WHY Y2K?: CHALLENGES FOR THE COMMUNICATIONS INDUSTRY

Michael K. Powell*

I. INTRODUCTION nology. Technology is evolving at a blinding rate and appears hell-bent to change every facet of our The imminent approach of the new millen- lives.3 It undoubtedly will, and the potential for nium is triggering much speculation about what that is exciting. our collective future holds. Much of the specula- Consider, tion stems from the fact that we, as a nation and a for example, the accelerating perva- global community, have experienced a very siveness and transparency of technology, from mainframes profound change in our daily lives over a rela- to personal computers to powerful tively short period of time. In fact, on the heels of software applications and embedded the 1900s-a century of unparalleled growth and microprocessors, without which there would be advancement in technology, medicine, democ- none of the innovative services and products that racy, and diplomacy, punctuated with sporadic many of us take for granted. Also consider that episodes of war and decline-there is a palpable the typical American household now has more sense of heightened wonderment and anxiety computer processing power than the entire Mas- about what we can expect from the next century, sachusetts Institute of Technology (one of the the benefits and forward-progress we will enjoy, U.S. educational institutions that pioneered com- the responsibilities and duties we will shoulder, puter and information sciences) did twenty years .4 and the perils we must avoid or overcome. ago The twentieth century will certainly be Engineers and technologists are creating ma- remembered as a period of recorded history that chines every day that are smarter, faster and in- was nearly unrivaled and was, at once, "inspiring, creasingly untethered, while their software design at times horrifying, always fascinating."' As we ap- and programming counterparts are creating more proach the conclusion of the millennium, we find powerful and automated applications and systems. ourselves standing at the leading edge of a new, The future of computerization, as a consequence, wondrous and transforming economic moment will be characterized by powerful software applica- (the so-called Digital Information Age), equal in tions and tiny embedded microprocessors burrow- its importance to that of the agricultural and in- ing themselves into our daily lives. These ma- dustrial revolutions. In the words of Alvin Toffler, chines and systems (no longer clumsy and we are now riding the "Third Wave." 2 This eco- intrusive like personal computers) will be invisible nomic revolution, similar to those that preceded to the human eye and will be tremendously auton- it, is being fueled by dramatic advances in tech- omous and intelligent. They will mimic and ac-

* Michael K. Powell is a Commissioner on the Federal microprocessor innovation. See Kevin Werbach, OPP Work- Communications Commission and the agency's ing Paper No. 29, Digital Tornado: The Internet and Tele- representative on the President's Council on Year 2000 communications Policy, at 6 (1997); see also Rich Karlgaard, Conversion. This article was completed with the invaluable Manager'sJournal: Digital Warriors Want Baby Bells' Blood, WALL assistance of Paul A. Jackson, Special Assistant to the STREET JOURNAL, Dec. 8, 1997, at A24 (comparing the fact Commissioner. that the "first microprocessor, the Intel 4004, could crunch I See Walter Isaacson, Our Century ... And The Next One, about 400 instructions a second" to the fact the current-gen- TIME, Apr. 13, 1998, at 70. eration Digital Alpha processor "can tick off some one billion 2 See Alvin Toffier, THE TitmD WAVE 1 (1991). instructions a second"). 3 Moore's Law, which holds that the maximum process- 4 See Remarks Of President Williamj Clinton Concerning The ing power of a microchip, at a given price, doubles roughly Year 2000 Conversion (visited July 14, 1998) . COMMLAW CONSPECTUS [Vol. 7 cess all of our senses, making the human-com- tomated and intelligent systems and components puter experience of the future radically different such as computers and software. They also reveal from today's. Ultimately, technology will allow us our collective vulnerability. Fewer individuals will to evolve from using just our touch to manipulate be cognizant of the existence of these intelligent the keyboard and our sight to interact with the and automated systems and applications. Fewer monitor to the use of all our five senses.5 The individuals will know how to repair them, and still possibilities are vast, only limited by physical time fewer individuals will really understand their in- (i.e., the speed of light) and biological time (i.e., ner-workings. The Nation and the global commu- 6 the span of life). nity would be well-advised to be vigilant in ensur- Through the use of advanced technology ing that there is increased reliability, flexibility (namely telecommunications and information and fault-tolerance built into future technology services), we are also shrinking the world. Tech- platforms. nology has opened, and will continue to open, various industries-communications, data and in- II. THE FIRST GLIMPSE OF THE FUTURE: formation services, entertainment, software, elec- THE YEAR 2000 PROBLEM tronics, and financial services-to new global con- sumption, trade and investment. Ultimately, The first taste of the anxiety and difficulty (e.g., technology will contribute to the complete inter- technical, economic, regulatory and legal) that we connectedness of the entire global community. can expect from our growing dependence on But, as with all things, there is another side to technology is most assuredly the Year 2000 Prob- progress. New technology will also unveil novel lem. It is one of the most pressing issues currently and unintended problems and adverse effects. facing our Nation and the world today. In recent There are many anecdotes of the "not-so-pretty" months, public attention has been drawn to the side of technology: some are technical in nature, effects that the Year 2000 Problem will have on some are economic and legal, and some are cul- unprepared computers, automated and intelli- tural and social. For example, in the technical gent systems, and microprocessor-controlled ma- category, it is important to remember there is chines that are used virtually in all industries of probably not a single software application in use the global economy. There are wildly differing or on the market today that is without defects or scenarios, ranging from "business-as-usual" to "bugs." Many of these defects may never reveal apocalyptic, that suggest that there is much about their presence but assuredly many will. On the the Year 2000 Problem that is hard to predict.8 continuum of severity, there are the trivial, minor What is known, however, is that thousands of leg- nuisances associated with a popular spreadsheet acy networks, systems and applications exist that or operating system application and the poten- were not designed to account for the millennial tially catastrophic effects of the impending Unix date change on January 1, 2000. As a conse- 7 and crises. quence, the Year 2000 Problem, if not addressed These unintended problems and adverse effects properly, could affect various important sectors of amply highlight our growing dependence on au- the domestic and global economy, including en-

