of monopolized markets in sectors such as telecommunications ..."

10/25. Linnet Deily, an Assistant U.S. Trade Representative, addressed the European Communities' review of World Trade Organization (WTO) policy.

She stated that "The United States remains concerned about the European Union's response on WTO issues related to its enlargement, and in particular its need to provide for adequate compensation in the areas of tariffs and services. We are also interested in more information regarding the status of the new Member States' enforcement of intellectual property rights ..."

She also stated that "Europe and the United States share a strong interest in the services sector, in innovative technologies, and in the need to protect intellectual property rights. Several of our questions relate to these areas. For example, we continue to have significant questions about the protection of geographical indications in the EU, including with respect to non-EU nationals and agricultural products as well as with respect to wine and spirits. We note that a European Council regulation appears to require, as a condition for protecting the geographical indications of another WTO Member, that the other Member offer equivalent protection to EC products. We would be interested to learn how the EC squares that requirement with the national treatment obligation under TRIPS."

See, transcript.

10/29. William Donaldson, Chairman of the Securities and Exchange Commission (SEC), gave a speech in Detroit, Michigan. He addressed why markets are more resilient today than they were in 1929. One reason, he said, has to do with the internet and greater access to information.

He began by noting that "Today's date, October 29, occupies an ominous place in the annals of America's securities markets. As we all know, it was on this day 75 years ago that the Dow Jones Industrial Average plunged nearly 12 percent, earning it the moniker ``Black Tuesday.´´ On the previous day, the Dow fell nearly 13 percent, and was subsequently named in the history books ``Black Monday.´´"

He then stated that the subject of his speech is to "draw some comparisons between that era and the one we have all lived through, which began in the late 1990s and extended into the new millennium."

He said that one "difference between today and 75 years ago is the greater access to information. With the Internet, rating services, and investigative journalism, information has been democratized and is no longer the province of market insiders. That said, we saw in recent years that the real challenge can be distinguishing good information from bad. It's a constant struggle, remains a source of concern for the SEC, and should be of concern to all in the investing community."

He said that another "difference is that the United States benefits from the existence of many more sophisticated instruments to advance diversification and risk dispersion compared to 75 years ago. Consider derivative contracts, which didn't exist in the 1930s."

For example, he said that "Chairman Greenspan has pointed to the boom and bust in the telecommunications sector as an example of how the financial system is better equipped today than in the past to cope with severe stresses. Because banks have had more capital with which to absorb the pain from telecom bankruptcies, they have been able to distribute the financial risks using a variety of tools unavailable to market participants in decades past, such as loan syndications, pooled asset securitizations, credit default swaps and collateralized debt obligations. These instruments also help to provide additional information to the market, which results in more accurate pricing and assessment of credit risk."

The House is in recess until November 16, 2004. See, Republican Whip Notice.

The Senate is in recess until November 16, 2004.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel A, will hear oral argument in Nellcor Puritan v. Masimo Corporation (04-1247). (The Court will decide Hoffer v. Microsoft, No. 04-1103, on the briefs.) See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel B, will hear oral argument in Harris Corp. v. Ericsson (No. 03-1625) and Syntex USA v. Apotex (No. 04-1252). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir), Panel C, will hear oral argument in Evident Corp. v. Church & Dwight Co. (No. 03-1541) and Lewis v. Agriculture Facilities (No. 04-1255). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding the first draft of NIST Special Publication 800-52 [33 pages in PDF], titled "Guidelines on the Selection and Use of Transport Layer Security". Submit comments and questions to Matthew Fanto at matthew.fanto@nist.gov.

Deadline to submit comments to the National Institute of Standards and Technology (NIST) regarding the second public draft of NIST Special Publication 800-53 [94 pages in PDF], titled "Recommended Security Controls for Federal Information Systems". Submit comments and sec-cert@nist.gov.

