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Transition Reports (1977) - Commerce Department: Science and Technology (3)
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Transition Reports (1977) - Commerce Department: Science and Technology (3)
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The original documents are located in Box 36, folder "Transition Reports (1977) -
Commerce Department: Science and Technology (3)" of the John Marsh Files at the
Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 36 of The John Marsh Files at the Gerald R. Ford Presidential Library
ENVIRONMENTAL ASSESSMENT PROCEDURES
FOR
INDUSTRIAL PROJECTS
Background:
Section 102 (2) (c) of the National Environmental Policy
Act (NEPA) of 1969 requires the preparation of an Environmental
Impact Statement (EIS) for "major Federal actions significantly
affecting the quality of the human environment."
Five years of experience with the NEPA process have
revealed major shortcomings which require careful diagnosis
and correction. It has become clear that EIS's are not suf-
ficiently useful to decisionmakers and are frequently considered
more of a procedural requirement than a substantive input to the
decisionmaking process. Moreover, the information sought for
inclusion is that which is thought to be needed in making a
specific Federal decision. However, most projects involve a
series of decisions made by private individuals, business firms,
and local and state agencies, long before the project comes up
for Federal decision. During this time, the project usually
gains considerable momentum, and possibly more effective and
desirable alternative options are foregone without the benefit
of the information and public participation involved in the
Federal EIS process.
Issue:
Is the present format of the Federal EIS process adequate
to utilize the Federal information and expertise in environmental,
economic, and other considerations related to the initiation of
the major Federal action?
Analysis of Issue:
A study has been undertaken to evaluate the impact of
EIS's on private and governmental decisionmaking. This study
involves an analysis of representative case studies, the
development of prescriptive procedures, and suggested improved
institutional arrangements.
This study has been undertaken in the fourth quarter of
1976.
Schedule:
Study completion
2nd Quarter 1977
IMPACT OF ENVIRONMENTAL LAW AND
REGULATIONS ON COST AND RATE OF DEVELOPMENT AND
TRANSFER OF TECHNOLOGY
Background: It has been asserted that the adoption of environ-
mental laws and regulations leads to accelerated development of
the technology needed to implement the laws and regulations.
At the same time, however, it has been alleged that the premature
enforcement of such laws and regulations frequently leads to
narrowing, or even eliminating, options for development of the
best total technology from the standpoint of cost effectiveness
or energy efficiency.
Issue: Does the passage of environmental laws and promulgation
of regulations requiring emission levels more stringent than those
achievable by existing best practicable technology within an
arbitrary time period lead to an optimum technology?
Analysis: This issue is of major importance both in terms of
assuring that the Nation's environmental goals are achieved
in the most effective manner, and also in assuring that the
long-term effects of environmental laws and regulations are
not counter-productive to their stated objectives.
Schedule: A study will be initiated in Fiscal 1977 to develop
a model for predicting the possible impacts of proposed laws
and regulations on the development, transfer and application of
such technology.
Key Issue No. 1
IMPLEMENTATION OF POLICY PRINCIPLES TO BE FOLLOWED
UNIFORMLY BY ALL FEDERAL AGENCIES WORKING WITH
NON-FEDERAL STANDARDS-SETTING BODIES
Background:
The Interagency Committee on Standards Policy (ICSP) was established by
charter of the Secretary of Commerce on April 1, 1975. It is chaired by
the Director of Commerce's Office of Product Standards. Its purpose is
to facilitate the effective participation by the Federal Government in
domestic and international standards activities, and to promote the
development of uniform policies among agencies participating in these
activities.
The establishment and application of appropriate standards for the
characteristics or performance of goods and processes can contribute
significantly to national and international prosperity, economic growth,
and public health and safety. A well-considered Federal standards policy
reflecting the public interest can expedite the development and adoption
of standards which will stimulate competition, promote innovation, and
protect the public safety and welfare. Additionally, a well-implemented
Federal national standards policy would promote national defense objectives,
reduce costs, and expand domestic as well as international trade.
After more than one year of deliberations the ICSP has developed a set
of policy principles aimed at achieving the objectives described above,
and has forwarded them through the Secretary of Commerce to the Office
of Management and Budget (OMB) with the request that they be issued as
an OMB Circular directive. Issuance of that Circular is expected to
occur in December 1976.
Issue:
In accordance with the proposed OMB directive the Director of the Office
of Product Standards (OPS), responsive to the committee's decisions, is
charged with the responsibility for coordinating the actions of the 22
member departments and agencies of the ICSP in implementing the policy
principles. As part of such implementation the actions of the member
departments and agencies are to be monitored and OMB kept advised
periodically so that any deviations from the policies may be acted
upon as appropriate. The policy principles will establish uniform
practices and procedures for all Executive Branch agencies working with
commercial (non-Federal) standards-setting bodies to develop, improve
and use standards for materials, products, systems and services. Federal
reliance upon the principles will lead to reduction of the cost of develop-
ing standards and minimize confusion among those who deal with them.
Studies are underway to determine the possible impact of the proposed
GATT (General Agreement for Tariff and Trade) Standards Code dealing
with standardization in the private sector as well as the Federal Gover-
ment, both in the United States and abroad. Standards can be employed
as non-tariff barriers to trade, The GATT is intended to avoid the
imposition of such barriers, The GATT Standards Code will affect the
activities of many Federal agencies and State and local government
instrumentalities that write standards, prescribe test methods, or
certify the conformity of products with standards. OPS is directly
involved in the study involving the prospective impact of the Code on
Federal Government agencies, and indirectly through its chairmanship
of the Interagency Committee on Standards Policy (ICSP) is concerned
with the study on the impact of the Code on State and local governments.
In each situation OPS will be seeking to promote an efficient and effective
international standards system which would broadly meet the objectives of
the proposed GATT Code while optimizing economic benefits for the United
States,
Schedule:
The issuance of the OMB Circular establishing the uniform, Federal Govern-
ment-wide policies relative to participation in domestic and international
standards activities is expected to occur in December 1976. Plans for
implementation of that directive have been indicated by OPS and are already
underway. Implementation guidelines are expected to be completed by
February 1977 and each agency is expected to be publishing its respective
implementation procedures with a month or so thereafter. The monitoring
function will, begin at about the same time that the guidelines are completed.
This function will continue on an indefinite basis, with periodic reports
being made to OMB together with recommendations for actions that may need
to be taken if any of the concerned departments or agencies appear to be
deviating substantially from the policies set forth in the OMB directive.
Key Issue No. 2
NATIONAL VOLUNTARY LABORATORY
ACCREDITATION PROGRAM
Background:
The national need to accredit testing laboratories that evaluate products for
conformance to standards was the topic of a 1970 conference convened by the
National Bureau of Standards. An ad hoc committee selected by that conference
developed a concept of a voluntary laboratory accreditation program. This
concept received a broad informal review during 1972. In April 1973 the
National Business Council for Consumer Affairs, in its publication, "Safety in
the Marketplace", recommended that the Secretary of Commerce study the merits
of establishing a quasi-public national laboratory accreditation board. In
response to a request for views on the need for legislation to establish a
national laboratory accreditation program, the Department, in April 1974,
advised Senator Magnuson, Chairman of the Senate Commerce Committee, that the
Department was considering the establishment of such a program under its exist-
ing authority. The Department promulgated proposed procedures for the National
Voluntary Laboratory Accreditation Program (NVLAP) in May 1975. In response to
extensive comment received in two public hearings and in correspondence, the
proposed procedures were revised and were made effective as Title 15, CFR, Part
7 on February 25, 1976. These procedures were incorporated into Title III,
Senate Bill S 3555, which was introduced in June 1976 but not acted upon by the
74th Congress. A major difference of this legislation would require all Federal
agencies having need for formal qualification of testing laboratories to utilize
NVLAP services and those laboratories accredited under its procedures.
Issue:
Product testing laboratories in the United States number in the thousands. Many
private organizations and governmental agencies have initiated laboratory inspec-
tion and test sample audit programs. Generally, these programs operate indepen-
dently, and use widely varying criteria and methodologies. Approval of a
laboratory under one jurisdiction does not guarantee approval by another. A
national system for testing laboratory accreditation is urgently needed to coor-
dinate existing efforts, to provide for uniform national recognition with reduced
duplication of assessment activity, to increase competition among qualified
laboratories, and to promote needed assurance for users of testing laboratory
services. Internationally, importing nations increasingly require some form of
national recognition and accreditation of testing laboratory services. There is
widespread interest in a national system among Federal and state agencies,
Congress, professional and trade associations, major industries, laboratories,
small businesses and individuals. Benefits will accrue to laboratories, standards
writing bodies, Federal and state agencies and other users of laboratory services.
Leverage derives from potential legislative alternatives, from interest in
deregulation, from users increasingly seeking "nationally recognized" labora-
tories, and from states seeking harmonization of programs that impact upon inter-
state commerce.
Analysis of Issue:
An effective national system cannot be achieved without Federal Government
participation. The Federal Government is a major initiator and user of
laboratory assessment activity. The Federal Government is the only authority
that can act legally to promote cooperation and coordination of states'
interest in removing barriers to interstate trade. With Federal participation,
the national system can facilitate due process in accreditation matters and
help ensure that the system does not hinder trade. DoC has the confidence of
and long-term relationship with industry, trade and standards associations,
business and technical societies to promote a national system for laboratory
accreditation, and the National Bureau of Standards (NBS) has the broad
technical base to assist DoC regarding test method technology and laboratory
cvaluation activity.
For these reasons, the DoC has promulgated NVLAP In accordance with its
procedures (15, CFR, Part 7) and in cooperation th government and private
sectors, NVLAP will establish laboratory accreditation programs (LAPs) in
specific product areas. Thereafter, NVLAP will examine upon request the
professional and technical competence of public and private testing laboratories
that serve such product evaluation and certification needs, and will accredit
those laboratories which meet the qualification requirements established. NVLAP
will be reimbursed by fees for direct costs of examinations.
Under NVLAP procedures, potential LAP product areas are presented to the Secretary
for his consideration by interested parties. The Secretary determines, after
consultation with affected interests and public review (including hearings, if
requested), that a product area needs a laboratory accreditation program (LAP).
If a LAP request is believed to affect an existing or developing program of a
Federal regulatory agency, the Secretary must seek the views of the head of that
agency. For each LAP initiated an appointed advisory committee of government and
private members recommends evaluation criteria and methodology, subject to public
review and the Secretary's approval. During development and public review a LAP
will receive input and cooperative support from affected Federal and state
agencies and private sector interests.
