[Federal Register Volume 66, Number 135 (Friday, July 13, 2001)]
[Notices]
[Page 36802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17502]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-455]


 In the Matter of Certain Network Interface Cards and Access 
Points for Use in Direct Sequence Spread Spectrum Wireless Local Area 
Networks and Products Containing Same; Notice of Decision to Affirm Two 
Initial Determinations Granting Intervention but Denying Respondent 
Status

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to adopt two initial determinations (``IDs'') 
(Orders Nos. 12 and 13) issued by the presiding administrative law 
judge (ALJ) in the above-captioned investigation, granting the motions 
of Intersil Corporation (``Intersil'') and Agere Systems, Inc. 
(``Agere''), respectively, to intervene, but denying the parties 
respondent status. The Commission has also issued an opinion clarifying 
its views on intervention.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3115. Copies of the 
ALJ's ID and all other nonconfidential documents filed in connection 
with this investigation are or will be available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-2000. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on April 9, 2001, based on a complaint filed by Proxim, Inc. 
(``Proxim'') against 14 entities other than Intersil or Agere. The 
notice of investigation was published in the Federal Register on April 
9, 2001. 66 FR 18507. The complaint alleges violations of section 337 
of the Tariff Act of 1930 in the importation into the United States, 
sale for importation, and/or sale within the United States after 
importation of certain wireless network interface cards and access 
points by reason of infringement of certain U.S. patents owned by 
Proxim. On April 16, 2001, Intersil and Agere each filed separate 
motions to intervene as respondents in the investigation.
    Proxim filed a response to Intersil's motion in which it opposed 
the intervention of Intersil as a respondent, but did not object if 
Intersil was permitted to become a party to the investigation as an 
intervenor. The Commission investigative attorney (``IA'') supported 
intervention of Intersil as an intervenor, but not as a respondent.
    Proxim and the IA did not oppose intervention of Agere. However, 
Proxim noted that Agere failed to state why it should be considered a 
respondent rather than an intervenor and, therefore, Proxim saw no 
reason to designate Agere as a respondent. The IA supported 
intervention of Agere as an intervenor, but opposed granting Agere 
respondent status.
    On May 8, 2001, and on May 15, 2001, the ALJ issued two IDs (Orders 
Nos. 12 and 13) allowing Intersil and Agere, respectively, to become 
intervenors in the present investigation, but denying Intersil and 
Agere respondent status. On May 18, 2001, Intersil filed a petition for 
review of Order No. 12. No party petitioned for review of Order No.13. 
On June 15, 2001, the Commission determined to review both IDs because 
they affected Commission policy.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.45 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.45).

    Issued: July 9, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-17502 Filed 7-12-01; 8:45 am]
BILLING CODE 7020-02-P