5 See Neil Gross, Into The Wild Frontier, Bus. WK., June 23, Neil Munro, The Big Glitch, NATIONALJOURNAL, June 20, 1998, 1997, at 72 (in the future, computers will "respond to our at 1422; Douglas Stanglin & Shaheena Ahmad, Year 2000 voices and extend our senses."). Time Bomb, U.S. NEWS & WORLD REPORT, June 8, 1998, at 45; 6 See George Gilder, Regulating The Telecosm, CATO Policy Rajiv Chandrasekaran, Double-Zero Hour Looms For Historic Re- Report, Sept./Oct. 1997, at 1. pair job, WASH. Posr, Aug. 2, 1998, at Al. Compare Chris 7 See Capers Jones, Bad Days For Software, IEEE Spectrum, O'Malley, Not, TIME, June 15, 1998, at 62 ("while Sept. 1998, at 47 (providing examples of related imminent there are more than a few fatalists ... most of the folks re- date change and computer programming problems). sponsible for fixing the nation's electronic infrastructure ac- 8 The on-going dialogue about the Year 2000 Problem tually think we're going to make it into the next millennium and its potential impact, and the sizable collection of written with only minor, if any, disruptions of vital services") (empha- commentary on the issue, suggest that no one-layman and sis added) with Edward Yardeni, Year 2000 Recession? (visited technologist alike-truly knows what will happen when the cal- Nov. 11, 1998) endar advances to January 1, 2000 from December 31, 1999. (self-described "alarmist" predicts "[i]f the disruptions are See, e.g., Frances Cairncross, Survey: The Millennium Bug, significant and widespread, then a global recession is possi- ECONOMIST, Sept. 19, 1998, at 1; Steven Levy & Katie Hafner, ble"). The Day The World Shuts Down, NEWSWEEK, June 2, 1997, at 53; 1999] Why Y2K? ergy, transportation, and financial and securities data storage,'' developed the convention of stor- services. ing calendar year dates using only the last two dig- The implications of the millennial date change its for the date year. Thus, the calendar year 1967 problem are especially significant for the commu- was represented as "67." As a consequence, com- nications industry. Hundreds of millions of users puterized systems and networks may erroneously of communications services throughout the coun- assume "00" to be "1900," not "2000," and thereby try transmit voice, data and video information not function properly in the year 2000. In some through a communications infrastructure com- cases, the hardware and software will continue to posed of the wireline telephone networks, cellular work, but they will generate and process spurious and personal communications system ("PCS") data that may not be detected for months or even networks, satellite constellations, broadcasting years. and cable systems, and the Internet. If you are curious how the truncating of calen- Many critical programs, such as Defense Depart- dar dates from four digits to two could potentially ment command and control, lead to unintended and unpredictable conse- electronic fund transfers, and Medicare benefit quences on January 1, 2000, think of the problem payments, also depend upon this ubiquitous infra- in practical terms. The ability to process employee structure and, consequently, could be seriously af- benefits, calculate financial interest, monitor fected if the Year 2000 Problem interrupts tele- bank loans, and many other important activities phone and data networking services. Senator depend upon the ability of computers and Robert F. Bennett, Chairman of the Senate Spe- software applications to determine elapsed time cial Committee on the Year 2000 Technology by taking a "start date" and subtracting it from an "end Problem, was right on the mark when he labeled date." For example, a typical corporate the "global [ ]communications infrastructure ... human resources department has relatively so- the central nervous system of modern society."9 phisticated computer hardware and software to record and calculate a variety of date-sensitive data, including length of company service, as well III. OVERVIEW OF THE YEAR 2000 as period-in-time to accession, promotion, or ter- PROBLEM mination. On January 1, 1999, when the com- puter calculates the company service of an em- Simply stated, the Year 2000 Problem 0 is the who started with Company X on January 1, inability of unprepared computers and other re- ployee 1967, the computer subtracts "67" from "99" and lated automated and intelligent systems to process - 67 the millennial date change that will occur on Jan- outputs "32" years of company service (e.g., 99 = 32). On January 1, 2000, when the recalculates uary 1, 2000. In the 1950s and 1960s, computer the employee's company service it outputs incor- designers and programmers, in order to reduce the need for expensive computer memory and

9 See HearingBefore The Senate Special Committee On The Year I I The genesis of the Year 2000 Problem can be attrib- 2000 Technology Problem, 105th Cong., 2d Sess. (July 31, 1998) uted to the legitimate concerns and deliberations about the (opening remarks of Senator Robert F. Bennett, Chairman, costs and space requirements associated with computer mem- Senate Special Committee on the Year 2000 Technology ory. See, e.g., Richard Comerford & Tekla S. Perry, Brooding Problem). On The Year 2000, IEEE Spectrum,June 1998, at 71-72; Cairn- 10 Other terms used are the "Millennium Bug" and the cross, supra note 8. Corporate executives, information tech- "Y2K Problem." Moreover, the millennial date change issue nologists, and others found it necessary to think of their nas- is often referred to as the "Century Date Change Problem" cent automated and intelligent systems-very often, huge because several other important dates, prior to and following assemblies of cabinets filled with vacuum tubes, and later the rollover to January 1, 2000, can potentially affect the un- magnetic cores, for main memory-in the practical terms of prepared electronic infrastructure. For example, September computer-storage requirements, financial costs and limita- 9, 1999-or 9/9/99-is important date because the string of tion of physical space. Id. The two-digit calendar year con- four 9s is often used by computer designers and program- vention has been lambasted as "penny-wise and pound-fool- mers as a termination code to close or shut down applica- ish" but in reality the solution allowed designers and tions. Another important example is February 2000, which programmers to save valuable money and space. In its Sep- contains a leap year day (i.e., one additional day that Febru- tember 19, 1998 survey of the Year 2000 Problem, the Econo- ary 1900 did not possess) that automated and intelligent sys- mist magazine noted the "cost of one megabyte of magnetic tems may not be able to process correctly. There are over 12 disk storage (enough for a solid novel) in 1965 was $762, different computer date change issues that are implicated by compared with 75 cents today and perhaps 34 cents in 2000." the millennial date rollover. Cairncross, supra note 8. COMMLAW CONSPECTUS [Vol. 7 rectly "-67" years (e.g., 00 - 67 = -67). 12 This erro- IV. WHAT IS THE IMPACT OF THE YEAR neous output might crash the computer system or 2000 PROBLEM? merely result in inaccurate data. While many designers and programmers real- Fixing embedded networks, systems and appli- ized thirty or forty years ago that the two-digit cal- cations requires computer designers and pro- endar year convention would not work for years grammers to go line-by-line through billions of after 1999, they assumed that the computer appli- lines of code to correct the way the software calcu- cations they were developing would be obsolete lates dates. In many cases, microprocessors need and replaced long before the Year 2000 Problem to be replaced. Both types of remediation efforts became apparent or serious. 13 Unfortunately require the dedication of a tremendous number much of the mission-critical software that compa- of knowledgeable expert personnel 15 and the allo- nies and individuals rely upon still uses this con- cation of significant financial resources.1 6 The vention. technical solutions are without a doubt available Another area of concern-and one that most or, at a minimum, implementable. However, the government departments and agencies and pri- time-consuming, resource-intensive nature of the vate industry recognize as equally problematic domestic and global Year 2000-readiness effort de- and dangerous-is the microprocessor problem. mands, in light of the immovable deadline, a flexi- The Year 2000 Problem may affect thousands of ble, efficient and effective solution comparable in microprocessor-controlled systems and machines some respects only to a nation preparing for war. (which make use of billions of microprocessors, The Year 2000 Problem thus begs the question, or so-called computer "microchips").' 4 These "What might happen on January 1, 2000, if there microchips, which are the hardware equivalent of is not a concerted, effective and comprehensive unprepared computer software, are hardwired attack directed to remediate various embedded into all types of machines and equipment that are legacy networks, systems and applications?" Tech- used daily throughout the world. From a con- nologists and computer experts reveal that it is sumer's perspective, microchips are used in the impossible to predict with any level of confidence toaster oven, the video cassette recorder, the car what types of disruptions and failures that Year engine, and many other appliances. Relatedly, in 2000-incidents would precipitate. However, this critical industry sectors and infrastructures, problem has already cropped up resulting in tell- 17 microchips are used in environmental and cli- ing serious malfunctions and disruptions. mate systems, command and control systems, Consider the following situations that have re- power distribution systems and communications cently occurred. Banks have had to correct loan systems. processing software that could not calculate ten-

