Universal service order; protective order for non-rural local exchange carriers--FCC. Policy statement

This protective order for non-rural local exchange carriers (LECs) is intended to facilitate and expedite review of documents containing trade secrets and commercial or financial information submitted by a person or entity that are either privileged or confidential. It reflects the manner in which "Confidential Information," as that term is defined herein, is to be treated in the universal service proceeding to select a mechanism to determine high cost support. The Order is not intended to constitute a resolution of the merits concerning whether any Confidential Information would be released publicly by the Commission upon a proper request.     

Federal universal service support mechanisms--FCC. Proposed rule; request for comments

In this document, the Commission seeks comment on the Report and Proposed Plan of Reorganization (Plan) filed on July 1, 1998 by the Universal Service Administrative Company (USAC), the Schools and Libraries Corporation (SLC), and the Rural Health Care Corporation (RHCC). The Plan proposes a revised adminstrative structure of the federal universal service support mechanisms. RHCC filed a Separate Statement of the Rural Health Care Corporation and Request for Three Changes in the Plan, dissenting from certain provisions of the proposed Plan. In this document, the Commission also seeks comment on other issues regarding the administration of the federal universal service support mechanisms, including processes for Commission review of actions by USAC, SLC, and RHCC.     

Operator service access and pay telephone compensation rules--FCC. Final rule

In its Memorandum Opinion and Order on Reconsideration, the Commission affirms certain aspects of the Second Report and Order and makes a number of modifications. First, the Commission affirms its holding that interexchange carriers (IXCs) must pay competitive payphone owners (PPOs) compensation in the amount of $6 per month per payphone. Second, the Commission modifies the Second Report and Order to allow IXCs to avoid the obligation to pay compensation if they do not receive access code calls from payphones to which they are not presubscribed. Third, the Commission affirms its decision to use to toll revenue standard for apportioning compensation among those IXCs required to pay. Fourth, the Commission clarifies in a number of respects its requirements pertaining to the customer-owned coin-operated telephone (COCOT) lists provided by local exchange carriers (LECs) to IXCs. In addition, the Commission denies Allnet's Application for Review of a decision by the Common Carrier Bureau relating to the list of IXCs required to pay compensation. The Commission's Memorandum Report and Order on Reconsideration ensures that PPOs receive fair compensation for the service they provide in originating interstate access code calls from their payphones.     

Other people's money: a reply to the Joint Commission

In a response to Professor Liang's earlier article expressing concern regarding the Joint Commission's Sentinel Event Policy ("SEP"), the General Counsel of the Joint Commission disagreed with the criticisms of the SEP. In this Comment, Professor Liang replies to the Commission's position, indicates that resources devoted to legal issues created by the SEP are not available for patient safety, and that the goal of patient safety may be better served by focusing on near misses rather than sentinel events. Finally, he concludes that the Joint Commission and its critics have the same ultimate goal, and that a cooperative approach which includes federal legislation to protect safety information is essential.     

The sentinel event policy: a response by the Joint Commission

In this Comment, Harold Bressler, General Counsel of the Joint Commission on Accreditation of Healthcare Organizations responds to an earlier article, and states that the Commission is fully aware of and concerned with the possible discoverability of hospital incident analyses related to the Commission's Sentinel Event Policy. The Commission believes that precautions can be taken to minimize the possibility that such materials will be found discoverable, but maintains its position that federal legislation is required to ensure the availability of adequate protections.     

THE MANPOWER CRISIS IN THE JUVENILE COURT

The Joint Commission on Correctional Manpower and Training, strongly supported by state governors and with wide bipartisan backing in Congress, is the first attempt at a unified national approach to the increasingly serious problem of correctional rehabilitation. It has undertaken a far-ranging threeyear study which will lead to a series of action programs and legislative recommendations on federal, state and local levels. Our National Council is a member. The author is our representative on the Commission.     

Amendment of the Commission's rules and establishment of a joint board--Federal Communications Commission. Decision and order amending separations manual

The Commission is adopting the Joint Board's recommendation with minor changes in order to allow interested states to proceed with plans for the sale of customer-premises equipment (CPE) prior to the previously adopted cap date of January 1, 1983. This will facilitate the Commission goal of a competitive market for CPE set out in the Second Computer Inquiry.     

Deregulation of mobile customer premises equipment--FCC. Proposed rule

In this Notice, the Commission proposes to deregulate all mobile telephone customer premises equipment (CPE). In the Second Computer Inquiry, the Commission directed common carriers to offer CPE on a nontariffed basis separate from their transmission offerings. However, the Commission expressly excluded mobile CPE from the scope of its decision. In this proceeding, the Commission will consider whether to conform the treatment of mobile CPE with its treatment of all other CPE.     

