[cabfpub] Question on form of Review Notices

[Ryan Sleevi]

Hi Kirk,

This was a subject of great discussion during the proposed adoption of the
bylaws ballot on this point. This was a significant concern for Google, and
why we had concerns with the proposed approach.

I don't want to misrepresent Virginia's interpretation, but my (perhaps
incomplete) understanding was that the process is as follows:
- Ballots are circulated in "draft" form (e.g. do not require a full and
complete document)
- Ballots are adopted in said form
- Once a Ballot has completed voting, it is integrated into the full
document
- The full document is then circulated for review

Our adopted bylaws approach allows for every ballot to be sequentially
voted on and completed, so there's always a 'canonical' document of truth,
and changes are incorporated in that order.

If two ballots are adopted at an identical time, then it's suitable to
circulate a single full document that serves as the Notice of Review Period
for both ballots.

Virginia,

Did I get that correct? I seem to recall an alternative suggestion that the
circulation is equivalent to what was presented in the ballot (e.g. partial
document, not full document), but I cannot recall if you support or oppose
that.


On Thu, Mar 23, 2017 at 11:30 AM, Kirk Hall via Public <public at cabforum.org>
wrote:

> We are starting to send more Review Notices now after completion of
> Ballots.  The relevant provisions of our IPR Agreement are shown below.
>
>
>
> Here is my question – what form of the successful Ballot should I include
> in the Review Notice?  Should I attach (1) the final language of the Ballot
> AS AMENDED, or (2) the language of the Ballot in the “show changes” mode
> (the way it was in the original ballot).  IPR Agreement 4.1 says the Review
> Notice must include “a complete draft of the Draft Guideline that is the
> subject of such notice” – is that the language as adopted, versus the new
> language in “show changes” mode.
>
>
>
> I just sent out the Review Notice for Ballot 193 and it included the new
> language in “show changes” mode?
>
>
>
> *IPR Agreement 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.
>
>
>
> d. *“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.
>
>
>
> Our revised Bylaws say the following:
>
>
>
> *Bylaw 2.3 * *Requirements for Draft Guideline Ballots*
>
> (a) A Draft Guideline Ballot will clearly indicate whether it is proposing
> a Final Guideline or a Final Maintenance Guideline. 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 a*
>
> *redline or comparison showing the set of changes from the Final Guideline
> section(s) intended to become a Final Maintenance Guideline*, and need
> not include a copy of the full set of guidelines. ***
>
>
>
> (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.
>
> _______________________________________________
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>
>
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