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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) Ci

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) Ci Case 3:06-cv-00672-VRW Document 294-1 Filed 07/05/2006 Page 1 of 173 1 ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) 2 [email protected] LEE TIEN (148216) 3 [email protected] KURT OPSAHL (191303) 4 [email protected] KEVIN S. BANKSTON (217026) 5 [email protected] CORYNNE MCSHERRY (221504) 6 [email protected] JAMES S. TYRE (083117) 7 [email protected] 454 Shotwell Street 8 San Francisco, CA 94110 Telephone: 415/436-9333 9 415/436-9993 (fax) 10 TRABER & VOORHEES LAW OFFICE OF RICHARD R. WIEBE BERT VOORHEES (137623) RICHARD R. WIEBE (121156) 11 [email protected] [email protected] THERESA M. TRABER (116305) 425 California Street, Suite 2025 12 [email protected] San Francisco, CA 94104 128 North Fair Oaks Avenue, Suite 204 Telephone: 415/433-3200 13 Pasadena, CA 91103 415/433-6382 (fax) Telephone: 626/585-9611 14 626/ 577-7079 (fax) 15 Attorneys for Plaintiffs 16 [Additional counsel appear on signature page.] 17 18 UNITED STATES DISTRICT COURT 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 TASH HEPTING, GREGORY HICKS, ) No. C-06-0672-VRW CAROLYN JEWEL and ERIK KNUTZEN, on ) 21 Behalf of Themselves and All Others Similarly ) CLASS ACTION ) Situated,, 22 ) EXHIBITS A-K, Q-T, AND V-Y TO ) 23 Plaintiffs, ) DECLARATION OF J. SCOTT MARCUS ) IN SUPPORT OF PLAINTIFFS’ 24 v. ) MOTION FOR PRELIMINARY ) INJUNCTION 25 AT&T CORP., et al., ) ) Date: June 8, 2006 26 Defendants. ) Courtroom: 6, 17th Floor ) Judge: Hon. Vaughn Walker 27 28 EXHIBITS TO DECLARATION OF MARCUS IN SUPPORT OF C-06-0672-VRW PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Case 3:06-cv-00672-VRW Document 294-1 Filed 07/05/2006 Page 2 of 173 Exhibit A Case 3:06-cv-00672-VRW Document 294-1 Filed 07/05/2006 Page 3 of 173 CV – J. Scott Marcus Date of birth: 05.12.1949 Nationality: U.S. Civil status: Divorced Higher education 1968 - 1972 City College of New York (CUNY), studies in Political Science with a concentration in Public Administration. Strong minor (29 credits) in Computer Science. 3.3/4.0 GPA (cum laude). 1976 – 1980 Columbia University, School of Engineering. Concentration in Computer Engineering. 3.7/4.0 GPA. Academic B.A. in Political Science (Public Administration) from the City qualifications: College of New York. M.A. from the School of Engineering, Columbia University. Language skills: English, moderate German, some French. Present position: Senior Consultant for WIK-Consult Gmbh. Key qualifications: More than thirty years in positions of progressively greater responsibility in industry and government. Experience in policy analysis, engineering, sales, marketing, financial analysis, and consulting. Facile in addressing the engineering, legal, and economic aspects of telecommunications regulation in an integrated manner. A seasoned public speaker with a significant record of publications. Professional 7/2005 – Present Experience: WIK-Consult Gmbh Senior Consultant Analyzed U.S. and Canadian experience with flexible spectrum management for the German Regulatory Authority, the BNetzA (2005). Conducted a study of network interconnection in an NGN environment, with an emphasis on developments in the US and UK, for the BNetzA (2005). Currently serve as WIK’s project manager for a study of collective use of spectrum (including licence-exempt commons) for the European Commission (joint with Mott Macdonald, Aegis, Indepen, and IDATE). Contribute to the organization of WIK workshops and events, including “NGN and Emerging Markets” (December 2005) and “Bill and Keep” (April 2006). Case 3:06-cv-00672-VRW Document 294-1 Filed 07/05/2006 Page 4 of 173 7/2005 – Present Independent Consultant Serve as an advisor to senior management at the Jamaican regulatory authority, the OUR. Primary areas of interest are broadband deployment and adoption, ICT development generally, network interconnection, and Internet issues. Have been commissioned to prepare a report on “Interconnection in an NGN environment” for presentation at an ITU-T workshop in March 2006. 7/2001 – 6/2005 Federal Communications Commission (FCC), Washington, DC, USA Senior Advisor for Internet Technology This was a senior staff position, comparable to the Chief Economist or the Chief Technologist. Primary function was to provide technical and policy advice to FCC senior management in regard to regulation, and non-regulation, of the Internet. Served as the Commission’s leading expert in Internet matters. Contributed to proceedings related to Voice over IP (VoIP), lawful intercept over the Internet (CALEA), broadband deployment and adoption, and intercarrier compensation. Represented the FCC in various inter-agency fora related to Internet matters. 