General Election Day.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel D, will hear oral argument in IEX Corp. v. Blue Pumpkin Software (No. 04-1068) and Postx Corp. v. Secure Data (No. 04-1257). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel E, will hear oral argument in Ishida Co. v. Taylor (No. 04-1102) and Lawman Armor v. Master Lock (No. 04-1276). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir), Panel F, will hear oral argument in Howmedica v. Tranquil Prospect (No. 04-1302). Panel F+ will hear oral argument in Commissariat v. Chi Mei Optoelecton (No. 04-1139). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

Rescheduled date for the Federal Communications Commission's (FCC) Auction No. 37, pertaining to FM broadcast construction permits. See, notice in the Federal Register, July 16, 2004, Vol. 69, No. 136, at Pages 42729 - 42742.

9:30 - 11:30 AM. Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 4, Broadcasting and Amateur Issues, will meet. See, FCC notice [PDF]. Location: Shaw Pittman, 2300 N St., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel G, will hear oral argument in Purdue Pharmaceutical v. Endo Pharmaceutical (No. 04-1189) and Transonic Systems v. Fresenius USA (No. 04-1439). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel H, will hear oral argument in Anheuser Busch v. Crown Cork & Seal (No. 04-1185). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The topic will be "Intercarrier Compensation Reform -- Where Is It Headed?". The speakers will be Steve Morris (Deputy Division Chief of the FCC's Wireline Competition Bureau's Pricing Policy Division), Ken Pfister (Great Plains Communications), and Rich Rindler (Swidler Berlin), and others. RSVP to Cecilia Burnet at cmburnett@hhlaw.com or 202 637-8312 by October 29. Location: Hogan & Hartson, 555 13th Street, NW, Litigation Center Conference Room.

2:00 PM. The U.S. Court of Appeals (FedCir), Panel I, will hear oral argument in Bayer AG v. Housey Pharmaceuticals (No. 04-1194). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Ten Ways to Protect Intellectual Property When Drafting E-Commerce Agreements". The speaker will be Walter Effross (American University law school). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H Street, NW.

RESCHEDULED FOR NOVEMBER 9. 9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

8:30 AM - 12:15 PM The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will host an event titled "Tour of the FCC's Engineering and Technology Laboratory". The program includes transportation to and from the FCC, and lunch with FCC lab personnel in Columbia, MD. The price is $45. RSVP to Heidi Kurtz at 202-293-4000 or heidi@fcba.org. Registrations, payments and cancellations are due no later than Friday, October 29, 2004..

8:30 AM - 12:30 PM. The North American Numbering Council (NANC) will meet. See, FCC notice [PDF]. Location: FCC, Commission Meeting Room, Room TWC305, 445 12th, SW.

8:30 - 11:30 AM. The Software and Information Industry Association (SIIA) will host a seminar titled "Software Licensing Best Practices Seminar Series: Licensing to Uncle Sam: How it Impacts Software License Agreements". See, notice. Prices vary. Location: Mintz Levin, 12010 Sunset Hills Road, Suite 900 Reston, VA.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel J, will hear oral argument in Corus Staal BV v. Commerce (No. 04-1107) and Taghulk Proprietary v. Service Corp. (No. 04-1201). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel K, will hear oral argument in Freeman v. Gerber Products (No. 04-1203). See, FedCir calendar. Location: Courtroom 203, 717 Madison Place, NW.

1:00 - 4:00 PM. The Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) will hold a symposium on the effect of new technologies, such as voice over internet protocol (VOIP), on the North American Numbering System. The title of the event is "The Future of Numbering: Will New Technologies, Innovations and Services Affect Number Administration and Optimization". See, FCC notice [PDF]. Location: FCC, Commission Meeting Room, 445 12th St., SW.

4:00 PM. Julie Cohen (Georgetown University Law Center) will present a paper titled "Copyright, Commodification, and Culture: Locating the Public Domain" at an event hosted by the Dean Dinwoodey Center for Intellectual Property Studies at the George Washington University Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138 or rbraun@law.gwu.edu. The event is free and open to the public. See, notice. Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716 20th St., NW.