After promulgation of final criteria for a LAP, interested laboratories apply for
accreditation and pay established fees for examination and periodic audit. As
each LAP is established, it will be supported by appropriated and/or other agency
funds and grants and then will obtain self-support through fees charged for
laboratory examination services. NBS provides technical, advisory, and occasional
supporting services and is responsible for provision of qualified laboratory
examination services, primarily by contract to qualified private individuals or
firms. Other governmental and private agencies will be sources for required
technical expertise. The Office of Product Standards (OPS) provides policy guid-
ance and administrative support. A self-sustaining NVLAP is envisioned by 1985.
Schedule:
The planned schedule of resource committment to NVLAP is:
FY:
77
78
79
80
81
82 thru 84
$236K
$990K
$1000K
$1000K
$1000K
Self support from fees increases
to $900K
The planned schedule of NVLAP events is:
Establish NVLAP priority schedule for initiation of
requested LAPs, * and publish in Federal Register
1st Quarter
preliminary finding of need for first LAP
'77
Conduct public hearing, analyze oral and written
comment, publish final finding of need; establish
2nd Quarter
criteria committee for first LAP
'77
Publish in Federal Register, proposed criteria and
3rd Quarter
schedule of fees for first LAP
'77
Publish in Federal Register, final criteria and
fees for first LAP after conduct of hearing and
4th Quarter
analysis of comment; first LAP becomes operational
'77
Dependent upon availability of resources as indicated above, two or more LAPs
can be sequentially initiated, developed and made operational in each following
year.
*Appendix:
Request for LAPs received or in process as of November 17, 1976
Requests for Laboratory Accreditation Program
Received or in Process
Product Area
Source Organization
Status
Testing of Thermal
Thermal Insulation Manufacturers
Preliminary request received, formal
Insulation Material
Association, National Mineral Wool
request expected December, 1976
Insulation Association, National
Cellulose Insulation Manufacturers
Association
Testing of Concrete
National Ready-Mix Concrete
Preliminary request received, formal
Association
request expected December, 1976
Calibration of Power,
Weinschel Engineering
Preliminary request received, formal
Attenuation and
request expected December, 1976
Impedence Devices
Testing of Processed
National Marine Fisheries Service
Preliminary request received, formal
Fish Products
request expected December, 1976
Inspection Testing of
National Electrical Testing
Preliminary request received, formal
Electrical Power
Association, Incorporated
request expected January, 1977
Distribution Systems
Testing Solar
Energy Research and Development
Request from Energy Research and
Collectors
Administration and the Department
Development Administration and the
of Housing and Urban Development
Department of Housing and Urban Devel-
opment is being drafted
Testing of Home
Federal Housing Administration,
Discussions underway at the request
Building Products
Department of Housing and Urban
of the FHA Commissioner
Development
Testing of Waste
Metropolitan Sanitary District
Formal request received, DoC is
Water
of Greater Chicago
determining the disposition of the
U. S. Environmental Protection
Administration in accordance with the
Program Procedures
Testing of Household
Rothenbuhler Engineering
Preliminary request received and
Electronic Devices
under analysis
NFS/11/17/76
responsibilities for the
Government-Wide Automatic Data Processing
Management System Under Public Law 89-306
Background: The Secretary of Commerce is responsible under Public Law 89-306
(October 30, 1965) for providing scientific and technological advisory
and consulting services to assist Federal agencies in making effective
use of computer technology; making recommendations to the President
relating to the establishment of uniform Federal automatic data pro-
cessing standards; and undertaking necessary research in computer sciences
and technology. Technical execution of these responsibilities has been
assigned to the Institute for Computer Sciences and Technology, National
Bureau of Standards (NBS).
The technical areas currently receiving priority attention by the Institute
include:
Computer Security: The development of Government-wide standards,
guidelines, and techniques for Federal agency use in protecting
valuable or confidential information in computer systems to safe-
guard privacy, and controlling access to computer systems.
Performance Measurement: The development of Government-wide
standards, guidelines, and methods for measuring the performance
of computer systems and networks.
Managing Risks Associated With Computer Usage: The development
of Government-wide standards, guidelines, and techniques to assist
Federal agencies in insuring that computer systems perform their
intended functions accurately and do not perform any unintended
functions--and insuring adequate public accountability for the
Federal use of computers.
Interface Standards: The development of Federal standards for
interfacing or interconnecting computer components of different
manufacture and provision of a basis for substantial cost savings
in the procurement of computer peripheral equipment and core memory.
Increasing Productivity: The development of technical standards,
guidelines, and methods to effect the application and spread of
computer-based automation technology to increase productivity and
quality of working life in both manufacturing and service industries.
The Legislation and National Security Subcommittee of the House Committee
on Government Operations held hearings on the administration of Public
Law 89-306 in late June 1976. The report resulting from these hearings
stated that Public Law 89-306 "has been neither administered nor implemented
in accordance with the intentions of Congress." The report criticizes the
General Services Administration (GSA) for its handling of computer procure-
ments and OMB for its failure to establish concise, clear-cut ADP management
policy and for lack of adequate direction in the enforcement of the policies
it has issued. The report cites NBS for failing to provide "necessary hard-
ware and software standards;" it recommends that NBS develop such standards
"to insure maximum economies and efficiencies in the procurement and utili-
zation of ADP resources. The report points out that NBS has not developed
Input/Output Interface standards because "it apparently has been committed
to the adoption of voluntary standards developed under American National
Standards Institute (ANSI) procedures." The report does not acknowledge,
however, that the OMB 1966 policy guidance to the Secretary of Commerce on
implementing Public Law 89-306 emphasizes promotion of the "development and
testing of voluntary commercial standards for automatic data processing
equipment, technique, and computer languages."
Issue: How can NBS meet GAO and Congressional criticisms and achieve an
acceptable rate of hardware and software standards development in light of
admittedly inadequate resources and in spite of the necessity to be responsive
to special unprogrammed assignments from OMB and GSA?
Analysis of Issue: The Executive Branch's implementation of Public Law 89-305
has been the subject of a continuing series of General Accounting Office (GAO)
reports to the Congress and of a series of hearings by subcommittees of the
House Committee on Government Operations. The GAO has issued some 12 reports
that contain comments and findings about the National Bureau of Standards'
performance of its responsibilities under Public Law 89-306. None of these
reports found NBS having adequate resources to carry out all of its Public
Law 89-306 responsibilities. The Bureau has planned responsive programs
and requested necessary funding to carry them out and has responded with
reprogramming and redirection to the maximum extent possible. For example,
the Bureau has been directed by the Office of Management and Budget (OMB)
to undertake special, unprogrammed tasks for which funds have not been
budgeted. Such tasking occurred in early 1975 when OMB directed the
Bureau to develop computer security guidelines for implementing the
Privacy Act of 1974. This required the Bureau to reprogram already allo-
cated funds with a resultant discontinuance or slippage of already budgeted
projects.
In its budgeting process, the Bureau intends to take full account of the
GAO and Congressional criticisms of its Public Law 89-306 program; the
results of the GAO audit of the FIPS program; and other special analyses
to identify Federal ADP standards requirements and priorities. Our
objectives are to plan programs to overcome the cited deficiencies in the
Bureau's implementation of Public Law 89-306 and to state straightforwardly
the magnitude of additional resources needed to carry out these progams.
Schedule: Respond to request for comments on the hearing report. First
quarter FY 1977. Prepare requests for necessary resources as part of the
budget cycle. Third quarter FY 1977.
Recycled Oil - Congressional Pressure and Measurement Realities
Background: Section 383 of the Energy Policy and Conservation Act of 1975
(P.L. 94-163) assigned to the National Bureau of Standards (NBS) the respon-
sibility to develop test procedures for the determination of substantial
equivalency of re-refined oil with new oil for a particular end use. These
procedures are to be transmitted to the Federal Trade Commission to provide
the basis for modified labeling standards and Federal procurement guidelines.
The goals of this legislation expressed by the Congress are to stimulate the
re-refined oil industry and to promote the use of re-refined oil, to lessen
the environmental damage caused by the improper disposal of waste oil, and to
reduce virgin crude oil consumption. The test procedures are to be developed
as soon as practicable.
Congressional interest in the NBS program has been great. Congressmen Vanik
and Dingell, who sponsored the legislation, have corresponded with NBS staff
on numerous occasions. A briefing has been given to Congressman Dingell's
staff. It had been the assumption within Congress that specifications existed
which would only have to be collected and that transmission to the FTC would
be extremely rapid.
The scope of the legislation requires a variety of oils to be considered. The
NBS Recycled Oil Program will address the use of waste oil as fuel, hydraulic
oil, industrial cutting, and engine lubricating oils. In each of these areas,
specifications for many of the tests do not exist. Waste oil is a complex
mixture containing a number of contaminants for which test procedures are
required. These contaminants include wear debris, lead from the gasoline,
heavy metal atoms from oil soluble surfactants, polynuclear aromatics (demon-
strated carcinogens), ethylene glycol, hydraulic fluids, and even gasoline.
When waste oil is used as a fuel, wear debris can cause burner clogging,
abrasive wear of the burner head, and excessive deposits heat transfer surfaces.
All existing tests for ash are known, however, to be invalid in the presence of
lead and metallo-organics, both present in high concentration. Tests for ash
content will therefore have to be developed within the program. In other cases
where tests exist, an evaluation of the matrix effects on the analysis will have
to be made to confirm their validity. And finally, many of the required tests
are expensive and time-consuming performance tests with which the staff will
have to gain experience. The NBS program will address these measurement
difficulties to provide the required sets of test procedures.
Issue: How can NBS meet its responsibilities promptly under the Energy Policy
and Conservation Act of 1975?
Analysis of Issue: Resources necessary to carry out the qualification of all
important classes of oil would amount to 13 positions and $1,600,000 for three
years. At present, four positions and $200,000 from internal reprogramming
are being applied to characterize waste oil as fuel, the largest volume, highest
impact end use. Since many of the required positions are for new hires of
lubrication experts not now on-board at NBS, additional resources are required.
Schedule: NBS shall resubmit an initiative in the FY 1979 DoC budget to obtain
the necessary resources for implementation in October 1978. A favorable
decision would enable greater progress, beginning 22 months from now, in support
of the President's energy and materials conservation policies.
DoC Response to S. 3555
The National Voluntary Standards and Certification Act of 1976
Background: Senators Abourezk and Hart have argued that the existing
standardization process is anticompetitive, it impedes new technology, and
is structured so as to maintain a quasi-monopoly status for a few testing,
inspection, and certification laboratories. They have sponsored legislation
which would mandate the Federal Trade Commission to establish rules of pro-
cedure and practices for standards-development organizations and certification
laboratories. Title I (National Standardization) of this Bill provides for
the development of a uniform national standardization system for all standards
and certification activities undertaken by the private sector. Title II
(International Standardization) of the Bill covers international standards and
international certification programs. Title III (Accreditation) of S. 3555
directs the Secretary of Commerce to establish a National Voluntary Laboratory
Accreditation Program for the purposes of accrediting certification laboratories
Issue: What should be the Department's position in this legislation in view of
its role in the standardization process (Interagency Committee on Standards
Policy) and laboratory accreditation (National Voluntary Laboratory Accreditatic
Program).