Hearing aid-compatible mobile handsets, petition of American National Standards Committee C63 (EMC) ANSO ASC C63 (TM). Final rule

The Federal Communications Commission (Commission) adopts various proposals to amend its hearing aid compatibility policies and requirements pertaining to wireless services, including modifications and other requirements along the framework proposed in a consensus plan (Joint Consensus Plan) developed jointly by industry and representatives for the deaf and hard of hearing community. The Commission anticipates that these rule changes, taken together and largely supported by manufacturers, service providers, and consumers with hearing loss, will meet statutory obligations to ensure reasonable access to telephone service by persons with impaired hearing. These requirements are intended to benefit wireless users in the deaf and hard of hearing community, including the most disadvantaged who are more likely to rely on telecoil-equipped hearing aids, as well as to ensure that these consumers have a variety of handsets available to them, including handsets with innovative features.     

Psychiatric screening of civil service candidates with particular reference to police applicants.

This prelimary report has reviewed the activities of a Medical Review Board for a Civil Service Commission. The responsibility of the Board is to review conflicting data in cases where the hiring authority has attempted to exclude a candidate, particularly a police candidate, on the grounds that the applicant is mentally unfit to perform the duties of the position. This rule has been applied primarily to police applicants, secondarily to fireman applicants, and rarely to other. Psychiatrists who participate must be aware of the underlying conflicts within civil service systems, the possibility of manipulation, and the rigidity of the system which is designed to protect the greatest number. Civil service systems have limited discretion on personnel policies. Therefore, psychiatrists must be careful not to act as arbiters for social institutions without a sound and meticulous basis for their participation. For those psychiatrists who participate in the process, the urgent need to do so in accord with professional standards is stressed, recognizing that standards change and that the nature of participation will be scrutinized by many in society outside the profession.     

Exemption of certain research and demonstration projects from regulations for protection of human research subjects--Office of the Secretary, HHS. Final rule

The Department of Health and Human Services (the Department or HHS) is including among the types of research specifically exempt from the application of the regulatory requirements of 45 CFR Part 46 (protection of human research subjects) research and demonstration projects conducted under the Social Security Act and other federal statutory authority and designed to study certain public benefit or service programs, the procedures for obtaining benefits or services under those programs, and possible changes or alternatives to those programs or procedures, including changes in methods or levels of payment. These demonstration and service projects are already subject to procedures which provide for extensive review by high level officials in various program administration offices. Review by an Institutional Review Board (IRB), as required under Part 46, would be duplicative and burdensome to state and local agencies and to other entities participating in demonstration projects. Removal of this unnecessary layer of review will not only reduce the cost of the projects but help to avoid unnecessary delays in project implementation. However, in order to ensure the continued protection of human subjects participating in such research activity, the Department is adding a specific requirement of written, informed consent in any instance, not reviewed by an IRB, in which the Secretary determines that the research activity presents a danger to the physical, mental or emotional well-being of a participant.     

THE FUTURE OF THE JUVENILE COURT: Implications for Correctional Manpower and Training

The following is an excerpt from a paper prepared for the Joint Commission on Correctional Manpower and Training. This consultants' paper dealing with the area of the Juvenile Court is the first of its type to be published by the Commission. Chapter VI has to do with “DISPOSITIONAL ALTERNATIVES”.     

Panel recommends significant changes to federal law against discrimination

In a report released on 23 June 2000, the Review Panel tasked by the federal Minister of Justice with reviewing the Canadian Human Rights Act made some welcome recommendations for improving the Act and the way the Canadian Human Rights Commission functions. Three are of particular significance: the recommendation that "social condition" be added to the prohibited grounds for discrimination listed in the Act; the recommendation that the Canadian Human Rights Commission should have, under its governing legislation, the duty to monitor and report to Parliament and the UN Human Rights Committee on the federal government's compliance with international human rights treaties regarding economic, social, and cultural rights; and the recommendation that "gender identity" should be expressly added to the Act as a prohibited ground of discrimination.     

Precedent, Parity, and Racial Discrimination: A Federal/State Comparison of the Impact of Brown v. Board of Education

Questions regarding Brown v. Board of Education 's short-term effect remain unanswered, particularly its comparative impact on federal district courts and state supreme courts. We test this through an analysis of racial discrimination cases in those venues in the twenty-year period bifurcated by the decision in May 1954. Our findings suggest that while federal district courts and state courts were similarly unresponsive to discrimination claims before that date, Brown exerted a significant impact on district court decisions but had little influence at the state level. Furthermore, a third pattern was found in federal appellate courts, where discrimination claims had a high likelihood of pro-minority decisions even before the Supreme Court directive.     