12 The foregoing is only a hypothetical example of the nancial impact of the Year 2000 Problem. The Gartner potential unintended effect of the Year 2000 Problem and is Group's frequently cited estimate puts the total price tag at in no way a definitive example. approximately $300 billion to $600 billion. See Steve Pren- 13 See Comerford & Perry, supra note 11, at 72. tice, Telecomms And The Year 2000-IT Problem, Or Global Crisis?, 14 According to the Gartner Group, Inc., a private con- Gartner Group, Inc., at 2 (1998). J.P. Morgan Securities, sulting firm, there are approximately four billion Inc., and Merrill Lynch, Inc., respectively, have forecasted microprocessors currently used in everything from the aver- $200 billion and $1 trillion. See William D. Rabin, Industry age modern automobile, to transoceanic supertankers, to au- Analysis: The Year 2000 Problem, J.P. Morgan Securities, Inc., tomated industrial process machines, to any variety of com- July 22, 1996, at 6 & 7 ; see at 1424-25. Some of the four billion microchips-roughly 160 also The Millennium Challenge, Merrill Lynch, Inc. (July million, or 4 percent-performed some date-related function. 1998) ; Id. at 1425. Using Gartner's estimate of 160 million poten- Chandrasekaran, supra note 8, at Al (examples of costs to tially affected microprocessors, "industry would have to find Citibank, MCI, and others); Mark E. Konrad, Countdown To and fix about 288,000 defective chips every days between now 1/1/00: Solving The "Year 2000 Problem", Nevada Lawyer, at 14 and the end of 1999." Id. (June 1998); Munro, supra note 8, at 1423. 15 See Chandrasekaran, supra note 8, at Al ("[Y2K] is one 17 reported, as part of its three-part of the most expensive, labor-intensive, time-consuming Year 2000 series, that "[m]ore than four in 10 U.S. compa- problems mankind has ever faced.") (remarks of Ann K. Cof- nies, according to one survey, already have encountered Y2K- fou, Analyst, Giga Information Group, Inc.). related systems failures." See Chandrasekaran, supra note 8, 16 It is still unclear, at this juncture, what will be the fi- at A]. 1999] Why Y2K? year loans because it could not tell the difference tions users will pick up their phones to find out if between 2003 and 1903. A corned beef manufac- there is dialtone. The public switched telephone turer destroyed new inventory because its legacy network is not engineered to have millions of computer system believed that the fresh product users pick up the telephone at the same time and was almost 100 years old. In 1998, when Chrysler dial; rather the network is optimized for a certain Corporation conducted a Year 2000 test at one of number of users (albeit a high number of users), its assembly plants, the simulated millennial date dialing and talking for a certain number of min- change affected the facility's security system and utes. If millions of users pick up the telephone at prevented any people from leaving the building."' or near the same time then it is theoretically possi- A merchant sued a computer hardware company ble that certain parts of the network could experi- for selling point-of-sale credit card readers that ence a disruption, but not because of the Year purportedly could not process authorizations of 2000 issue. In the banking context, customers credit cards with expiration dates in 2000.1 may attempt to withdraw money from their bank's The risks, however, are not confined to the di- ATM and discover that the ATM will not disperse rect effects of a Year 2000 failure. There may also money. Perhaps the ATM is experiencing a Year arise secondary, or "echo," effects stemming from 2000 glitch, but equally plausible is the possibility the Year 2000 Problem. 20 For example, some that the money machine is out-of-cash or out-of- companies may experience problems associated service, common reasons for such machines to be with billing and accounting processes. The delay disabled. in collections and the resulting shortfall in reve- What will be the consequence of a large nue could theoretically lead to a company's in- number of users that discover there is no dialtone ability to pay salaries and retain personnel who or ATM service, not because of a Year 2000 fail- are essential for the uninterrupted provision of ure, but because of the constant alarmist reports services. These problems are not directly attribu- that have convinced those telecommunications table to the Year 2000 Problem (i.e., a technical users and bank customers that it is nothing other manifestation), but they can affect a company's than a Year 2000 incident? Will the public psyche ability to provide commercial services impacting be so consumed with fear and doubt that a non: employees and consumers. Relatedly, there is Year 2000 incident will manifest itself in panic and also a need to consider public or crowd psychol- runs on food stores and money supply? Of ogy (i.e., the perceptions and responses of con- course, no one knows, but we should be mindful sumers) when dealing with the millennial date of the attending psychology impacts. change issue. If consumers are overly sensitized to the doomsday and alarmist reports that are so V. COMMUNICATIONS AND THE YEAR 2000 widely reported and they encounter a disruption PROBLEM in an essential service, even if the failure arises from a non-Year 2000 incident, then unintended Luckily the Year 2000 Problem has not ad- (and equally catastrophic) consequences could versely affected the normal day-to-day operations unfold. of the ubiquitous communications infrastructure For example, the Federal Communications over which the Federal Communications Commis- Commission is worried about the possibility that sion (the "Commission" or "FCC") 21 has express on the fateful day, millions of telecommunica- statutory oversight. Nevertheless, there is a tre-

