ETSI SCP#54 29 - 30 March 2012 Sophia Antipolis, France

Source: Title: Agenda item: Document for: Research In Motion UK Ltd

ETSI/SCP(12)000075r1
Author: Michael Frhlich Submission date: 28 March 2012 page 1 of 2

No voting by proxy during a Technical Body meeting 11 Decision x Discussion Information Late submission x

Decision/action requested

We respectfully request that Clause 1.7.1.1 of the ETSI Technical Working Procedure is fully respected and no voting by proxy, in any form, will be permitted during the meeting of ETSI TC SCP#54

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Reference
ETSI Technical Working Procedures Blacks Law Dictionary

Background/Rationale

Over the last few days we have observed a number of representatives from one company changing their affiliation over night and registering to the meeting not representing their employer or any of their affiliates but representing a completely different company. Examples (as of 18:04 CET on 28/03/12) are: - Jason Adams from Apple (UK) Ltd registered as Bell Mobility - Dieter Volbert from Vodafone D2 GmbH registered as Telekom Austria AG - Gavin Clark from Apple (UK) Ltd registered as KT Corp. - Vinash Khausal from Apple (UK) Ltd registered as SK Telekom Clause 1.7.1.1 of the ETSI Technical Working Procedures provides that voting by proxy is not permitted during a Technical Body meeting. Clause 1.7.1.1 of the ETSI Technical Working Procedures doesnt make a difference between - a person of one company who is appointed to carry the votes of another company, and - a person of one company who is registered in the place of a person from another company and appointed to cast a vote on behalf of that other company Instead Clause 1.7.1.1 of the ETSI Technical Working Procedures provides for an outright prohibition of proxy voting during a Technical Body meeting. This is fully consistent with the common understanding of a proxy as being a person, appointed in the place of another, to represent him. For example, Blacks Law Dictionary defines a proxy as A person who is substituted or deputed by another to represent him and act for him, particularly in some meeting or public body.

Black's Law Dictionary Free Online 2nd Ed. (available at http://thelawdictionary.org/proxy/). We therefore respectfully request that Clause 1.7.1.1 of the ETSI Technical Working Procedure is fully respected and no voting by proxy, in any form, will be permitted during the meeting of ETSI TC SCP#54.

Consequences and implications

As a consequence, we kindly ask that neither shall a person of one company who is appointed to carry the votes of another company be entitled to cast a vote on behalf of that company, nor shall a person of one company who is registered in the place of a person from another company and appointed to cast a vote on behalf of that other company, be allowed to cast a vote on behalf of that company. Nothing in this submission shall preclude its submitter from making additional legal arguments with competent bodies of law.