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Old 04-05-2007, 02:08 AM
     
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mrailing
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Terminate i760 Short Term Confidentiality; Complain to FCC!

UPDATE: Post #18 includes my letter to the FCC about both the i760, as well as the Apple iPhone. Also post #19 includes the DA 04-1705 document from the FCC that all of this is in regards to. KBAM has provided great help in the research and the original letter...



Also digg this:

Digg - Forum works to terminate FCC confidentiality of Samsung i760 and iPhone


Instructions on what is going on (in progress, my terminology might be incorrect and some of my thoughts might be as well. I am typing this at 4 AM, and only going on memory...)

1. Why are we doing this - I had an hour long conversation on the phone with KBAM to discuss this process and see what's going on. We are both in agreement as to why we are doing this. It shouldn't be right for a company (ANY COMPANY) to request FCC Short Term Confidentiality of certain document, for devices that have already been publicly revealed. We are NOT doing this to gain access to more information, although that will be a benefit of this, but it is to show the FCC, people at pdaphonehome.com, and the internet community that companies can't/shouldn't request to block this short term information on devices they have already made public, and abuse a privilege the FCC has provided for those companies.

2. Why we think Samsung is in the wrong to request FCC Short Term Confidentiality - Since January 2007, the Samsung SCH-i760 has been made public on numerous occasions and been presented to the press at many different functions. This constitutes marketing activity, and this activity is what the FCC says will remove the privacy block on the short term confidentiality.

3. Samsung already is in the wrong - KBAM brought up an interesting point in our phone conversation. Samsung specifically request 180 days of privacy for the short term documents, when the FCC documents specifically state that a 45 day request can be requested and that up to 180 days of 45 day requests be given. So already Samsung shouldn't be allowed a privacy block.

4. How can I help - As of right now, I see this being a three part process.

Part One, we would like to know as much information and background on the "release" of the Samsung SCH-i760. This includes "public" access to the i760, press releases from Samsung and it's companies, and any other "public" information on it as possible. What we don't want is information about "tips", "spied images", and the like, as this isn't public information. Information from underground sources to Engadget are not something that is public, but articles written by Engadget (and other blog sites) at public trade shows, press junkets, etc. is exactly what we want. So please keep that in mind.

Part Two, after we have compiled this information, we will be composing a Letter to send to the FCC either by Snail-Mail, FAX, e-mail, or all of the above. We will need help in composing a "well-written" letter stating our case, as well as help in making sure we follow all of the FCC guidelines for doing so, and for "why" we are writing the letter, making sure that Samsung "HAS" violated their policies.

Part Three, once this has been finished we will be providing you with the information you need to help us "present" this to the FCC and let them know of our disappointment in Samsung for doing this.
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For the time being, please only post the information we request, and relevant information, as anything else will be deleted. We need to compile the background information on the Samsung intended "publicity" (meaning information that Samsung was apart of marketing) of the SCH-i760, as well as the FCC guidelines as presented in this quote from KBAM:

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This is a quote of KBAM'S POST from the i760 Rumor/Release Thread:

Quote:
Originally Posted by KBAM
Well, we seem to have "Community Mo" on Samsung's (and perhaps, HTC's) alleged breach of FCC policy regarding post-authorization, Short-Term Confidentiality.

To review, a "Grantee" (normally, the device manufacturer), may apply for 45-day FCC confidentiality that protects, from the date of authorization, certain filing documents from early public disclosure. This period can be extended three times, for a total of up to 180 days. FCC privacy protection ends upon the earlier of 1) commencement of public "marketing activity," or 2) release.

While the phrase "marketing activity" is somewhat vague, we believe Samsung has crossed the line--and should forfeit its claim on confidentiality. But to terminate protection, we must make a demand.

What's most useful that's at stake is the i760/WM6 User Manual--probably about 200 pages in length (.pdf). Its value speaks for itself. Without termination of confidentiality, this tool won't likely be accessible for two months. In "wireless years," two months is, well, a lifetime...

Calling Samsung's (VZW's) bluff is a worthy adventure--not so much because we have a shot at disgorging info unreasonably withheld from the community, but because forums need to exercise their inherent ability to 'persuade'. At the root of forum power is critical mass and, in general, it's terribly underutilized.

Think about it. How many times have wireless forums taken effective, collective action over, say, the past five years? Very, very few.

In particular, the FCC's liberal, recent-era confidentiality policy is widely abused by manufacturers. It costs too little ($155 for up to 180 days!) to obtain, is almost a given for each and every approved device, serves no useful purpose, is unjustified and unwarranted in most, if not all, cases, protects carriers, is anti-competitive, and insults, compromises and harms subscribers. Time to bust the bubble?

OK, so let's get it together over the next day or so. Here's a plan:

1) We'll start with the Samsung SCH-760, FCC ID A3LSCHi760, approved 03/30/07.

2) I will dig up and post the FCC docs and links that allow us to cite the violation and request termination of the i760's Short-Term Confidentiality protection.

3) I will draft a template letter and supply the proper FCC email address to which any member can send a complaint. Although it could be dispatched as an online petition, we'll defer the petition concept and roll out this one as individual complaints. All are urged to participate by sending an email to the FCC. Heed the guidelines, but modify the message as you wish.

4) We'll need to assemble "EVIDENCE." Here, the mission is to produce a collection of links to convincing examples of public "marketing activities" that, taken together, establish the Samsung SCH-i760 as not qualifying for Short-Term Confidentiality.

The list of "Exhibits" must be limited to Samsung-sanctioned items. Examples of what works are trade shows (e.g., CES, CTIA, CBiT, regional events, etc.), Samsung Experience, press releases, A/V material, exec interviews, spokesperson quotes, ads, VZW slides and disclosures, and the like. What WON'T FLY are spycam shots, most Engadget-like intelligence, unsubstantiated leaks, rumors, rants, noise, and anecdotal, unofficial or hearsay submissions.

How many links do we need? Six solid examples of public marketing episodes should do it. All can cite the same examples, or add others.

5) Recommend mrailing create a thread called, say, "Terminate i760 Confidentiality; Complain to FCC!"

This post can inaugurate the thread, along with my follow-ups, your replies and, most importantly, EVIDENCE.

THE COMMUNITY MUST SUPPLY, AS REPLIES, THE EVIDENCE LINKS.

We'll sort through 'em and identify those that have traction.

If we can prevail with this challenge, we may be on the way to closing the curtain on the unwelcome era of "permissive," abusive, confidentiality. As always, transparency rules.

If this plan is agreeable, let's rock!
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In the next few posts we will have:

1. A checklist of all the items we need and their progress (currently being made)
2. A compilation of all links for the information and pictures (I will compile based upon your posts)
3. KBAM's Letter to the FCC (will be a work in progress)
4. Information on how, what, where, and when to submit information to the FCC. (detailed instructions so you can easily help us)
5. Now we just need your information on this topic....

Last edited by mrailing : 05-20-2007 at 12:44 AM.
 
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