18 See, e.g., Chandrasekaran, supra note 8 at Al (example the computerized system crashed and had to be re-booted of Year 2000-related failures); Konrad, supra note 16, at 14; any time the point-of-sale readers attempted to process a Munro, supra note 8, at 1424. credit authorization of a credit card with an expiration date 19 Several litigation actions already have been filed in of "00" or later. Id. The plaintiff alleged, inter alia, breach of connection with purported Year 2000-related incidents or warranty, breach of contract and consumer fraud. Id. failures. See infra section V.A.1 & notes 34-35. The first of all 20 Frances Cairncross of the Economist, at the October 16, Year 2000 suits, however, was Produce Palace Int'l v. TEC- 1998 Global Year 2000 Summit in London, first termed and America Corp., No. 97-3330-CK (Mich. Cir. Ct.) (filed July 11, commented on the "echo" effects of the Year 2000 Problem. 1997) . 21 The Federal Communications Commission is an in- In that litigation action, the plaintiff Produce Palace dependent United States government agency, charged with purchased a $10,000 cash register system from the defend- regulating interstate and international communications by ant, and according to the plaintiff's complaint, in early 1997, radio, television, wire, satellite and cable. The FCC'sjurisdic- COMMLAW CONSPECTUS [Vol. 7 mendous amount of public concern about the Chairman of the Network Reliability and Inter- pace and extent of remediation activities in the operability Council, punctuated this fact when he communications industry. There have been illus- noted at the Council's first meeting that an AT&T trative examples of network disruptions in the analysis found that testing every potentially vul- non-Year 2000 context, including America On- nerable system in the AT&T network would re- 25 line's system failure in 1996,22 and the AT&T quire 60,000 test years to complete. 23 frame relay network incident and PanAmSat's Second, as described in Section IV, remedying 24 IV satellite failure in 1998, that have the Year 2000 Problem in the communications in- been prominently featured in the general media. dustry will demand the commitment of tremen- These events have only hastened public concern dous personnel and capital resources. 26 For ex- about the communications industry's readiness ample, GTE Telephone Operations has dedicated and capacity to implement Year 2000 compliance 1,200 employees to the company's preparedness remedies. Hundreds of millions of communica- effort. Other companies are committing similar tions users in the United States transmit voice, levels of personnel resources and spending in ex- data and video information upon the ubiquitous cess of $400-$500 million. communications infrastructure, and each de- Third, there appears to be a lack of clear gui- pends on the network for its near unfailing relia- dance on the question "What does it mean to be bility, continuity, and usability. Year 2000-compliant?" A striking absence of com- mon definitions related to the Year 2000 Problem A. Challenges For Making Communications presently exists. Firms and companies often re- Year 2000-Compliant sort to the ambiguous terms "compliant," "ready," "functional" and "capable." If one were to survey Of course, there are several challenges associ- the different definitions proffered by governmen- ated with making the communications infrastruc- tal and private entities, one would be surprised to ture Year 2000-compliant that will squarely con- learn that they are vague and varying. front the communications industry. First and For example, the Federal government defines foremost, there is the obvious challenge of mak- Year 2000 compliance in section 39.002 of the ing all mission-critical systems and components Federal Acquisition Regulations: Year 2000-ready before January 1, 2000. As we ap- Year 2000 compliant means, with respect to informa- proach the immovable deadline of the Millen- tion technology, that the information technology accu- nium, companies and organizations will have to rately processes date/time data (including, but not lim- engage in the prioritization of implementing solu- ited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centu- tions. C. Michael Armstrong, Chairman and ries, and the years 1999 and 2000 and leap year calcula- Chief Executive Officer of AT&T Corporation and tions, to the extent that other information technology, tion covers interstate and foreign wireline communications switched data network technology to transmit and exchange among the 50 states, the District of Columbia, and U.S. pos- large amounts of computer information. See TR DAiLY, sessions and the use of the electromagnetic spectrum for AT&T Says Most Customers' Frame Relay Service Restored, Ac- communications purposes. In to addressing those knowledges 'Root' Cause Of Network Failure Unknown, Apr. 14, issues that are directly within its jurisdiction, the Commis- 1998. sion-as a principal member on the President's Council on 24 In May 1998, PanAmSat's Galaxy IV satellite malfunc- Year 2000 Conversion-is directly responsible for coordinating tioned and spun out of control, interrupting the transmission the federal government's Year 2000 effort in the communica- of radio and television broadcasts and disrupting paging serv- tions industry. ices to 80-90 percent of Nation's approximately 40 million 22 On August 6, 1996, America Online experienced a 19- pager users. See Mike Mills, Errant hour outage when new host software, essential to the on-line Cause Pager, TVDisruptions, THE WASHINGTON POST, May 20, service provider's operating system, went off-line. See David 1998, at C14. S. Hilzenrath, American Online Goes Off-Line, THE WASHINC- 25 GTE Telephone Operations estimates that the TON POST, Aug. 8, 1996, at Al. Approximately 6.3 million number of tests that would be required to test all combina- AOL users worldwide were temporarily unable to access elec- tions of its equipment and operating systems would be excep- tronic mail or otherwise use on-line services and functions tionally high-1029 . Attempting to perform that number of (e.g., electronic news, World Wide Web). See id. tests in the time remaining, i.e., less than 13 months, is simply 23 Thousands of AT&T customers were affected by the impossible even if adequate test beds and other facilities were disruption of an advanced frame relay network in April 1998. available to facilitate such testing. For nearly 20 hours, widespread problems impaired the abil- 26 See, e.g., supra section IV & note 17 (describing the ity of frame relay customers to utilize the high-speed, packet- breadth of the costs and liabilities facing corporations). 1999] Why Y2K?