Analysis of Issue: (A) The Department supports the overall principles of
Title I to assure that the public interest will be protected and due process
observed in voluntary standards activities carried out by the private sector.
The guidelines which the Interagency Committee on Standards Policy is preparing
for representatives of Federal agencies participating in outside standards
activities set forth various principles which are aimed at protecting the
public interest and assuring due process.
The Department also agrees with and endorses the principle contained in Title I
that the Federal Government should not duplicate the standardmaking activities
of the private sector and that wherever feasible, Federal agencies should
utilize an existing non-Federal standard.
This principle is also included in the guidelines being prepared by the
Interagency Committee on Standards Policy. The Department, however, is concerne
about the rigorous regulatory framework provided by S. 3555. The central issue
is a need for the proper assessment and evaluation of the cost of regulation
vis-a-vis its benefits.
Before enacting S. 3555, the Department of Commerce urges that a proper assess-
ment and evaluation of costs and benefits be undertaken. In these days of
critical budget restraints, we must avoid any unnecessary cost to both the
private sector and the Federal Government. Thus, the cost-benefit study should
focus on the increased cost to the private sector to comply with S. 3555, as
well as the cost to the Federal Government.
A basic legislative principle is that new legislation should not be enacted if
existing legislation already contains enough authority to accomplish the intende
purposes of the new legislation. It is our view that the Federal Trade Commission
already has sufficient authority under Section 5 of its act to deal with
aberrations in the voluntary standards system. One example of FTC action in
this area is its investigation of the improper use of some ASTM standards to
certify the flammability behavior of cellular plastic products.
For the reasons stated above, the Department opposes the enactment of Title I.
(B) Regarding Title II, although it has long been recognized that national
engineering and commodity standards are of great importance to the whole of our
society, what has not been so evident is that standards are of such vital
importance in international trade. In a study of the whole subject of possible
non-tariff barriers to trade, it was found that incompatible national or
international standards, or the lack of standards, do cause serious obstacles
to the export of our products. The Department of Commerce strongly supports the
concepts contained in Title II of S. 3555.
(C) The Department of Commerce supports only the parts of Title III that estab-
lishes accreditation procedures to assure that laboratories are competent to
test specific products. The Department opposes that part of Title III which
would involve the Federal Government in the evaluation of a laboratory's capa-
bility to monitor manufacturing processes, evaluate a manufacturer's quality
control procedures, determine proper sampling procedures, and label products in
an appropriate manner. It should be noted that the Bill requires Federal agenci
to use only certified laboratories. Thus, in the case of Government procurement
the program would not be "voluntary;" it would be de facto "mandatory."
The Department of Commerce has already taken administrative action in establishi
a program to accredit laboratories for testing specifice products. On
February 25, 1976, the Secretary of Commerce published final procedures for a
National Voluntary Accreditation Program. The form and substance which have
evolved from that idea are now spelled out in detail in Title 15, Part 7 of the
Code of Federal Regulations. The goal is to serve on a timely basis the needs 0
industry, consumers, the Government, and others by accrediting this Nation's
testing laboratories, The program seeks to foster and promote a uniformly
acceptable base of professional and technical competence in testing laboratories
and in establishing evaluation criteria for testing laboratories and in providing
on-site examinations, proficiency test samples, calibrated standards and material
Several hundred laboratories working in areas such as concrete, cement, asphalt,
paper, fiberboard, color and appearance, clinical and forensic testing make use
of these services.
We believe that the Department has established an orderly and workable framework
for the development of a meaningful system for the accreditation of testing
laboratories. At this time, we do not feel that legislation in this area is
necessary.
Schedule: Assistant Secretary for Science and Technology, Dr. Ancker-Johnson,
presented testimony on S. 3555 on June 21, 1976, before the Subcommittee on
Antitrust and Monopoly of the Senate Judiciary Committee. The legislation is
expected to be reintroduced in the next session of Congress.
Rewriting the Communications Act of 1934
Background: Lionel Van Deerlin, Chairman of the House
Communications Subcommittee, has announced that he intends to
begin hearings on a new Communications Act. The old law, the
Communications Act of 1934, was written before the advent of
satellites and television. Even then, it was hastily cribbed
from the Radio Act of 1927 and the Interstate Commerce Act. It
has been called more appropriate for grain elevators and
steamboats than communications satellites and computer networks.
Rew technologies and new applications have been forced into the
old structure, and the growing convergence between different
communications technologies and between computing and
communications make the old Act increasingly obsolete. At the
same time, recent decisions by the Federal Communications
Commission have eroded the traditional monopoly of the telephone
industry. In response, the industry has supported introduction
of a number of versions of a bill that would limit the FCC's
power. That bill, the Consumer Communications Reform Act (CCRA)
of 1976, is discussed in the next paper.
Issue: A great many issues are at question in telecommunications
policy, and this rewrite will serve as a focus for many of them.
They include the regulation of competition within and between the
traditional telephone industry and the new equipment suppliers,
specialized common carriers and domestic satellite firms, the
cable television industry, the broadcast industry, and the data
processing equipment and service industries. Another set of
issues may concern content, including privacy, access, First
Amendment rights, sex and violence on TV, and the Government's
role in relation to them. A last group of issues may involve the
structure with which the Government deals with
telecommunications, and may result in restructuring the FCC, the
Office of Telecommunications Policy, and OT.
Analysis of Issue: Little work has been done on a new Act,
although there are volumes on many aspects that will probably be
considered. Therefore, it is premature to advocate any position.
Some aspects are analyzed in the light of CCRA in the following
paper.
Schedule: Resolution of major issues in telecommunications policy
tend to take from six to eight years. Therefore, quick
resolution of the yet-undefined issues raised by a new
Communications Act is unlikely. We do not expect passage of such
an Act in this coming Session, and possibly not in this Congress
or this Administration.
Consumer Communications Reform Act
Background: Technological progress and decisions by the Federal
Communications Commission since the late Sixties have begun to
erode the traditional monopoly of the telephone companies. The
Carterphone decision, in 1968, allowed customers to attach their
own equipment to the telephone companies' lines. An appeals
court recently upheld an FCC ruling that an expensive "protective
device" was not required on such customer-owned equipment as
private automatic branch exchanges (PABX's) and an appeal on
individual telephones is pending. In the Specialized Common
Carrier (SCC) decision (1971), the Commission permitted new firms
to offer private line long distance service in competition with
the telephone companies. One of the largest of the SCC's has now
gone bankrupt and is suing AT&T, and the others are struggling.
In the Domestic Satellite (domsat) decision (1972), the
Commission permitted new firms to offer long distance service by
satellites. Such service is much cheaper than telephone company
lines for distances over a few hundred miles. The present
satellite firms are still in the red, but may become viable.
However, AT&T has recently entered the market, after having been
shut out for several years by the Domsat decision.
According to the FCC, the Bell System had revenues of about
$30 billion in 1975. The other established telephone companies
had $5.5 billion. The SCC's had $49 million and the domsat
companies had $16 million. Private equipment sales and rental
revenue was $143 million.
The telephone industry is a state monopoly in most countries
of the world. In the United States, it is probably one of, if
not the single, most regulated industries. It is the structure
and purpose of that regulation that is at issue.
Issue: On one level, this issue concerns who is going to make
money on the growing demand for telecommunications. On another,
it concerns how best to provide the best communications at the
lowest price to the American public. Specifically, the Consumer
Communications Reform Act (CCRA or the "Bell Bill"), would forbid
the FCC to declare any proposed price too low. Opponents of the
Bill, which includes the new carriers and equipment suppliers and
much of the computing industry, say that this would allow the
carriers to raise their prices for their monopoly services,
especially local telephone service, and use the profits to
subsidize their competitive services. Their competitors, having
no monopoly services from which to "cross-subsidize", would be
driven out of business by this predatory pricing. The telephone
companies, on the other hand, say that they are already cross-
subsidizing from long distance revenues to keep local telephone
prices low. Both sides claim that if they lose, the consumer will
suffer.
Analysis of Issue: Most of the debate has been weak in analysis.
It has centered on the issue of lowest cost without considering
what is meant by best service. One recent FCC decision (in
Docket 18128) has found that AT&T has been undercharging for its
Telpak service, which is threatened by the competing SCC's.
Another (in Docket 20003) has found little harmful effect from
competition. It cites studies by state regulatory commissions
that find that local service is subsidzing long distance service.
OT has been unable to contribute substantially to the analysis of
this issue because of resource constraints.
Schedule: As stated earlier, telecommunications issues are seldom
settled quickly. It is unlikely that the Congress would act
without hearings by the Communications Subcommittee. The
attention of its Chairman is on rewriting the Communications Act,
not CCRA, as a vehicle for resolution of a number of issues.
However, given the number of sponsors, hearings will probably be
held in the coming session. OT expects to be asked to testify,
and hopes to contribute without necessarily being associated with
either side.
NOTE: A separate paper on this subject has been prepared under the
DIBA issues
A National Telecommunications Agenda
Background: In 1975, the United States had the most advanced
telecommunications technology in the world, but was faced with
slow domestic and export growth. The Assistant Secretary for
Science and Technology created a Task Force on
Telecommunications, with representatives from NBS, the Patent
Office, and OT. Its job was to identify new technologies with
significant growth potential that seemed to be blocked, and to
make recommendations on what could be done to remove barriers to
growth. It focused on four new technologies: direct communication
satellites, optical fiber communications, broadband cable
systems, and land mobile radio. The Task Force report, "Lowering
Barriers to Telecommunications Growth", proposes creation of a
National Agenda, as the first step in resolving the issues raised
by their investigation. It also proposes some issues which, from
the S&T viewpoint, need to be considered.
Issue: New technology, which could offer immense benefits, is
blocked by inappropriate regulation, lack of standards, failure
to transfer technology from military to civilian applications,
absence of any institution to deliver the technology to users,
and market uncertainty. Some of the most pressing needs are:
0 Accelerating the development of direct communication
satellite systems and networks, using advanced technology to
bring satellite service directly to the user's site at low
cost.
0 Developing strong U.S. positions in preparation for the 1979
General World Administrative Radio Conference, the
international body that will decide how we use radio for the
next twenty years.
X Improving the foreign trade balance in telecommunications,
especially in telephone equipment and consumer electronics.
02 Developing a means to systematically review proposed Federal
telecommunications systems for duplication, consolidation
possibilities, efficiency; and cost-effectiveness.