Structural contradictions and the United States Sentencing Commission

This research is a case study of criminal justice policy formation involving the development of federal sentencing guidelines for business organizations by the United States Sentencing Commission. It describes the decision-making process of the Commission and the influence of other groups and individuals on the process, and recounts their actions within the framework of structural contradictions theory. In the case of the federal sentencing guidelines, it is demonstrated that representatives of business opposed any legislation that was meant to limit the power of corporations or sanction the actions of their representatives, and therefore placed pressure on members of the Commission to eliminate or minimize such sanctions. The study confirms that the state, in an effort to foster the continued capital accumulation necessary for a healthy economy, acknowledged capitalist provisos and at least partially submitted to them during the development of the guidelines. This revised version was published online in July 2006 with corrections to the Cover Date.     

Revalidating the salient factor score: A research note

In conjunction with a system of explicit decision-guidelines, the United States Parole Commission uses an actuarial instrument as an aid in assessing risk of recidivism. Known as a “salient factor score,” the instrument currently employed by the Parole Commission was constructed on a sample of federal prisoners released in 1970, and initially validated on two samples of federal prisoners released in 1971 and 1972. Since the power of any predictive instrument may change over time, periodic revalidation is essential. In this note, revalidation of the salient factor score, using a sample of federal prisoners released in 1976 (N = 1260), is described.     

The Content Analysis of the Russian Federal and Regional Basic Legislation on the Cultural Policy

The content-analysis of the Russian federal and regional basic legislation on the cultural policy has indicated a need in a deep revision of all existing regulatory legal acts, which support the state cultural policy implementation towards building a universal terminology and vesting the functions on the cultural policy implementation in the government as opposed to the statement of the departmental specific approach to the culture.     

Minimum guidelines and requirements for accessible design--Architectural and Transportation Barriers Compliance Board. Proposed rule

The Architectural and Transportation Barriers Compliance Board proposes to rescind the minimum guidelines and requirements for standards for accessibility and usability of federal and federally-funded buildings and facilities by physically handicapped persons, adopted on January 6, 1981. The Board seeks public comments on which parts of the January 6 rule should be retained, which parts should be deleted, and which should be modified to formulate alternative ways for the Board to carry out its responsibility to establish such guidelines and requirements.     

Operator service access and pay telephone compensation--Federal Communications Commission. Final rule; order on reconsideration

Five petitions for reconsideration or clarification were filed regarding Policies and Rules Concerning Operator Service Access and Pay Telephone Compensation, CC Docket No. 91-35: Report and Order and Further Notice of Proposed Rule Making, 6 FCC Rcd 4736, 56 FR 40,793 (1991) (hereinafter Report and Order), in which the Commission adopted policies and rules concerning consumer access to operator service providers (OSPs) and compensation for competitive public payphone owners for calls not utilizing their presubscribed OSPs. In response to the petitions, the Commission adopted an Order on Reconsideration (hereinafter Order) in which it reaffirmed that: (1) Call aggregators must allow consumers to use equal access ("10XXX") codes according to the schedule described in the original Report and Order, with certain clarifications; (2) all OSPs, except those exempted in the Order, must establish an 800 or 950 access number within six months of the effective date of the previously adopted rules; and (3) calls initiated with an 800 number that does not serve as an OSP's access code are not within the scope of the statutory provision that required the Commission to consider payphone compensation. In addition, the Commission granted the request to order local exchange carriers (LECs) to offer blocking and screening services designed to control potentially fraudulent 10XXX calling. The Commission deferred certain unblocking deadlines pending the deployment of the required LEC services.     

THE SOCIAL CONTEXT OF GUIDELINES CIRCUMVENTION: THE CASE OF FEDERAL DISTRICT COURTS*

Recent scholarship on criminal punishments increasingly highlights the importance of courtroom social contexts. Combining recent data from the U.S. Sentencing Commission (FY1997–2000) with aggregate data on federal districts, the current study examines interdistrict variations in the application of downward departures from the federal sentencing guidelines. Findings indicate that substantial variation exists in the probability of both prosecutor‐initiated substantial assistance departures and judge‐initiated downward departures. This variation is accounted for, in part, by organizational court contexts, such as caseload pressures, and by environmental considerations, such as the racial composition of the district. Additional evidence suggests that individual trial penalties and race disparities are conditioned by aggregate court contexts. Drawing on interviews with federal justice personnel, this article concludes with a discussion of future directions for research on federal guidelines departures. Part of the glory of the federal system…is that you've got this one big organization, but it can be molded to different needs…
‐ An assistant U.S. attorney ‐