used in combination with the information technology systems and services remain functional through being acquired, properly exchanges date/time data 2 7 with it. critical date rollovers. The assurance of that is de- pendent on the exhaustive testing of a A "compliant" product, according to the Hew- remediated system irrespective of what definitions lett-Packard Company, "accurately processes date are adopted. In short, if the mission-critical data (including, but not limited to: calculating, processes, services and functions continue to work comparing and sequencing dates), from, into and then it should not matter that the components between the twentieth and twenty-first centuries, might not meet a given definition of Year 2000 the years 1999 and 2000, and leap year calcula- compliance. tions, when used in accordance with its product documentation, and provided all other products used in combination with the product properly 1. Legal And Regulatory Liability Concerns exchange data with it."28 SBC Communications, Inc. prefers 'Year 2000 Without a doubt, in the Year 2000 Problem con- ready" and provides the following definition: "the text, legal and regulatory liability issues are the system or service must successfully pass the inven- most significant barriers to the dissemination of tory, assessment, testing and implementation timely and candid information about the Year phases and, to the extent applicable, be able to 2000 readiness efforts of carriers, service provid- read, compute, store, process, display and print ers, and manufacturers that are critical to calendar dates falling after December 31, 1999, remediating the problem. 3°1 The legal concerns 29 without interruption or degradation to service." proffered by industry-some that appear to be over- So does the question "What does it mean to be stated and some that appear to be legitimate-are Year 2000 compliant?" mean that every individual associated in part with issues of product dispar- mission-critical element and component in a sys- agement, antitrust violations, third-party liability, tem is certified, and, if so, what is the conse- and carrier-vendor contractual relations, just to quence when all of the Year 2000-compliant ele- name a few. As a consequence, some companies ments are re-connected and the process or have been reluctant to divulge information per- function does not work? What happens if Firm X taining to their Year 2000 vulnerabilities and have uses a definition, standard and process methodol- been largely unwilling to guarantee or certify Year ogy which is wholly different from Firm Y, and, 2000-readiness due to concerns about liability. when the two firms interconnect, there is not con- With respect to the Year 2000 Problem, the rea- tinuity of service and errors and failures arise? sons for the concern and uneasiness expressed Unfortunately, the truth is that individual critical about legal liability are apparent. Certain gloom- elements and components that alone are 'Year and-doom reports suggest that on January 1, 2000, 2000 compliant" may not be capable of perform- 50% of companies may experience a Year 2000- ing their specific functions because of the various incident affecting part or all of their systems. 31 If methods for reaching compliance. the forecasts are even marginally accurate, on Jan- At some level, the definitional problem may uary 1, 2000, many affected companies could be prove unimportant. What really matters is that subject to a wide-range of potential liability. In

27 Federal Acquisition Regulations, 48 C.F.R. § 39.002 (June 1998); J. Travis Laster, The Year 2000 Problem In Dela- (1996). ware: Preparing To Defend Shareholder Derivative Law Suits, IN- 28 Hewlett-Packard Company's Year 2000 Compliance SIGHTS, at 12 (June 1998);James K. Lehman & Kevin A. Hall, Definition Year 2000 For Lawyers: A Legal Primer On The Millennium Bug, (visited Nov. 11, 1998). SOUTH CAROLINA LAWYER, at 15 (July/Aug. 1998); Linda A. 29 SBC Communications, Inc.'s Year 2000 Readiness Def- Monica, Year 2000: The Gathering Storm Of Litigation Over The inition (visited Nov. "MillenniumBug, MAINE BARJOuRNAL, at 184-85 (July 1998) ; 11, 1998). Dean A. Morehous, Jr., Liability Issues And The Year 2000, 30 There has been no shortage of commentary and dis- Practising Law Institute, 18th Annual Institute on Computer course on the potential legal consequences arising from the Law (Feb. 1998); Ronald Rosenberg, Lawyers Cashing In On Year 2000 Problem and the possibility of significant legal liti- Y2K Liability Problems, THE JouRNAL REcoRD, Feb. 5, 1998; gation before and after January 1, 2000. See, e.g., Kathy Bar- Anna Snider, The Millennium Has Arrived For Y2K Practice rett Carter, Lawyers Boot Up For Y2K Crashes, THE STAR- Groups, NEW YoRK LAW JouRNAL, May 11, 1998, at 1. LEDGER, Aug. 4, 1998, at 1; Mark E. Konrad, Countdown To 1/ 31 See Monica, supra note 30, at 185. 1/00: Solving The "Year 2000 Problem", NEVADA LAWYER, at 14 COMMLAW CONSPECTUS [Vol. 7

4 fact, it is interesting to note that the cost to eradi- for $260,000. 11 cate the Millennium Bug ($300 billion to $600 bil- Firms may also be fearful of the prospect of not lion) pales in comparison to provocative estimates s complying with the myriad of Year 2000 readiness of legal costs in the range of $1 trillion. 2 and disclosure rules that are promulgated by the A small number of class action suits already various U.S. regulatory agencies and the potential have been filed in both state and federal courts. adverse consequences of non-compliance. Mak- Most pending actions deal with "goods" (e.g., com- ing affirmative representations of Year 2000 com- puter software and intelligent systems) purchased pliance or disclosing information about a firm's between calendar years 1994 and 1997. Plaintiffs readiness activities and potential Year 2000 seek relief under several different causes of ac- trouble spots would provide legal ammunition tion, including a federal Magnuson-Moss Act that could be used against the firm by a regulatory claim and state law claims such as breach of war- agency-like the Commission-or another litigant or ranty, breach of contract, consumer fraud, mis- class of plaintiffs. representation, and negligence. 3 The regulatory landscape is filled with numer- The Produce Palace International v. TEC-America ous examples of voluntary and mandatory disclo- Corp. lawsuit was the first Year 2000 litigation ac- sure requirements. The Securities and Exchange tion, brought in the Circuit Court for the County Commission ("SEC") has been perhaps the most of Macomb, State of Michigan.3 4 Plaintiff Pro- visible regulatory agency when it comes to the duce Palace bought a computer system to network promulgation of information disclosure guide- their cash registers, process credit cards and expe- lines. In January 1998, the SEC issued a notice- dite accounting. The Plaintiff alleged that the sys- the so-called "Bulletin no. 5"-regarding the disclo- tem was installed in 1995 without the ability to sures to be made by public companies and by in- process credit cards expiring on or after January vestment firms and advisors.41 The SEC's Bulletin 1, 2000. The Plaintiff alleged breach of warranty no. 5 was subsequently superseded by an August under Michigan law, 3 5 violation of the Magnuson- 4, 1998 interpretative statement regarding the dis- Moss Warranty Act, 36 breach of warranty of fitness closure of Year 2000 issues and consequences for under Michigan law,3 7 breach of duty of good public companies, investment advisors, invest- 38 2 faith, negligent repair, misrepresentation, ment firms and municipal securities issuers. 4 breach of contract, and violation of the Michigan The SEC noted, in relevant part, that: Consumer Protection Act."9 The Plaintiff also al- leged a right under Michigan law to revoke the [c]ompanies already disclose in their [Management's Discussion and Analysis of Financial Condition and Re- transaction due to a lengthy repair history and suits of Operations ("MD&A")] their assessment of continuing defects, and sought a refund of the known trends, demands, commitments, events or un- purchase price along with incidental and conse- certainties that are likely to have a material impact. MD&A is designed to allow investors quential costs. The instant action was settled, sub- to see the com- pany through the eyes of management. Investors de- ject to an arrangement reached among the parties serve no less with respect to management's assessment