Analysis of Issue: Some portions of this issue has been
extensively analyzed and discussed with industry. Recommended
actions on them are given in the Executive Summary of the Task
Force report, which is attached as an appendix. OT currently
does most of the administrative and analytical work, under the
policy direction of OTP, for frequency coordination like that
proposed for the system review. The Office of Management and
Budget requires that the frequency review be done before they
will. approve funds for new radio equipment. OT proposes an
analogous process for new systems.
FORD LIBRAR
Schedule: OT's program to accelerate development of direct
satellite communications systems began last year. However, if the
present course of development is not changed, such systems may
not be in use in the United States in this century. Preparations
for the WARC have already begun. Positions must be established
and proposals circulated in the first quarter of FY 1979.
Improving the balance of trade in telephone equipment is
dependent on developing a domestic manufacturing industry. That
in turn is dependent on the existence of a domestic market, which
will exist only if the appeals court, mentioned in the paper on
CCRA upholds the FCC. Preliminary proposals on developing a
system review procedure have been made and may be accepted by the
third quarter of FY 1977.
FORD & LIBRARY 018870
Agenda
LOWERING BARRIERS TO TELECOMMUNICATIONS GROWTH
EXECUTIVE SUMMARY
This report is based on the work of a Telecommunications
Task Force formed in August 1975 under the direction of the
Assistant Secretary of Commerce for Science and Technology,
Dr. Betsy Ancker-Johnson.
The objective of the report is twofold:
To identify actions that will pave the way for
the application of a few promising technologies
to the benefit of users of telecommunications.
To suggest any such actions as a basis for Government
program development, for industry initiatives, and
for joint Government and industry activities.
The heart of this report consists of analyses of diverse
telecommunication issues, along with recommended actions.
These analyses and recommendations should be read as a
contribution to the drafting of an agenda of national
telecommunication concerns. Such a national agenda would
presumably serve first as a vehicle for discussion and
ultimately as a basis for action. The process of writing
it, moreover, should help us establish priorities for this
vital field. To be an effective instrument, however, the
agenda will have to represent far more than just Government
thinking; it will, rather, have to reflect a common effort
by all the institutions of our national telecommunication
community.
Although there is no question that U. S. telecommunication
systems as a whole are the most pervasive and reliable in
the world, it is possible to discern some barriers that are
impeding the long-term growth of the field. An effort to
lower these barriers would surely be a desirable national
goal. Two major reasons support this view:
First, the United States is increasingly engaging
in information-related activities -- to the point
where productivity gains in many parts of our
services sector may come to depend on improved
access to and management of information. Clearly
these information activities rely heavily on tele-
communications; furthermore, advance in information
handling will require a steady infusion of new
telecommunication technology.
DERALD FORD LIBRARY
O. Second, with present national decisionmaking
processes, we may not be deriving the fullest
possible benefit from a variety of attractive
technological choices. Prime examples of such
choices are satellites, solid state technology,
lightwave communications, and new regions of the
electromagnetic spectrum for expanded communica-
tions use.
The long-range importance of telecommunications as well as
the complexity of the issues may well bring increased
Government participation in communications affairs. So
far some of the results of this participation have been
less than encouraging: confict over new policies, confusion
over the question of appropriate Government and industry
roles, and delay in national decisionmaking.
Such delays on the part of Government may cause --- or be
causing ---- similar delays in the developments of new
services or products. When such a commercial delay
occurs -- especially when it affects a technology or a
service that reduces costs -- the public is deprived of
the benefits during the period of the delay. The public
interest, therefore, calls for corrective action.
It is understood that any such corrective action will
require cooperation among three parties: Government,
industry, and users. Government activities must be
evaluated in terms of six of the roles it may play: policy-
maker, regulator, spectrum manager, user and purchaser,
coordinator of public sector requirements, and supporter
of key technological development. Industry's role,
however, is vital: assembling the factors of production
and bringing the product or service to the marketplace.
Users, or customers, have to make known what they need.
In many cases this is done in cooperation with industry;
the result is "market pull.' In other cases, such as the
specifying of public sector requirements, much has to be
done to identify user communication needs, to consolidate
them, and to translate them into system requirements.
In setting about its assignment, the Task Force tried to
identify those technologies and services holding the most
promise for future application while, at the same time,
seeming to be most inhibited by current barriers.
More specifically, the Task Force asked five questions
about each technology and service it considered: How much
will it benefit the public? How significant is technology
as a barrier to its growth? How detrimental to its
GERALD FORD LIBRARY
application would be the effects of no action? Has it
reached a relatively advanced level of maturation? And,
how appropriate would Federal involvement be?
After screening a long list of "candidates" according to
these criteria, the Task Force decided to concentrate
on four major technologies: Direct Satellite Communications,
Land Mobile Radio, Broadband Communications Networks, and
Fiber Optic Communications. This report accords each a
separate section.
With each technology, the report discusses its current sta-
tus, the issues affecting its growth, actions designed to
address these issues, and the impact of the proposed actions.
The discussion is organized under four general categories as
follows: needs and the market, system development and per-
formance, policy and regulation, and spectrum management.
Those issues and actions we believe to be most urgent and
feasible are restated in our conclusions and recommendations,
the final chapter of the report. At the end of that chapter -
and at the end of this Executive Summary -- will be found a
suggestion relating to the process of formulating a national
draft agenda.
NEEDS AND THE MARKET
Here we must consider the choices for providing new services
and the relative cost of the choices. An additional con-
sideration is the services' potential for increasing national
productivity.
The use of satellites for the transmission of public sector
services may hold great promise. This possibility, as well
as concern about future U. S. plans for the employment of
this band and others, generates the following recommenda-
tion:
Government and user organizations should accelerate
the process by which the basic communication needs
to be met by public service satellites will be
defined. They should also determine the most
economic way of using such satellites and who will
pay for them.
Because of the growing pressure on the radio spectrum to
provide different services, all of which can claim appre-
ciable economic value:
FORD is 07V830 LIBRARY
Spectrum administrators should encourage further
research on the economic and social values of
services that are provided through the use of the
spectrum in order to achieve optimum allocation of
this resource in the light of the associated needs
and markets.
With respect to nonentertainment broadband communication
services, we recommend that:
Industry should establish a group composed of
industry, institutional users, and providers of
public sector services to plan and finance a
demonstration designed to reduce the present
uncertainties about market demand for and economic
viability of aggregated broadband nonentertainment
services.
Fiber optic communications promises a great deal in the
way of lowered costs and expanded capacity. The challenge
is to accelerate its nonmilitary applications. To do
this, we should identify those applications for which it
will be most competitive.
In addition, a demonstration of fiber optic communication
capabilities would do much to increase the market for its
systems and components; a demonstration of sufficient size
would also reduce the cost of these systems and increase
their availability.
Our recommendations are two:
OTP should establish a Federal interagency group
to identify a significant broadband communications
need, the satisfaction of which will advance the
solution to an important public service problem
(e.g., health care delivery). The group should
then compose a statement of the necessary communica-
tion requirements as a basis for a fiber optic
demonstration project.
The Department of Commerce should establish an
advisory committec on commercial implications of
fiber optics.
SYSTEM DEVELOPMENT AND PERFORMANCE
FORD : GENALD LIBRARY
This category focuses on systems planning and research, per-
formance criteria and measurement, and standards of
practice and of equipment operation. The elements that
compose this category play important roles in determining
whether new services or equipment can be provided
economically and without foreclosing future opportunities
for better resource use.
Are additional standards or performance criteria needed
for small earth terminal satellite systems in order to
foster their early application and to ensure their orderly
development? This question is of particular importance.
The evolution of satellite systems operating at frequencies
above 14.5 GHz is making slow progress, partly due to
technology limitations. At the same time, however, demands
for orbit/spectrum space below 14.5 GHz are growing
significantly. These demands could be eased if the higher
frequencies could be used as reliably as the lower
frequencies.
The recommendations are that:
Industry should take the initiative, in cooperation
with users and Government, to explore the need for
criteria and standards for small earth terminal
satellite systems operating in the 2.5, 1, 6, 22,
and 21 GDz bands. It should also assess the effect
of these standards on future technological develop-
ment, and, if appropriate, define and recommend
performance criteric or standards for FCC adoption.
NASA should undertake, in conjunction with industry,
to identify the hardware and other reliability
barriers that limit the use of frequencies above
14.5 GHz for satellite communications and to
recommend a program for lowering these barriers.
Land mobile radio systems are totally dependent on the
spectrum. Already, the spectrum allocated to these
systems is being used intensively. Substantial growth in
the demand for their services is expected. To ensure that
the spectrum will be used in the most efficient way, it is
desirable to have better quantitative information about
the performance, spectrum utilization, and capacity of
land mobile systems.
In addition, several Federal agencies support the develop-
ment of better land mobile and other communications systems
for use by public safety services. However, the objectives
of Government support often differ, a situation that can
lead to inefficient employment of the spectrum and
insufficient long-range planning.
FORD
GERALD
LIBRARY
To meet these land mobile radio issues, we have three
recommendations:
0
Telecommunication authorities should foster research
to develop better critcria for describing and
measuring land mobile service performance.
Telecommunication authorities should foster research
to develop better methods for describing and
measuring spectrum capacity and utilization for
land mobile radio systems.
One Government agency should be responsible for
coordinating Federal support of local land mobile
radio programs. This Federal effort should support
local agency attempts to achieve better spectrum
use and lower costs through the development of
integrated local communication systems serving
several functions 02' user groups.
The design techniques of current CATV systems may affect
the potential growth of broadband nonentertainment services.
The question is: Are these techniques adequate to provide
systems that will be capable of handling additional
nonentertainment services? Therefore:
0
Industry and users should seek early resolution of
certain problems of system performance associated
with delivery of broadband communication services.
These problem areas include: (2) frequency manage-
ment in broadband systems, (2) interface standarás
or specifications, (3) security and privacy, and
(4) terminal equipment characteristics.
To help fiber optic communications fulfill its promise as
promptly as possible, the development of appropriate
standards should begin soon. It is therefore recommended
that:
The informal Optical Communications Task Force
initiated by the Office of Telecommunications
should identify what specifications (or voluntary
standards) and codes are desirable to ensure rapid
and orderly implementation of fiber optic tech-
nology in the commercial and public sectors.
BERRIA FORD LIBRARY
POLICY AND REGULATION
Although current regulations restrict the permanent use of
satellite small earth terminals, some users wish to
develop systems with terminals as soon as possible. In
spite of the possible benefits to be derived from these
systems, our future freedom of choice ought not to be
precluded by premature approval of proposals for systems
that inordinately "consume" available spectrum and orbit
positions.