Deadline to submit comments to the Department of Homeland Security's (DHS) Bureau of Customs and Border Protection (CBP) in its rulemaking proceeding regarding recordation of copyrights and enforcement procedures to prevent the importation of piratical articles. See, notice in the Federal Register, October 5, 2004, Vol. 69, No. 192, at Pages 59562 - 59569. See also, story titled "Bureau of Customs and Border Protection Conducts DMCA Rulemaking" in TLJ Daily E-Mail Alert No. 998, October 18, 2004.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in NJ TV Corp v. FCC, No. 03-1444. Judges Henderson, Rogers and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir), Panel M, will hear oral argument in Junker v. Eddings (No. 04-1208), ASM America v. Genus Inc. (No. 04-1211), Mayer Berkshire v. Berkshire Fashion (No. 04-1254), and Carolina Tobacco v. Bureau of Customs (No. 04-1269). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

2:00 PM. The U.S. Court of Appeals (FedCir), Panel N, will hear oral argument in Invitrogen v. Clonetech Labs (No. 04-1039). See, FedCir calendar. Location: Courtroom 402, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Wireless Telecommunications Practice Committee will host a luncheon. The topics will be wireless services and homeland security, CALEA, network outage reporting, and wireless priority service. The speakers will be Jeffery Goldthorp (FCC Office of Engineering and Technology), Geraldine Matise (OET), and Christopher Guttman-McCabe (CTIA). The price to attend is $15. See, registration form [PDF]. Location: Wiley Rein & Fielding, 1776 K St., NW.

12:00 NOON. Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding its out of cycle reviews of Malaysia, Poland, and Taiwan, pursuant to Section 182 of the Trade Act of 1974, which is codified at 19 U.S.C. § 2242 (also known as Special 301), which requires the USTR to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. See, notice in the Federal Register, October 13, 2004, Vol. 69, No. 197, at Pages 60928 - 60929.

Deadline to submit comments to the Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) in response to Geophysical Survey Systems, Inc.'s (GSSI) request for a waiver of Part 15 of the FCC's rules to permit the higher power operation of ultra-wideband (UWB) non-contact ground penetrating radars (GPRs). See, FCC notice [2 pages in PDF]. This is ET Docket No. 04-374.

10/29. The Federal Communications Commission (FCC) released a Public Notice [PDF] regarding its July 2004 Report and Order (R&O) that reconfigured the 800 MHz band to eliminate interference to public safety and other land mobile communication systems operating in the band. This is the Nextel spectrum swap order.

This Public Notice states that in this R&O the FCC "directed that representatives of five major stakeholders in the 800 MHz band, i.e. Nextel Communications, Inc., The Association of Public Safety Communications Officials-International (APCO), The Industrial Telecommunications Association (ITA), Southern LINC; and the United Telecom Council (UTC) to select an independent party, the Transition Administrator (TA), to oversee the reconfiguration of the 800 MHz band. Pursuant to the Report and Order, the five-member Search Committee was to have made a selection by September 20, 2004. However, at the request of the Search Committee, the Public Safety and Critical Infrastructure Division extended the selection date to October 12, 2004. On October 12, 2004, the Search Committee sent a letter to the Chief of the Public Safety and Critical Infrastructure Division stating that it had selected a three-organization team to serve as the Transition Administrator: The team consists of BearingPoint, Squire Sanders Dempsey LLP, and Baseline Telecom, Inc. (Transition Administrator or Bearing Point Team.)." (Parentheses in original. Footnotes omitted.)

The Public Notice concludes that "By this Public Notice, and as specified in the Report and Order, we concur with the Search Committee's selection of the Transition Administrator Team."

This Public Notice is DA-04-3492 in WT Docket No. 02-55. The FCC adopted the R&O at its July 8, 2004 meeting. It is FCC 04-168. See also, FCC's July 8, 2004 release [4 pages in PDF].

10/19. The Fiber to the Home Council announced that its Executive Director, Dan Tatarka, resigned to take a position with Optical Cable Corporation. Mike DiMauro, President of the Council’s Board of Directors, will be interim Executive Director. See, release.

10/29. The Department of Justice's (DOJ) Antitrust Division released its Competitive Impact Statement in U.S. v. Cingular. See also, story titled "DOJ Approves Cingular Acquisition of AT&T Wireless, Subject to Divestitures" and story titled "FCC Approves Cingular's Acquisition of AT&T Wireless" in TLJ Daily E-Mail Alert No. 1,004, October 26, 2004.

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