32 See, e.g., Carter, supra note 30, at I ("[L]egal costs 35 See Mich. Comp. Laws Ann. § 440.2314 (West 1998). could reach $1 trillion, substantially more than ... businesses s6 See 15 U.S.C. § 2301. will spend to fix Y2K problems, and more than all the money 37 See Mich. Comp. Laws Ann. § 440.2315 (West 1998). spent on Superfund environmental litigation, asbestos, breast 38 See Mich. Comp. Laws Ann. § 440.1203 implant and tobacco litigation combined"); Larry Smith & (West 1998). 39 See Lori Tripoli, More Billables Than Superfund!. Law Firms Posi- Mich. Comp. Laws Ann. § 445.901 (West 1998). tion for the Billion-Dollar Y2K Boom, OF COUNSEL, May 18, 1998, 411 See Erich Luening, First Y2K Lawsuit Filed Is Settled, at 10. CNET NEWS.cOM, Sept. 14, 1998 . No. 172539 (Cal. Super. Ct.) (Dec. 2, 1997) ; Issokson v. Intuit, Inc., No. Bulletin No. 5 (Divisions of Corporation Finance and Invest- CV-773646 (Cal. Super. Ct.) (Apr. 28, 1998) ; H. Levenbaum Ins. Agency, gov/rules/othern/slbcf5.htm> (visited Nov. 11, 1998). Inc. v. Active Voice Corp., No. 98-3864 (Mass. Super. Ct.) (July 42 See Securities and Exchange Commission Statement 2, 1998) . Regarding Disclosure of Year 2000 Issues and Consequences 34 See Produce PalaceInternat'l v. TEC-America Corp., No. 97- By Public Companies, Investment Advisers, Investment Com- 3330-CK (Mich. Cir. Ct.) (June 12, 1997) (visited Nov. 11, 7558, Aug. 4, 1998, at 1 (visited Nov. 11, 1998). 1999] Why Y2K?

of their company's Year 2000 problems.43 tal expenditures in a given year. Because such The palpable anxiety and concern of legal and spikes are often unanticipated and cannot be de- regulatory liability has thus contributed to an en- preciated, the market may react by de-valuing the vironment where companies are fearful of disclos- company's stock. Many companies are concerned ing timely and candid information about their about how such a single or repeated spike of a products or services, or how far they have ad- multi-million dollar expenditure will be ac- vanced toward compliance. To address this signif- counted for in any forward-going quarterly or an- icant problem, President Clinton signed the Year nual reports, and more importantly how the fi- 2000 Information and Readiness Disclosure Act, a bi- nancial markets will respond. partisan legislative initiative to which the telecom- munications industry and many others substan- tially contributed and that was enacted by the 3. The Criticality, Interdependency and Uniqueness Congress, on October 19, 1998. This legislation is of Communications Services an important part of the country's efforts to pre- pare for the Year 2000 Problem. It promotes and Few events in the Digital Information Age encourages the sharing of Year 2000 information (before the Year 2000 Problem) have so clearly by limiting the liability exposure those statements demonstrated the interconnectivity and interde- might cause. pendency of the communications industry. The The Year 2000 Information and Readiness Disclo- communications infrastructure is one of a hand- sure Act will surely advance the information ex- ful of basic building blocks-including energy and change effort. However, additional measures may transportation-upon which all other industries be needed on a forward-going basis. There will be and programs rest. It is also disproportionately a significant and continuing role to be played by dependent on the coupling of various disparate the Congress, the Administration, and industry networks. with regard to the legal liability issues and other If one is particularly interested or concerned barriers to the information flow. about the public switched telephone network-as are most critical end-users-then it is important to remember that no single entity owns or controls 2. Competitive and Marketplace Concerns the public switched telephone network. The ma- Competitive and marketplace concerns are also jor telecommunications carriers, such as the Bell significant hindrances to addressing the Year 2000 Operating Companies, GTE, AT&T, MCI Problem. A considerable amount of anxiety exists WorldCom and Sprint, provide service to the ma- in the private sector about the attending competi- jority of the country. But 1,300 small to mid-size tive consequences if companies openly reveal to independent telephone companies serve many ru- customers that they are experiencing difficulties ral and insular parts of the country as well as the in remediating their embedded electronics infra- U.S. territories and possessions. Moreover, the to- structure. Some firms are legitimately concerned tal global network depends as well on different in- about the manner in which they will be treated by ternational carriers, in different countries around the capital markets. In both instances, companies the world. And these companies are only one in a could lose the confidence of both their customers long chain of vertically and horizontally-interre- and investors. Even a temporary wavering of con- lated companies required for the network to oper- fidence might have a tremendous impact on the ate. financial bottom-line. For example, in order to fix the Year 2000 Prob- There is also a growing chorus of concern in lem, carriers rely on manufacturers of central of- the private sector about the accounting implica- fice switches and other network equipment, like tions of the Year 2000 Problem. As noted above, Northern Telecom, Lucent and Siemens. Private most U.S. communications carriers, manufactur- networks and end users must make sure their ers, and providers will spend on average $400- equipment-such as their telephones, voice mail $500 million to attack the Year 2000 issue. In systems, Private Branch Exchanges ("PBXs"), and many cases, there will be substantial spikes in capi- local area computer networks-is Year 2000-ready;