Moreover, it is imperative that we better understand and
describe the resources that will determine how many - and
in what form --- satellite services can be provided.
In view of these concerns, we recommend that:
Government -- through the OTP, FCC, and other
agencies -- should veexamine its policy and
regulations with respect to исе of domestic and
international small earth terminal satellite
systems. In the process, it should intensify
its search for advice from interested parties.
The FCC and OTP should give priority to obtaining
additional and more comprehensive descriptions of
the spectrum/orbit and spectrum/geography resources
and the dependence of these on technical parametere
of satellite systems.
Regulatory delay is a matter of widespread concern to the
telecommunications community. To reduce the delays incurre
by full hearings, the FCC has from time to time brought
interested parties together for informal gatherings prior
to formal proceedings. Accordingly, we recommend that:
Consideration should be given to the desirability,
feasibility, and legality of making greater USC of
open, informal discussions between interested
parties prior to the start of FCC formal proceeding
particularly those that are to consider largely
technical matters.
CATV regulation may be a barrier to the implementation of
nonentertainment broadband services. Partial deregulation
of CATV services is being addressed by the Domestic Council
the FCC, and Congress. The Domestic Council regulatory
group, however, concluded that not enough data were
available on the effects of deregulation to support a
GERALD FORD LIBRARY
decision, which might influence the general availability
of nonentertainment services. It is recommended that:
0
The Domestic Council Working Group should arrange
to obtain necessary research to establish the
probable consequences of partial deregulation of CATV.
SPECTRUM MANAGEMENT
In the next three years, two World Administrative Radio
Conferences (WARC's) dealing with matters germane to this
report will be held. The first, in 1977, is primarily
concerned with satellite broadcasting in the 11/12 GHz
band. The second, scheduled for 1979, will review the
Radio Regulations, including the Table of Frequency
Allocations. These WARC's will establish the pattern of
worldwide spectrum use for many years to come. Moreover,
their decisions will affect the rules and regulations of
the United States, which are based on the international
agreements. It is therefore important that the United
States meticulously prepare its conference positions in
all areas.
The evolution of public service satellite systems in the
2.5 GHz band is likely to be inhibited by the limited
variety of services that can be provided in the narrow
bandwidth available. Expanding the bandwidth would
increase the number of services that might employ it.
This would distribute the cost of the satellite over a
greater number of users.
It is recommended that:
0
U.S. preparation for the 1979 World Administrative
Radio Conference should place emphasis on:
(2) Provision of spectrum space for small
earth terminal satellite systems.
(2) Optimination of orbital spacing of
satellites sharing the same frequencies.
(3) Imbalance of spectrum/orbit utilization
above and below 24.5 GHz.
(1) Need for greater bandwidth allocations at
2.5 GHz for public service satellites.
FORD
GERALD
LIBRARY
Public service satellitc users should determine the
cost advantages that could result from increasing
the bandwidth available to them at 2. 5 GHz and use
the information ES the basis for requesting the
FCC to negotiate for an increase in the available
bandwidth.
For land mobile services, we recommend that:
0
U. S. preparation for the 1979 World Administrative
Radio Conference should emphasize the resolution of
differences between the planned use of the 900 MHz
band by the United States for land mobile systems
and the international frequency allocations.
COMPOSING A NATIONAL TELECOMMUNICATIONS AGENDA
As was discussed above, the recommendations of this report
should be thought of as a contribution to the composition
of a national draft agenda. The final agenda, of course,
must be the product of an extensive dialogue among
Government, industry, and users. A question arises: What
is the best way to begin this process of joint discussion?
Possible answers abound: congressional hearings, industry
and professional association workshops, academic seminars,
and Federal Executive Branch initiatives.
However, all the best intentions will most likely be
rendered futile if at the outset some agency does not assume
the responsibility of receiving and processing the ideas and
proposals regarding the agenda. Therefore:
The services of the Office of Telecommunications will
be available for initial coordination of reactions
to this report and, by extension, of all suggestions
pertaining to the formulation of a national telecom-
munication draft agenda. This tenure will last only
until a permanent "Keeper of the Agenda" is named.
In conclusion, implementation of all the recommendations
should foster the long-term growth of telecommunication
technology in the United States. This growth will benefit
not only service users but also industry, which will
profit from the creation of new markets.
GERALD FORD LIBRAR,
Telecommunications Organization and Roles
Background: Toward the end of the Johnson Administration, a Task
Force on Telecommunications Policy recommended the creation of a
centralized focus for telecommunications policy in the Executive
Branch. Such an agency would advise the President on
telecommunications, speak for the Executive Branch in the
development of national and international policy, and coordinate
the Executive's use of telecommunications, especially the radio
spectrum. Executive Order 11556 created an Office of
Telecommunications Policy in the Executive Office in 1970. The
same Order tasked the Secretary of Commerce with providing
administrative and analytical support to OTP, resulting in the
creation of OT.
Recently, proposals have been made to restructure OTP. A
McKinsey study offers six options: as a policy counselor group in
the Domestic Council, as an DOP Telecommunications Office (the
present situation), as an Assistant Secretariat, possibly in the
Department of Commerce, as a policy-oriented independent agency,
as a policy and operations-oriented agency, and as a Department
of Telecommunications.
Information transmission (computing) and information
transmission (telecommunications) are becoming increasingly
interdependent as America becomes a post-industrial society.
They share problems of privacy, standards, and a high rate of
technological change. Computers evolved from telephone switch
gear, and now are used as switching exchanges. Communications,
even voice and video, is being transmitted digitally. The
Department has two agencies concerned with information
technology: OT, with its Institute for Telecommunication
Sciences, and the Institute for Computer Science and Technology
in NBS.
Issue: What is the optimal arrangement of the various Executive
Branch agencies concerned with telecommunications and information
technology?
Analysis of Issue: Interagency coordination and Executive Branch
policy determination and articulation really need to be done at
the Executive Office level, although possibly in the Domestic
Council or Office of Science and Technology Policy. However,
there is no reason that other Executive Branch agencies should
not formulate policy options, especially where their particular
missions are concerned. A mission agency might also provide
administrative and analytical services to an agency that decides
matters of policy. Much of the awkwardness in the OT/OTP
relationship has come from OT's dual roles: to support OTP and
to support development of telecommunications science and
industry. Mutual appreciation of the validity of both roles and
the trade-offs this sometimes implies is required. A review of
various Federal agency roles toward recommending an improved
structure should be undertaken on a Government-vide basis.
ERALD 9817 FORD
Schedule: Resolution depends on the willingness of the new
Director of OTP to recognize the importance of resolving
procedural questions as an aid to resolving the many substantive
issues he will face when he assumes office. The review of
Department organization should be started in the third quarter of
FY 1977.
PATENT REFORM LEGISLATION
Background
Concerned that the U.S. patent system, which has remained
fundamentally unchanged since 1836, has not kept pace with
the changing conditions brought about by modern technology,
the 1966 President's Commission on the Patent System pro-
posed 35 recommendations for its modernization. The
Administration first prepared a patent bill based on the
report of the Commission in 1967. Features of the initial
bill were vigorously opposed by segments of industry, bar
and inventor groups. By 1969 a modified version of the bill
had general support from the Administration and the private
sector. In 1970, however, a dispute arose between the
Commerce and Justice Departments over the provisions of the
bill. Each department presented its independent views to
the patent subcommittee of the Senate Judiciary Committee.
An Administration bill, developed through joint negotiation
by the Departments of Commerce and Justice, arbitrated by
OMB, was transmitted to Congress in the fall of 1973.
There was immediate and strong opposition to this bill from
all interested segments of the private sector, including
industrial organizations, patent law associations and inven-
tor groups. The bill, with slight modification, was rein-
troduced as S. 1308 in the beginning of the 94th Congress.
In the fall of 1975 the Senate approved S. 2255, which is
very similar to the Administration's bill. The House took
no action and the bill died in the 94th Congress.
Issue
To have enacted a new patent revision law more closely
responsive than our present law to the contemporary and
future needs of the Nation.
Analysis of Issue
Commerce is concerned that any new patent bill provide strong
incentives for inventing, publicly disclosing the invention,
investing in research and development and commercializing
new and improved products, all to the Constitutional end of
"promoting the progress of
the useful arts." Parti-
cipation in the patent system by inventors and businessmen
is voluntary. The patent law is not a regulatory statute;
it must encourage inventors and businessmen to seek patents.
Only by providing such encouragement can the system achieve
its objective of stimulating technology and the economy.
The Department of Justice position stated in simplistic terms,
is that the patent laws should restrict rather than expand
the opportunity for a patentee to fully develop a patent
position.
The former Administration bill, S. 1308, included several
new features with which there is little controversy, such
as opportunity for the public to present reasons why an
invention is not patentable, encouragement of arbitration
of patent disputes, and change to a 20-year term from the
date of filing rather than a 17-year term from the date
of grant. It also contained a great many additional pro-
cedural requirements which would not only be burdensome
to the applicant but would also provide new grounds for
invalidating the patent if the applicant carelessly or
through errors in judgment failed to comply. Under this
bill, protection would frequently be denied on meritorious
inventions for failure to get over the many procedural
hurdles.
Schedule
In September 1976, after unsuccessful efforts at OMB to
modify the Administration position, the Secretary of
Commerce wrote to House Judiciary Committee Chairman
Rodino expressing concern over the cost and expense of
the pending legislation. The Commerce letter suggested
several specific changes. In October the Patent and
Trademark Office proposed rule changes that would accom-
plish some of the same objectives as the legislation but
with far less expense. A hearing on the rule changes
will be held on December 7. The staff currently is
preparing a draft bill for possible introduction in the
next Congress.
Appendix
None required.
PATENT EXAMINATION QUALITY
Background
Applications for the grant of a patent are examined before
a patent is issued to determine, to the extent possible, whether
the invention disclosed meets the statutory requirements for the
issuance of a patent. Examination enables both patent owners and
their competitors to better gauge their rights and better make
related business decisions. Examination before the issuance of
a patent also avoids shifting much of the examination burden to
the courts and to the public.
Good quality examination enables patent owners and the pub-
lic to act and make decisions related to the utilization of new
technology with greater confidence and assurance of their rights.
It enhances the value of patents and the incentives of the patent
system for the creation and utilization of new technology.
There have been strong criticisms of the quality of exami-
nation conducted in the Patent and Trademark Office by the Courts,
including the Supreme Court, in their opinions in some cases and
in the statements of some judges, by some in the Congress, by
some in industry and by some in academic circles.
Certain of these criticisms are valid and certain are not.
The statistics on patent invalidity holdings in the courts have
not been accurately quoted and represented by some critics. On
the other hand, factors do exist which adversely affect the
quality of examination (e.g., there are defects in the complete-
ness and integrity of the search file containing existing tech-
nology and utilized in the examination of a patent application.)
