Dimitris and I have been discussing the best way to mark updated guidelines
(BRs, EVGL, NetSec) after they are amended by a CABF Ballot. (The discussion
below only applies to amendment to existing guidelines, not totally new
guidelines, and also only applies if no Exclusion Notices are filed during the
Review Period after a successful ballot - we follow a different procedure in
those cases.)
We will discuss this issue on our next CABF teleconference on Thursday, March
22. I have a proposal highlighted further down in this message.
Here is the process as we understand it. We include relevant provisions from
the IPR Agreement and Bylaws at the end of this message.
1. A ballot that "maintains" a guideline document (BRs, EVGLs, NetSec) has a
voting date that ends on date X. Assuming the ballot passes, this date (X) IS
NOT the effective date of the Guideline because it needs to go through an IPR
Review Period.
1. Once the ballot passes, the Chair must post (date Y) the results in a
Review Notice on the public list and officially start the IPR review process so
that Essential Claims can be filed by members with IP issues via Exclusion
Notices. This process begins on date Y and lasts for 30 days, and is called the
Review Period. The Review Notice must include an updated copy of the entire
guideline document including the changes that were approved by ballot.
("Document A")
1. Between date X and Y+30, the document is NOT yet a "Final Maintenance
Guideline" and is not effective for CAs
1. After Y+30, if no Essential Claims have been filed, the document is
officially called a "Final Maintenance Guideline" and is the normative
effective date that CAs must comply. An updated version of the Final
Maintenance Guideline including the ballot changes must be posted to the
Forum's website within 10 business days of the close of the Review Period.
("Document B")
As a practical matter, the Document A that the Chair sends to Forum members
with the Review Notice at the start of the Review Period (on the public list)
is the same as the Document B the Chair posts to the Forum's website after the
end of the Review Period. The changes made by the ballot are not effective yet
in Document A, but are effective in Document B.
Dimitris and I were discussing how to make this difference apparent to members
and to the public in the two documents and avoid confusion.
The final updated form of guidelines (both red-lined showing ballot changes,
and clean including ballot changes) that is posted to the website (Document B)
always includes a table showing a new version number and the effective date of
changes (Y+30 above). How should we mark the Document A that is sent with the
Review Notice at the start of the Review Period so members and the public are
not confused?
Proposed Solution: I propose that the Document A sent with the Review Notice
before the ballot changes become effective should be marked on the first page
with a large legend something like this: "For IPR Review Period use only -
includes changes from Ballot [XXX] that are not yet effective". We should not
show a new version number yet on Document A, but only show the prior version
number plus the Ballot number changes included, e.g. "Version 1.5.6 [plus
changes from Ballot XXX for review]".
Once the 30 day Review Period has ended, we would then post the updated version
number and effective date as Document B ("Version 1.5.7, effective [date Review
Period ended]") on the Forum's website.
We would appreciate comments and suggested edits to this procedure on our call
this Thursday.
Provisions from the IPR Agreement
"Draft Guideline" means a version of a CAB Forum guideline that has not been
approved as a Final Guideline or Final Maintenance Guideline, regardless of
whether or not the Draft Guideline has been published.
"Final Guideline" is any version of a Draft Guideline that the Participants
have agreed is a final version of such Draft Guideline pursuant to the CAB
Forum process for approving Final Guidelines.
"Final Maintenance Guideline" is an errata to or amendment of an existing CAB
Forum Final Guideline.
4.1 Review of Draft Specifications.
Prior to the approval of a CAB Forum Draft Guideline as a CAB Forum Final
Guideline or Final Maintenance Guideline there shall be a review period during
which Participants may exclude certain Essential Claims from CAB Forum RF
Licenses. The CAB Forum Chair shall initiate the Review Period by distributing
to each CAB Forum Participant a notice of review period and a complete draft of
the Draft Guideline that is the subject of such notice ("Review Notice").
Each Participant on behalf of itself and its Affiliates shall have sixty (60)
days following the date of the receipt of such Review Notice ("Review Period")
to review such Draft Guideline and consider any licensing obligations with
respect to any Essential Claims that may be encompassed by such Draft
Guideline. The approval of a CAB Forum Final Maintenance Guideline shall follow
the same process except that the Review Period shall be thirty (30) days.
>From the Bylaws:
2.4 Requirements for Draft Guideline Ballots
This section applies to any ballot that proposes a Final Guideline or a Final
Maintenance Guideline (a "Draft Guideline Ballot"), all as defined under the
Forum's IPR Policy. Draft Guideline Ballots must comply with the following
rules in addition to the requirements set forth in Section 2.3 above.
(a) A Draft Guideline Ballot will clearly indicate whether it is proposing a
Final Guideline or a Final Maintenance Guideline. (d) The Forum (via the
Chair) will tabulate and announce the results within 3 business days of the
close of the initial voting period (the "Initial Vote"). If the Draft
Guidelines Ballot does not pass the Initial Vote, the ballot will stop. If the
Draft Guideline Ballot is proposing a Final Guideline, such ballot will include
the full text of the Draft Guideline intended to become a Final Guideline. If
the Draft Guideline Ballot is proposing a Final Maintenance Guideline, such
ballot will include ***
(e) If a Draft Guideline Ballot passes the Initial Vote, the Chair shall
initiate, no later than the 3rd business day after the announcement of the
Initial Vote results, the Review Period of 30 or 60 days, as applicable and as
described in Section 4.1 of the IPR Policy. The Chair will initiate the Review
Period by sending the Review Notice to both the Member Mail List and the Public
Mail List. The Review Notice will clearly specify the open and close dates and
times (with time zone) of the Review Period. If the Chair does not initiate
the Review Period within 5 business days after the announcement of the Initial
Vote results, the Vice Chair may initiate the Review Period, using the same
process as the Chair would have been required to use.
(f) The Review Period will continue to the end of the 30- or 60-day period, as
applicable, regardless of the number of Exclusion Notices filed pursuant to the
IPR Policy during such period, if any. No later than 3 business days after the
conclusion of the applicable Review Period, the Chair will distribute any
Exclusion Notices submitted in accordance with Section 4.2 of the IPR Policy
via the Public Mail List; provided, however, that the Chair may distribute such
Exclusion Notices earlier. ***
h) If no Exclusion Notices are filed during the Review Period with respect to
a Draft Guideline Ballot, then the results of the Initial Vote are
automatically deemed to be final and approved, and Draft Guidelines then become
either Final Guidelines or Final Maintenance Guidelines, as designated in the
Draft Guidelines Ballot. The Chair will notify both the Member Mail List and
the Public Mail List of the final approval within 3 business days, as well as
update the Public Website of Final Guidelines and Final Maintenance Guidelines
within 10 business days of the close of the Review Period.
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