43 Id. COMMLAW CONSPECTUS [Vol. 7 otherwise, they may be unable to send or receive work for Year 2000-readiness. 45 If any one of voice and data traffic. These groups are, in turn, those components/systems (e.g., central office dependent upon other manufacturers for their switch), network elements (e.g., advance intelli- equipment, who are, in turn, dependent yet again gent network, Signaling System 7), or network in- on other providers for parts and services such as terconnectors (e.g., local exchange carrier, inter- power. And on it goes. exchange carrier, Internet Service Provider, Without a doubt, the telecommunications net- private telecommunications network user) is af- work is a tremendously complex and interdepen- fected by the Year 2000 Problem, a call might be dent thing. It consists of millions of intercon- disrupted. nected parts and hundreds of millions of lines of computer code. The public switched telephone B. Unique Advantages For Remediation in network processes millions of calls per minute. Communications To transit each and every call, automated and in- telligent machines and systems (in the possession It is important to note, however, that as daunt- of the thousands of telecommunications carriers ing as the challenges and complexity may appear, and users described above) make calculations for the communications industry is probably better the most efficient multi-path, real-time interaction equipped and positioned to address this issue of all points along the established circuit between than most. As Frances Cairncross of the Economist the call's origination and destination. 44 In micro- noted in her September 19, 1998 survey on the seconds, a phone call from Washington, D.C. to Year 2000 Problem, critical industry sectors like New York travels from your telephone, to the Pri- communications "depend disproportionately on net- vate Branch Exchange (i.e., switchboard) in your works and therefore tend to emphasize reliability and building, to the local exchange carrier's central continuity."46 In support of Ms. Cairncross's obser- office switch, through the carrier's network com- vation, there are five very important points. ponents and systems that route your call to an in- First, the industry is dependent upon a highly ter-exchange carrier (or carriers), through long- complex, technical network that is engineered for distance trunk lines (or other telecommunica- near unfailing reliability.4 7 Communications is tions facilities like microwave, satellite, fiber op- not an industry that contemplates periods of tic), to another local exchange carrier's central downtime (e.g., evenings, weekends, holidays, or switch, and ultimately to the telephone on the re-tooling cycles). Communications, quite apart other end. Make the same call two minutes later from other industries, is both a "live" network and the call may be routed in a completely differ- running 24 hours a day, 365 days a year, and a ent manner as calculated by the network. industry sector "based on operating a ubiquitous, The foregoing description points to the mathe- shared physical infrastructure."' 48 The success of matical difficulty (i.e., the infinite number of per- the industry "is measured by the number of customers mutations and combinations of routing possibili- mutually connected by the infrastructure, and by the ties and service events to transit a voice or data reliability and usability of these interconnections."49 call) of testing the entire public telephone net- Success is also measured in terms of revenues,

44 See generally Hearing Before The House Committee On Ways Galaxy IV-highlight the vulnerability that users may experi- And Means, Subcommittee On Oversight, 105th Cong., 2d Sess. ence in the event of a serious failure of a single piece of hard- (June 16, 1998) (testimony of A. Gerard Roth, Vice Presi- ware, it is important to note that communications networks dent, Technology Programs, GTE Corporation) (visited Nov. 11, 1998). plement technical solutions and substantially restore frame 45 See, e.g., supra Part V.A; supra note 26. relay service within 20 hours after the initial outage reports. 46 See Cairncross, supra note 8, at 11 (emphasis added). Moreover, communications failures of this magnitude are 47 The Bellcore standard is 99.9999 percent up time, rare. Wayne A. Whiyte, Chief of Spectrum Management at translating into a switch reliability standard of less than 3 NASA's Lewis research facility, commenting on Galaxy IV minutes downtime per year. That is 3 minutes of 525,650 noted "[s]atellite communications has been in existence for minutes in a year. 30 to 40 years now and you can probably count the number 48 See Ross M. Richardson, Letters To The Editor: Who Will of satellite failures on one hand." See Frank D. Roylance, Win The Telco Wars?, WALl STREET JOURNAL, Jan. 8, 1998, at Orbiting Switchboard Pulls Plug On U.S., . A9. Even though the most prominent examples of telecom- May 21, 1998, at 1A. munications disruptions-AT&T frame relay and PanAmSat 49 See Richardson, supra note 48, at A9 (emphases ad- 1999] Why Y2K? subscribership, dividends, and profits. The major pletion of the country's telephone number pool, telecommunications carriers and providers under- the industry added the three-digit area code. In stand well that they potentially face diminished essence, the domestic telecommunications indus- 50 5 goodwill, regulatory trouble, and legal liability ' try implemented a three-digit technical solution, as if they do not satisfactorily address the Year 2000 opposed to the two-digit solution required for the problem. Let us not forget that the industry is Year 2000 Problem. also susceptible to financial ruin.52 For example, Third, because of the importance of network in the case of PanAmSat's Galaxy IV, the satellite reliability, continuity, interconnectivity and inter- failure foreclosed any possibility of the company operability, there are a number of first class tech- (a publicly traded subsidiary of Hughes Electron- nical consortiums and prominent trade organiza- ics) collecting an estimated $78 million in reve- tions that have a long history of developing nues for 1998, and reportedly could lead to a $20 standards and addressing network issues and then million revenue shortfall in both 1998 and 1999 sharing those findings with all its members. from the loss of all pre-empted users of the newer Bellcore has served in this role for the phone sys- 5-3 Galaxy VI satellite. tem since days of old. The Telco Year 2000 Fo- In this new competitive landscape of telecom- rum, the Alliance for Telecommunications Indus- munications, profit-maximizing actors will act in try Solutions ("ATIS"), and other industry groups their own self-interest, namely to survive and pros- are providing valuable assistance in facilitating in- per.54 The captains of industry that are most sus- formation sharing, building private partnerships, ceptible to the risks and fears of competition, and coordinating testing and contingency plan- wake to and work through each day thinking ning. about the negative consequences of not providing The Network Reliability and Interoperability quality, reliability, and increasingly innovative Council ("NRIC") is another important tool the services and products. The corresponding impact Commission and the industry will use to assist can be felt in the anxiety they feel about satisfying them in their effort to address the Year 2000 Prob- regulators, shareholders and customers. lem. The newly constituted NRIC-which includes Second, the aforementioned legacy of reliabil- representatives from all the communications in- ity and continuity evidences that companies have dustries, including broadcast and cable, as well as a strong stable of trained, reliable experts in net- equipment manufacturers and On-line Service work reliability issues. They have experience with Providers ("OSP")-will play an important over- identifying threats to network reliability, planning sight role with respect to interoperability and end- corrections and executing those corrections. In to-end testing. We believe that this organization the past, they pulled the entire network apart dur- will be invaluable in coordinating the overall test- ing the AT&T divestiture and implemented toll- ing, collection and dissemination of information, free 800 number portability and local number in addition to advising the Federal Communica- portability. Perhaps the most analogous example tions Commission on the status of industry readi- of the industry reconfiguring the live network to ness and facilitating the development of contin- remedy a "number" issue was when, due to the de- gency plans. ded). lights Risks In Telecommunications, BUSINESS INSURANCE, Apr. 50 See supra Part V.A.1. 20, 1998, at I (AT&T CEO Michael Armstrong "would not say 51 See, e.g., id.; supra Notes 34-35. how much AT&T would lose in revenue. . .however, he said 52 Concerned users of communications service are often the frame relay business generates $1 billion annually for quick to point to the AOL service interruption and the AT&T AT&T"). data relay outage, but they forget about the devastating effect 5 See, e.g., Diane Mermigas, Satellite Risk Is Out There, on the financial bottom-lines of two of the largest firms in the ELECTRONIC MEDIA, June 1, 1998, at 18; Anthony L. Velocci, communications industry. See, e.g., Jeff Jinnett, Legal Issues Jr., Market Focus, AvIATION WEEK & SPACE TECHNOLOGY, June Confronting the Federal Government and State Govern- 1, 1998, at 11 ments Due to the Year 2000 "Millennium Bug" (1996) 54 See Alfred E. Kahn, THE ECONOMICS OF REGULATION: ("[when AOL] went off-line for less than one day.. .its stock PRINCIPLES AND INSTITUTIONS 1 (1970) (citing I Adam Smith, dropped approximately three points... the market value of AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF the outstanding AOL stock was reduced by approximately NATIONS 421 (Edwin Canaan ed., 4th ed. 1925) (1776)); see $273 million") also Ernest Gellhorn & William E. Kovacic, ANTITRUST LAw (visited Nov. 11, 1998); Gavin Souter & Michael Prince, AND ECONOMICS 48-50 (1994). AT&T Fails To Connect: Failure Of Frame Relay Network High- COMMLAW CONSPECTUS [Vol. 7