Issue
What can be done to improve the quality of examination?
What are the priorities among the available alternatives? What
resources should be devoted to improving the quality of exami-
nation?
Analysis of Issue
Studies of the issue have been conducted and a number of
programs for improving quality have been undertaken, and are
being planned.
The studies which have been completed have reviewed the
available measures of examination quality and the alternatives
which exist for improving quality. A multiyear plan of action
for improving quality is under development.
Among the more significant programs already instituted in
recent years to improve quality are: (1) the establishment of
a quality review program under which a sample of the patents
issued are reviewed for quality of examination, (2) provision for
additional time for patent examiners to conduct the examination,
(3) continuous review of the court decisions invalidating pat-
ents for learning purposes and to help pinpoint problem areas,
and (4) improvements in certain aspects of the search files
utilized by the examiners.
Schedule
The multiyear plan of action mentioned above is expected to
be completed in December, 1976. Its principal focus will be upon
improvement of the search files. It will probably also include
(1) an enhanced educational program for examiners, (2) an en-
largement. of the quality review sample size and followup on the
results of the review, (3) studies of the feasibility of systems
for the replacement of the paper search file with microfilm, (4)
continuation of the updating of the classification schedule (or
subject matter breakdown) of the search file, and (5) continued
study of mechanized searching. In addition, changes in the rules
of practice to improve the quality of patents are under considera-
tion. A decision on their adoption may be made by the end of
1976.
IMPROVED PAPER HANDLING
Background
The Patent and Trademark Office recognizes that effective
handling of the multitude of paper is required to provide
timely service, quality products to the public and to reduce
complaints. In all cases, the major problem is availability
of funds.
Controlling the Whereabouts of Pending Applications
Data: Over 500 new patent and trademark applications
received daily; over 3,000 individual pieces of mail
relating to the 200,000+ pending applications are
received daily relating to the applications.
In 1973 the PTO began utilizing a computer for locating
200,000+ applications. The initial success of the system
leads the PTO to believe that greater savings in manpower
and time can be realized through use of more sophisticated
computer systems.
Controlling File Histories and Assignment Rights
Data: Maintaining the examination and assignment
histories of the over four million patents and trade-
marks (or 150 million individual sheets of paper)
readily accessible to the public and the courts;
500-1,000 requests daily.
Currently all records are maintained on paper, updated by
hand and requests fulfilled by pulling of information.
Studies under way indicate the most cost-effective approach
to handling these massive paper files require significant
initial cash outlay in return for substantial reductions in
space required for storage, man years and decrease in public
complaints.
Controlling Patent and Trademark Search Files
Data: Twenty million patents and trademarks contain
150 million individual sheets of paper.
PTO is continuing to examine mechanized methods for main-
taining the file integrity and for searching of both patents
and other references. This is required to insure good tools
for searching (hence, affecting quality of search product)
and to control time required for searching (maintain pro-
ductivity).
Controlling Requests for Orders
Data: 20,000 orders for patents and trademarks
received daily.
In 1976 the PTO undertook to update its copy fulfillment
system. New equipment to be delivered in 1977 is the first
phase. The second phase contemplates a computer-controlled
system for inventories and order fulfillment. Savings
resulting from greater control will be measured in reduced
complaints, increased public service and manpower savings
for PTO.
Upcoming Paper Handling Problems
Operations under the Patent Cooperation Treaty may begin
in fall 1977. This international cooperation effort will
ultimately reduce duplicative processing of patent appli-
cations by member nations. Because the U.S. Patent and
Trademark Office will be both an international filing and
searching office, significant start-up problems such as
control of monetary exchange. time limits, paper sizes,
procedures, completeness of search files, etc., create
additional paperwork and control. Control mechanisms are
now under study.
TRADEMARK REGISTRATION TREATY
Background
The subject treaty, signed by the United States in 1973 and
transmitted to the Senate for advice and consent to ratifi-
cation on September 3, 1975, will establish an international
trademark filing arrangement, by which firms in member
countries can more easily register trademarks (and service
marks) and maintain these property rights in all member
countries. Since the Treaty is not self-executing, the
instrument of United States ratification will not be deposited
until the necessary implementing legislation is enacted.
Proposed implementing legislation, submitted by the Depart-
ment to OMB on November 2, 1975, would have effected the
necessary changes in the federal trademark statutes and pro-
vided persons filing domestic United States trademark
applications with the same substantive benefits in the
United States as are available to persons filing under the
Treaty. OMB clearance was not secured prior to the adjourn-
ment sine die of the 94th Congress due primarily to objections
raised by the Department of Justice and the long delay before
these objections were surfaced.
Issue
The Justice Department objections principally concern changes
in the use requirements of United States trademark law which
are necessary in order to comply with the Treaty. Essen-
tially, the required change is that an application for
registration could be based upon a declared intention to
use a trademark in United States commerce, as an alternative
to actual use. In the case of an application based on
intent to use, the owner would be required to commence use
of the mark in commerce by the expiration of three years,
counted from the filing date of the application, and to file
a declaration of such use in the Patent and Trademark Office
before the end of the fourth year. Failure to meet these
requirements would result in cancellation of the registra-
tion. The proposed change is supported by the Departments
of Commerce and State. The Federal Trade Commission is
neutral. Justice Department is opposed.
Analysis of Issue
Justice's opposition is based primarily on its concern that
the intent to use alternative will be abused, causing a
proliferation of filings and enabling firms to secure unfair
advantages by reserving marks. The proponents argue that
the proposed legislation contains safeguards to prevent
abuse; that the present requirement of actual use prior to
filing is out of touch with the realities of modern business;
that foreign nationals, pursuant to requirements of the Paris
Convention, can already secure enforceable trademark regis-
trations in the United States without use; and that this
advantage should, and would under the Treaty, be made equally
available to U.S. nationals.
Schedule
The Department hopes to resolve the issue in the first quarter
of 1977 and to secure early clearance to introduce legisla-
tion in the Congress. It is expected that the Senate would
then schedule hearings on both the Treaty and legislation.
We would urge that these hearings be held before the end of
the First Session.
Appendix
None required.
Congressional Oversight
Assistant Secretary for Science and Technology
CONGRESSIONAL OVERSIGHT
House
House Commerce Committee
House Committee on Science and Technology
Senate
Senate Commerce Committee
Senate Committee on the Judiciary
Office of Product Standards
CONGRESSIONAL OVERSIGHT
House Committee on Commerce
House Committee on Science and Technology
Senate Committee on Commerce
Senate Committee on Judiciary
9. CONGRESSIONAL OVERSIGHT
The House Science and Technology Committee, Subcommittee on Science,
Research and Technology and the Senate Commerce Committee have general
oversight responsibility for NBS. The House Interstate and Foreign
Commerce Committee, Subcommittee on Energy and Power exercises occasional
oversight on the NBS energy-related programs and the House Government
Operations Committee exercises occasional oversight on the NBS computer-
related programs.
OFFICE OF TELECOMMUNICATIONS
CONGRESSIONAL OVERSIGHT
House Committee on Interstate and Foreign Commerce
Subcommittee on Communications:
Lionel Van Deerlin (D-Cal.), Chairman
Charles J. Carney (D-Ohio)
Goodloe E. Byron (D-Md.)
Martin A. Russo (D-Ill.)
Timothy E. Wirth (D-Col.)
Henry Waxman (D-Cal.)
Louis Frey, Jr. (R-Fla.)
W. Henson Moore, III (R-La.)
House Committee on Appropriations
Subcommittee on State, Justice, Commerce, the Judiciary:
John M. Slack (D-W. Va.), Chairman
Neal Smith (D-Iowa)
John J. Flynt (D-Ga.)
William V. Alexander (D-Arkansas)
Yvonne B. Burke (D-Cal.)
Joseph Early (D-Mass.)
Elford Cederburg (R-Mich.)
Mark Andrews (R-N.D.)
Clarence E. Miller (R-Ohio)
Senate Commerce Committee
Subcommittee on Communications:
John O. Pastore (D-R.I.), Chairman (retiring)
Vance Hartke (D-Ind.) (defeated)
Phillip A. Hart (D-Mich.) (retiring)
Russell B. Long (D-La.)
Frank E. Moss (D-Utah) (defeated)
Howard W. Cannon (D-Nev.)
Ernest F. Hollings (D-S.C.)
Daniel K. Inouye (D-Ha.)
John A. Durkin (D-N.H.)
Howard H. Baker (R-Tenn.)
Robert P. Griffin (R-Mich.)
Ted Stevens (R-Alaska)
J. Glenn Beall, Jr. (R-Md.) (defeated)
Lowell P. Weicker (R-Conn.)
Senate Committee on Appropriations
Subcommittee on State, Justice, Commerce, the Judiciary:
John O. Pastore (D-R.I.), Chairman (retiring)
John L. McClellan (D-Ark.) (retiring)
Mike Mansfield (D-Mont.) (retiring)
Ernest F. Hollings (D-S.C.)
Warren G. Magnuson (D-Wash.)
Thomas F. Eagleton (D-Mo.)
J. Bennett Johnston (D-La.)
Walter D. Huddleston (D-Ky.)
Roman L. Hruska (R-Neb.)
Hiram L. Fong (R-Ha.) (retiring)
Edward Brooke (R-Mass.)
Mark Hatfield (R-Ore.)
Ted Stevens (R-Alaska)
Patent and Trademark Office
CONGRESSIONAL OVERSIGHT
Senate Judiciary Committee
Subcommittee on Patents, Trademarks
and Copyrights
Thomas C. Brennan, Chief Counsel
House Judiciary Committee
Subcommittee on Courts, Civil Liberties
and the Administration of Justice
Herbert Fuchs, Counsel
ASSISTANT SECRETARY FOR SCIENCE AND TECHNOLOGY
OUTSIDE CONTACTS
William O. Baker, President, Bell Laboratories
Guenther Baumgart, President, Association of Home Appliance
Manufacturers
Arthur Bueche, Vice President for R&D, General Electric
Company
Paul F. Chenea, Vice President, Research Laboratories,
General Motors Corporation
Herbert I. Fusfeld, Director of Research, Kennecott Copper
Corporation
Arthur Kantrowitz, President, AVCO Corporation
John Landis, President, American National Standards Institute
Richard Morse, President, MIT Development Foundation, Inc.
Harry Paynter, President, Gas Appliance Manufacturers
Association
Malcolm Pruitt, Vice President, Dow Chemical Company
Malcolm T. Stamper, President, Boeing Company
Adrian Weaver, Chairman, American National Metric Council
OTHER MAJOR OUTSIDE CONTACTS, INCLUDING ADVISORY COMMITTEES
The Office of Environmental Affairs is in contact with
numerous trade associations and those sectors of the
industrial community involved with the implementation of
major environmental legislation, e.g., the Clean Air Act,
the Federal Water Pollution Control Act, the Federal
Insecticide, Fungicide and Rodenticide Control Act.