10/2003 and 2/2004-7/2004 German Marshall Fund of the United States, Brussels, Belgium Transatlantic Fellow Was granted leave from the FCC to study the European Union’s new regulatory framework for electronic communications. Worked with the European Commission (unit DG INFSO B1) on the public consultation on IP telephony. Wrote several papers and gave numerous talks. 3/1990 – 7/2001 GTE Internetworking (Genuity), Burlington, MA, USA Chief Technology Officer (CTO) Primary duties in this role were: • regulatory and public policy advocacy; • technology-related publicity and public outreach; • oversight of Genuity’s participation in standards bodies and industry fora; • oversight of GTE Internetworking’s research agenda, Case 3:06-cv-00672-VRW Document 294-1 Filed 07/05/2006 Page 5 of 173 which included all research performed on our behalf by GTE Labs; and • management of technical functions that benefit from direct sponsorship of a senior executive, including Internet interconnection (peering) policy and network security strategy. 8/1989 – 3/1990 Sun Microsystems, Billerica, MA Engineering Manager Headed a team of a dozen senior developers in the creation of new versions of PC/NFS, Sun's network file system platform, for MS-DOS and OS|2. Had matrixed responsibility for SQA and documentation personnel. 1/1985 – 8/1989 Nixdorf Computer AG, Santa Clara, CA and Munich, Germany Manager, Communication Software Development Managed a small team of network software developers in a joint project with Amdahl Corporation. Consulted for Nixdorf in Munich, Germany, and managed data communication software developers. 10/1981 – 1/1985 Spartacus Computers, Inc., Burlington, MA Director, Software Development A technical founder and in charge of software development for an innovative start-up company. Developed the first commercial TCP/IP Ethernet solution for IBM mainframes under the VM operating system. 4/1981 – 10/1981 Interactive Data Corporation, Waltham, MA Manager of Capacity Planning Managed and trained a small staff of computer performance analysts, and was heavily involved in both strategic and tactical hardware and software planning for the data center. Introduced the use of regression-based forecasting methods, queuing theory, discrete event simulation, and new software monitoring tools. Case 3:06-cv-00672-VRW Document 294-1 Filed 07/05/2006 Page 6 of 173 1/1979 – 4/1981 The Analytic Sciences Corp. (TASC), Reading, MA Manager of Systems Programming Managed a small group of systems programmers, maintained and enhanced TASC's heavily modified IBM VM/CMS and VS1 operating systems. 4/1974 – 1/1979 SyncSort, Inc., Englewood Cliffs, NJ Product Manager Sales and sales management for a systems software product to sort and sequence data. 1/1968 – 4/1974 New York City Government, New York, NY Consultant / Systems Project LeaderManaged a team of systems programmers for the NYC Health Services Administration. Developed applications programs for the Office of the Mayor, in a variety of computer languages. Created innovative computer algorithms for processing of spatially correlated data. Membership, Co-editor for public policy and regulation for IEEE Activities: Communications Magazine, program committee member for the TPRC conference, former member of IEEE ComSoc Meetings and Conference Board, former Chair of IEEE CNOM. Senior Member of the IEEE. Former trustee of the American Registry of Internet Numbers (ARIN) from 2000 to 2002. Main Publications Publications: and Conference Presentations: “Interconnection in an NGN environment”, forthcoming, commissioned by the ITU-T for presentation at their ITU New Initiatives Workshop on “What Rules for IP-enabled NGNs?”, March 23-24 2005. With Lorenz Nett, Mark Scanlan, Ulrich Stumpf, Martin Cave and Gerard Pogorel, Towards More Flexible Spectrum Regulation, a WIK study for the German BNetzA. Available at: http://www.bundesnetzagentur.de/media/archive/4745.pdf. Also available in German. “Voice over IP (VoIP) and Access to Emergency Services: A Comparison between the U.S. and the European Union”, to appear in IEEE Communications Magazine. “Is the U.S. Dancing to a Different Drummer?”, Communications & Strategies, no. 60, 4th quarter 2005. Available at: Case 3:06-cv-00672-VRW Document 294-1 Filed 07/05/2006 Page 7 of 173 http://www.idate.fr/fic/revue_telech/132/CS60%20MARCUS.pdf With Justus Haucap, “Why Regulate? Lessons from New Zealand”, IEEE Communications Magazine, November 2005, at: http://www.comsoc.org/ci1/Public/2005/nov/ (click on "Regulatory and Policy"). With Douglas C. Sicker, “Layers Revisited”, presented at TPRC, September 2005, available at: http://web.si.umich.edu/tprc/papers/2005/492/Layers%20 Revisited%20v0.4.pdf. “Structured Legislation”, in preparation. “Procompetitive Regulation and Broadband Adoption in Europe”, in preparation. “Beyond Layers”, to appear in the Journal on Telecommunications and High Technology Law, 2006. “Broadband Adoption in Europe”,
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