The states are also important assets in the Com- VI. READINESS EFFORTS BY THE FEDERAL mission's effort to ensure that the integrity and GOVERNMENT AND INDUSTRY continued operations of the nation's critical com- munications infrastructure is maintained. As a The Commission has taken its responsibility to consequence, the Commission has engaged the monitor the pace and extent of the communica- support of the National Association of Regulatory tions industry's Year 2000 readiness efforts seri- Utility Commissioners ("NARUC") and is specifi- ously since first becoming aware of the problem cally working with its Communications Subcom- several years ago and has been working to ensure mittee to ensure that telecommunications compa- that the Year 2000 challenge is properly ad- nies are aware of the seriousness and dressed. We have developed and continue to de- consequences of the Year 2000 Problem, to pro- velop outreach and advocacy strategies to raise in- vide information and guidance about the prob- dustry awareness of the issue, as well as methods lem, to provide remedial actions and solutions, for assessing and monitoring the industries' ef- and to assess the extent and pace with which the forts to address the problem. Moreover, we have telecommunications industry is addressing the been looking into ways to facilitate the develop- problem. ment of effective contingency plans in the event In totality, the Telco Year 2000 Forum, ATIS, that a major disruption to any segment of the Bellcore, NRIC, the States, and other industry communications industry-including wireline te- groups are providing valuable assistance in facili- lephony, terrestrial wireless, radio and television tating information sharing, building private part- broadcasting, cable television, satellites, and inter- nerships, and coordinating testing and contin- national telecommunications-should occur. gency planning. Inasmuch as the Commission can play an im- Fourth, most communications firms have con- portant role by providing information and gui- tingency plans and continuity of operations dance to companies, encouraging companies to procedures for potential non-Year 2000 related share information with each other and with their disruption scenarios. The industry has also estab- customers, and facilitating the development of lished mutual assistance procedures in the event readiness and contingency plans, the Commis- of a particularly debilitating failure where com- sion's ability to address the Year 2000 Problem is petitors will assist by carrying the affected carrier's limited. Only private communications firms them- or provider's voice, data or video traffic on their selves have the ability to address properly the Year excess capacity. These plans and procedures can 2000 Problem. As a consequence, we have been be coopted and specifically modified for the Year working to promote a flexible (but effective) pub- 2000 Problem. Given the ultimate importance of lic-private, "mission-oriented" partnership to en- contingency preparedness, the fact that such sure that users of communications services enjoy plans and procedures exist in some form or an- as close to the same level of quality and reliability other will greatly contribute to the industry's abil- on and after January 1, 2000, as they do today. ity to react to any potential Year 2000 incident. In the time we have remaining, we will have to Fifth, the great bulk of the communications in- marshal efficiently the unique skills and resources frastructure is largely controlled by a relatively few of the public and private sector to fix the net- carriers, providers, and manufacturers. For exam- works and systems that we absolutely need to have ple, in the United States, the top 20 local ex- and to minimize Year 2000-related disruptions in change and interexchange carriers control more this country and around the world. With the help than 97 percent of the total number of U.S. access of the President's Council on Year 2000 Conver- lines. In the manufacturing context, the majority sion, the Administration, the U.S. Congress, the of the domestic and international telecommunica- Federal Communications Commission, the indus- tions industry's equipment comes from Lucent, try and others, we will substantially meet the Year Alcatel, Siemens, Northern Telecom, Fujitsu, and 2000 challenge, but it will take the contribution a handful of others. and commitment of each of us to achieve it. As 1999] Why Y2K?

Henry Stimson noted, "I know the withering ef- Of course, as we move closer to the Millen- fect of limited commitments and I know the re- nium, all of our concerns become more acute. generative effort of full action." Because our collective well-being is dependent upon the reliability of all the nation's and world's VII. CONCLUSION telecommunications networks, government and industry must work together to ensure that In the midst of one of the most difficult and whatever disruptions occur do not lead to wide- dire periods in the 2 0 th century, Winston Church- spread outages and failures. In this regard, the ill once remarked, "Victory at all costs, victory in Commission is fully committed to taking whatever spite of all terror, victory however long and hard actions it can to facilitate information sharing and the road may be." At the Federal Communica- industry compliance efforts. Time is of the es- tions Commission, Sir Churchill's words resonate sence. We cannot move this deadline of January fully, for we are optimists and believe that we are 1, 2000. participating in one of the greatest undertakings of the day.