Office of Product Standards
OTHER MAJOR OUTSIDE CONTACTS
American National Standards Institute, American Society for
Testing and Materials, and other non-Federal standards-
setting bodies, American National Metric Council, et al.
10. MAJOR OUTSIDE CONTACTS, INCLUDING ADVISORY COMMITTEES
A. Congressional
Senate Commerce Committee
Senator Daniel K. Inouye
Mr. Eric Lee, Staff Assistant
Senator Claiborne Pell
Mr. William Young, Legislative Assistant
Senate Committee on Interior and Insular Affairs
Mr. Benjamin S. Cooper, Professional Staff Member
Dr. Willis Smith, Professional Staff Member
House Science and Technology Committee
Congressman Don Fuqua of Florida
Congressman Mike McCormack of Washington
Congressman George Brown of California
Mr. Phillip B. Yeager, Counsel
Mr. Frank R.. Hammill, Counsel
Mr. Mike Superata, Minority Counsel
Mr. Thomas J. Ratchford, Science Consultant
Dr. John D. Holmfeld, Science Policy
Mr. Kirk Hall, Technical Specialist
Dr. Radford Byerly, Science Consultant
Mr. William B. Wells, Technical Consultant
Miss Barbara Sutton, Secretary
Dr. James Cox, Professional Staff Member
House Committee on Interstate and Foreign Commerce
Mrs. Elizabeth Harrison, Professional Staff Member
Congressman Teno Roncalio of Wyoming
Mr. Dennis Earhart, Administrative Assistant
Mr. Brec Cooke, Legislative Assistant
Mrs. Mary Etta Cook, Secretary
Congresswoman Lindy Boggs of Louisianna
Congressman Mike McCormack of Washington
Dr. John Andelin, Administrative Assistant
Congresswoman Marjorie Holt of Maryland
B. Interagency
Environmental Protection Agency
Dr. Wilson K. Talley, Assistant Administrator for R&D
Housing and Urban Development
Dr. Charles J. Orlebeke, Assistant Secretary for Policy Development
and Research
Consumer Product Safety Commission
John Byington, Chairman
Department of Justice
Richard W. Velde, Law Enforcement Assistance Administration
Federal Energy Administration
Roger W. Sant, Assistant Administrator, Energy Conservation and
Environment
Advanced Research Projects Agency (DoD)
Dr. George Heilmeier, Director
Energy Research and Development Administration
Dr. Chalmer G, Kirkbride, Science Advisor to the Administrator
Dr, Richard W. Roberts, Assistant Administrator for Nuclear Energy
Mr. Hal Hollister, Deputy Assistant Administrator for Environment
and Safety
C. NBS Statutory Visiting Committee
Mr. Charles E. Peck, Vice President, Construction Group, Owens-Corning
Fiberglass Corporation (Chairman)
Dr. Edwin A. Gee, Senior Vice President, E. I. dePont de Nemours and
Company
Dr. Robert H. Dicke, Department of Physics, Princeton University
Dr. W. Dale Compton, Vice President, Research, Ford Motor Company
Mr. William D. Carey, Executive Officer, American Association for the
Advancement of Science
D. Executive Committee of NAS-NRC Evaluation Panels for the National Bureau
of Standards
Dr. William O. Baker, President, Bell Laboratories (Chairman)
Dr. Julian Bigelow, Institute for Advanced Study
Dr. Ronald Geballe, Acting Dean, College of Arts and Sciences, University
of Washington
Dr. Milton Harris, Consultant
Dr. David B. Hertz, Director, McKinsey and Company, Inc.
Dr. Joseph Kestin, Division of Engineering, Brown University
Dr. Alan K. McAdams, Graduate School of Business and Public Administration,
Cornell University
Mr. Charles J. Meechan, Corporate Vice President, Research and Engineering,
Rockwell International
Dr. Roland W. Schmitt, R&D Manager, Physical Science and Engineering, General
Electric Research and Development Center
Dr. I. C. Schoonover, Consultant
Dr. G. King Walters, Department of Physics, Rice University
E. Public
Electric Power Research Institute
Robert Perry, Acting Director, Transmission and Distribution
State of Washington
Governor Elect Dixie Lee Ray
American Petroleum Institute
Adin H. Hall, Chairman of Committee on Petroleum Measurement
Burroughs Corporation
Dr. Robert R. Johnson, Vice President, Engineering
California Computer Products, Inc.
Lester Kilpatrick, President
American Can Company
William May, President and Chairman of the Board
Control Data Corporation
William Norris, President and Chairman of the Board
Bank of America
Alfred R. Zipf, Executive Vice President
F. Press and Media
NBS communicates with business and general audiences through the trade and
business press and the mass media. Publications regularly contacted include
Technology Review, Chemical Engineering News, Business Week, the National
Observer, and the New York Times.
The staff grants frequent news interviews; in addition, there is extensive
distribution of news releases, the NBS monthly news magazine, annual reports,
slide programs, films, fliers, brochures, and other materials.
NATIONAL TECHNICAL INFORMATION SERVICE
MAJOR PUBLIC CONTACTS
National Commission on Libraries and Information Science
Fred Burkhardt
Al Trezza
Chairman
Executive Director
National Commission on New Technological Uses of Copyrighted
Works
Arthur Levine
Executive Director
Information Industry Association
Paul Zurkowski
President
American Society for Information Science
Margaret Fisher
President
McGraw-Hill
Curtis G. Benjamin
John Wiley and Sons
Brad Wiley
NATIONAL TECHNICAL INFORMATION SERVICE
MAJOR CONGRESSIONAL CONTACTS
Office of Technology Assessment
Emilio Q. Daddario
Director
Senate Subcommittee on Patents, Trademarks and Copyrights
Thomas Brennan
Chief Counsel
House Subcommittee on Science, Research and Technology
Philip B. Yeager
Thomas R. Kramer
Counsel
Science Consultant
House Subcommittee on Courts, Civil Liberties and the
Administration of Justice
Herbert Fuchs
Thomas E. Mooney
Counsel
Associate Counsel
Public Printer
Thomas McCormick
NATIONAL TECHNICAL INFORMATION SERVICE
MAJOR INTERAGENCY CONTACTS
FCCSET Committee on Intellectual Property and Information
William T. Knox
Vice-Chairman
OFFICE OF TELECOMMUNICATIONS
CONGRESSIONAL STAFF CONTACTS
House Communications Subcommittee:
Alan Pearce
and
Andrew Margeson
Economists
Room B-331
Rayburn House Office Building
Washington, D.C. 20515
General Accounting Office:
Wallace M. Cohen
Assistant Director, Office of Program Analysis
U.S. General Accounting Office
Room 5110, Arthur Building
425 I Street, N.W.
Washington, D.C. 20548
Library of Congress:
Norman Beckman
Acting Director, Congressional Research Service
Library of Congress
10 First Street, S.E.
Washington, D.C. 20540
Office, of Technology Assessment:
Daniel V. DeSimone
Deputy Director
and
Joseph Coates
Assistant Director for Exploratory Research
Office of Technology Assessment
119 D Street, N.E.
Washington, D.C. 20510
INTERAGENCY CONTACTS
Department/Agency
Major Contact
U.S. Department of Commerce
-- National Bureau of Standards
Dr. E. Ambler
-- Patent and Trademark Office
Mr. C.M. Dann
-- National Technical Information Service
Dr. W.T. Knox
--- Domestic & Int'l Business Administration
Mr. L. Matthews
-- National Oceanic & Atmospheric Administration
Dr. R.M. White
U.S. Department of Defense
-- Office of Secretary of Defense
Mr. D. Solomon
-- Army
-- Navy
-- Air Force
-- Defense Communications Agency
Lt.Gen. Lee M. Paschal
-- National Security Agency
-- Defense Advanced Research Projects Agency
-- Defense Civil Preparedness Agency
Energy Research and Development Administration
Dr. R. Roberts
Federal Communications Commission
Chm. R. Wiley
Mr. D. Hatfield
Mr. W. Hinchman
Mr. C. Smith
Mr. R. Spence
Federal Energy Administration
-- Office of Conservation and Environment
Federal Telecommunications Standards Committee,
National Communication System
General Services Administration
Mr. E. Jones
Dr. M. Muntner
-- Automated Data and Telecommunication
Mr. S. Weinstein
Service
office of Science and Technology Policy,
Dr. R. Drew
Executive Office of the President
-3-
INTERAGENCY CONTACTS (Cont'd)
Department/Agency
Major Contact
Department of Health, Education and Welfare
Mr. A. Day
Dr. A. Sheekey
-- Health Resources Administration
Dr. M. Rockoff
-- Rehabilitation Services Administration
Ms. L. Colligan
-- Office of Telecommunications Policy
Mr. H. Hupe
Department of Housing and Urban Development
-- Office of Assistant Secretary for
Policy Development and Research
Mr. A. Siegel
Interagency Committee on Telecommunication Applications
International Telecommunication Union
-- International Radio Consultative Committee (CCIR)
Mr. R. Kirby
-- International Telegraph & Telephone Consultative
Committee (CCITT)
National Aeronautics and Space Administration
Mr. Sam Hubbard
National Science Foundation
Dr. C. Brownstein
Dr. A. Aines
-- Directorate for Research Applications
Dr. L. Burchinal
-- Office of Science Information Services
Dr. P. Johnson
U.S. Postal Service
Mr. H. Belcher
Mr. J. Gentile
Office of Telecommunications Policy,
Mr. T. Houser
Executive Office of the President
Dr. W. Thaler
Office of Special Trade Representative,
Executive Office of the President
Ambassador F. Dent
Organisation for Economic Cooperation and
Dr. D. Beckler
Development (OECD)
Dr. H. Lyon
Mr. H. Gassmann
Department of State
Mr. G. Huffcut
Mr. J. O'Neill
-4-
INTERAGENCY CONTACTS (Cont'd)
Department/Agency
Major Contact
Department of Transportation
Dr. A. Goldsmith
-- U.S. Coast Guard
-- Office of Telecommunications
-- Federal Aviation Administration
-- National Highway Traffic Safety Administration
Department of Treasury
Mr. T. Gruel
Mr. W. Moser
Mr. H.R. Patterson
Mr. S. Hayes
-5-
PUBLIC CONTACTS
Henry M. Boettinger
R. M. Mrozinski
Director of Planning
Committee on Telecommunications
and
National Research Council
R. Gradle
2101 Constitution Avenue, N.W.
Vice President for Government
Washington, D.C. 20418
Relations
AT&T
130 John Street
Dr. Sidney Metzger
New York, New York 10038
Vice President & Chief Engineer
Communications Satellite Corp.
950 L'Enfant Plaza, South S.W.
Harvey L. Pastan
Washington, D.C. 20024
Arthur D. Little, Inc.
Acorn Park
Cambridge, Massachusetts 02140
J. P. Maguire
President
Continental Telephone Corp.
Stuart L. Bailey
Post Office Box 400
Atlantic Research Corporation
Merrifield, Virginia 22116
Shirley Highway & Edsall Road
Alexandria, Virginia 22314
William J. Murphy
Vice President
Dr. Marvin Rimerman
Int'l Telecommunications Cons.
Director, Office of Telecommunications
Dittberner Associates, Inc.
City of Baltimore
4900 Auburn Avenue
Building C. City Hospital
Washington, D.C. 20014
4940 Eastern Avenue
Baltimore, Maryland 21224
Robert L. Francisco
President
E. McKay
EBSCO, Inc.
Executive Vice President
411 Providence Highway
Bell Telephone Laboratories
Westwood, Mass. 02096
600 Mountain Avenue
Murray Hill, New Jersey 07974
John Sodolski
Staff Vice President
George S. Trimble
Communications Division
President
Electronics Industries Association
Bunker Ramo Corporation
2001 Eye Street, N.W.
900 Commerce Drive
Washington, D.C. 20006
Oak Brook, Illinois 60521
James Lydon, Editor
T.A. Campobasso
Electronic News
ice President (International)
Fairchild Publications, Inc.
,llins Radio
7 E. 12th Street
1200 North Alma Road
New York, New York 10003
Richardson, Texas 75207
-6-
PUBLIC CONTACTS (Cont'd)
J. J. Herre
Robert Fano
Director of Marketing
Ford Professor of Engineering
Fairchild Space & Electronic Co.
IBM Research Laboratory
Fairchild Drive
Woodland Way
Germantown, Maryland 20767
N. Chatham, Massachusetts 02650
Harold J. Detlefs
Don Christiansen, Editor
Senior Representative
IEEE Spectrum
Communications Program
Institute of Electrical and
General Electric Company
Electronics Engineers, Inc.
777 14th Street, N.W.
345 East 47th Street
Washington, D.C. 20005
New York, New York 10017
T. Brophy
Andrew Lipinski
President
Institute for the Future
GT&E
2725 Sandhill Road
One Stamford Forum
Menlo Park, California 94025
Stamford, Conn. 06904
Walter A. Zarris
rbert K. Krengel
Vice President, Marketing
ce President, Marketing
E. F. Johnson Co.
GTE Lenkurt Inc.
Wasca, Minnesota 56093
1105 County Road
San Carlos, California 94070
Frank Spayth, Manager
Communication System Engineering
Dean Harvey Brooks
Advanced Products Division
Division of Engineering and
The Magnavox Company
Applied Physics
Fort Wayne, Indiana 46804
Harvard University
Cambridge, Massachusetts 02138
Scott Adler
Director, Communications and
Lloyd G. Ludwig
Electronic Programs
Hughes Aircraft Company
Martin Marietta Aerospace
Space & Communications Group
1800 K Street, N.W.
El Segundo, California 90245
Washington, D.C. 20006
Dr. Lewis Branscomb
Vice President & Chief Scientist
Morton Berlan
International Business Machines Corp.
Superintendent of Telecommunications
Old Orchard Road
M.I.T.
Armonk, New York 10504
77 Massachusetts Avenue, Room E19-741
Cambridge, Massachusetts 02139
-7-
PUBLIC CONTACTS (Cont'd)
CI Telecommunications Corp.
Dr. W. Baer
1150 17th Street, N.W.
Senior Policy Analyst
ashington, D.C. 20006
Rand Corporation
Santa Monica, California 90403
C. Grandy
'ice President
Leonard Tufts
The Mitre Corp.
RCA Global Communications
1820 Dolley Madison Boulevard
2030 M. Street, N.W.
IcLean, Virginia 22101
Washington, D.C. 29988
ravis Marshall
J. T. Markley, President
'ice President & Corporate Director
Raytheon Data System Co.
of Government Relations
141 Spring Street
Motorola, Inc.
Lexington, Massachusetts 02173
747 Pennsylvania Avenue, Suite 1100
Washington, D.C. 20006
Howard L. Crispin
Scientific Atlanta, Inc.
Dr. Philip Handler
Post Office Box 13654
sident
Atlanta, Georgia 30324
ional Academy of Sciences
2101 Constitution Avenue, N.W.
Washington, D.C. 20418
George D. Hopkins
Executive Director, Engineering
Systems Division
Robert L. Schmidt
Stanford Research Institute
President
Menlo Park, California 94025
and
Delmer Ports
Vice President for Engineering
Dr. Donald Dunn
National Cable Television Assoc., Inc.
Chairman, Department of
918 16th Street N.W.
Engineering-Economic Systems
Washington, D.C. 20006
Stanford University
Palo Alto, California 94025
Robert W. Davis
Manager, Field Marketing
Edwin Leetsch
and Planning Office
Director, Industrial Communications
Philco-Ford Corp.
Systems
815 Connecticut Avenue, N.W.
Stromberg-Carlson
Washington, D.C. 20006
100 Carlson Road
Rochester, New York 14603
Joseph Milano
+ of New York and
Frank Barnes
:W Jersey Authority
Professor, Department of
-
World Trade Center, Suite 63E
Electrical Engineering
New York, New York 10048
University of Colorado
Boulder, Coloradi 80302
-8-
PUBLIC CONTACTS (Cont'd)
John S. Gilmore
Ben Givens
Senior Research Economist
Assistant Vice President for
University of Denver Research
Federal Agencies
Institute
AT&T
Denver, Colorado 80210
2000 L Street, N.W.
Washington, D.C. 20036
Professor Kan Chen
Department of Electrical and
Solomon J. Buchsbaum
Computer Engineering
Vice President, Network Planning
University of Michigan
and Customer Services
Ann Arbor, Michigan 48104
Bell Laboratories
600 Mountain Avenue
Murray Hill, New Jersey 07974
Western Electric
195 Broadway
New York, New York 10007
Raymond Bowers
Program on Science, Technology
and Society
Henry G. Catucci
Cornell University
Vice President
Ithaca, New York
Western Union Int'l, Inc.
no M Street, N.W.
shington, D.C. 20037
William R. Malone
Vice President
General Telephone & Electronics
Roy W. Gavert, Jr.
One Stamford Forum
Vice President, Marketing
Stamford, Conn. 06904
Westinghouse Electric Corp.
Gateway Center
Westinghouse Building
Lynn Ellis
Pittsburg, PA 15222
Director of Telecommunications
ITT
320 Park Avenue
Roland Homet
New York, New York 10022
Director
Aspen Institute Program on
Communications & Society
George F. Mansur
1785 Massachusetts Avenue
Vice President
Washington, D.C. 20036
Martin Marietta Corp.
Orlando, Florida
Lloyd Morrisett
President
Sid Topol
John R. and Mary Markle Foundation
President
50 Rockefeller Plaza
Scientific-Atlanta
New York, New York 10020
Atlanta, Georgia
kichard Hake
Jack A. Baird
Director, Government Communications
Vice Pres., Customer Services
AT&T
AT&T
2000 L Street, N.W.
295 N. Maple Ave., Rm. 4449H3
Washington, D.C. 20036
Basking Ridge, N.J. 07920
-9-
Dean Wm. L. Everitt
Dr. Robt. D. Maurer
College of Engineering
Mgr., Applied Physics Research
Univ. of Illinois
Corning Glass Works
Urbana, Ill. 61801
Corning, N. Y. 14830
Dr. Lawrence G. Roberts
Dr. A. D. Wheelon
President
Vice Pres. and Group Executive
Telenet Communications Corp.
Space & Communications Group
1050-17th St., N.W., Suite 850
Hughes Aircraft Company
Washington, D.C. 20036
909 N. Sepulveda Blvd.
E1 Segundo, Calif. 90245
Patent and Trademark Office
OTHER MAJOR OUTSIDE CONTACTS
Interagency
Department of Justice, Antitrust Division
Foreign Commerce Section, Joel Davidow, Chief
Patent Section, Richard Stern, Chief
Department of State, Office of Business Practices
Harvey J. Winter, Director
Federal Trade Commission, Assistant to the General
Counsel for International Affairs
John Fishbach
Other Cabinet-Level Agencies and Technology-Oriented
Independent Agencies
The General Patent Counsel of each
Public and Advisory Committees
American Bar Association
Patent, Trademark and Copyright Section
Patent Division, Edward C. Vandenburgh III, Chairman
Trademark Division, Thomas E. Smith, Chairman
Committee on International Patent, Trademark and
Copyright Affairs, International Law Section
J. Phillip Anderegg, Chairman
American Patent Law Association
John D. Upham, President
Albert Robin, Chairman, Trademark and Tradename
Protection Committee
United States Trademark Association
John C. McDonald, President
International Patent and Trademark Association
George R. Clark, President
Chamber of Commerce of the United States, Antitrust
and Trade Regulations Committee
Fred Byset, Committee Executive
National Association of Manufacturers
E. Douglas Kenna, President
Licensing Executives Society
Norman A. Jacobs, President
OTHER MAJOR OUTSIDE CONTACTS (continued)
Manufacturing Chemists Association
William J. Driver, President
Pharmaceutical Manufacturers Association
C. Joseph Stetler, President
Pacific Industrial Property Organization
Harold Levine, President
National Foreign Trade Council
Robert M. Norris, President
Boston Patent Law Association
David Wolf, President
Chicago Patent Law Association
Theodore R. Scott, President
Chicago Bar Association, Committee on Patents, Trade-
marks and Trade Practices
Charles E. Bouton, Chairman
Cleveland Patent Law Association
F. C. Rote, President
D. C. Bar Association
Patent, Trademark & Copyright Section
Helen Nies, Chairman
Patent, Trademark & Copyright Law Section, International
Affairs Committee
Edward J. Kondracki, Chairman
International Patent and Trademark Committee
Richard Wiener, Chairman
Houston Patent Law Association
Dudley R. Dobie, President
Los Angeles Patent Law Association
Arthur Freilich, President
New Jersey Patent Law Association
Jon S. Saxe, President
The New York Patent Law Association
Morris Relson, President
Philadelphia Patent Law Association
Roger R. Horton, President
San Francisco Patent Law Association
Bruce W. Schwab, President
Public Advisory Committee for Trademark Affairs
Anthony R. DeSimone, Chairman
Patent and Trademark Office Advisory Committee
William L. Keefauver, Chairman