Vote on nano SIM proposal postponed by 30 days
If you have been following our nano SIM, you might recall that Apple is currently pushing for their nano SIM design, a move that has been met with resistance by Nokia, RIM and Motorola who have refused to accept Apple’s designs even after Apple offered it up royalty-free. Now thanks to the stalemate and with the companies failing to reach an agreement, it looks like the vote that would determine the new standard has been postponed by a minimum of 30 days.
In the meantime, instead of pointing out Apple’s design flaws in its nano SIM proposal like Nokia did, RIM has gone down another route and is claiming that Apple is attempting to rig the ETSI’s vote by registering its own personnel as representatives from Bell Mobility, SK Telekom and KT Corp. The company is now petitioning the standards agency to ensure that proxy voting is not allowed in an effort to prevent Apple from “cheating”.
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ETSI SCP#54 29 – 30 March 2012 Sophia Antipolis, France
Author: Michael FröhlichSubmission date: 28 March 2012
page 1 of 2
Source: Research In Motion UK LtdTitle: No voting by proxy during a Technical Body meetingAgenda item: 11Document for:
1 Decision/action requested
We respectfully request that Clause 18.104.22.168 of the ETSI Technical Working Procedure is fullyrespected and no voting by proxy, in any form, will be permitted during the meeting of ETSI TCSCP#54
– ETSI Technical Working Procedures-
Black’s Law Dictionary
Over the last few days we have observed a number of representatives from one company changingtheir affiliation over night and registering to the meeting not representing their employer or any of theiraffiliates 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 TelekomClause 22.214.171.124 of the ETSI Technical Working Procedures provides that voting by proxy is notpermitted during a Technical Body meeting.Clause 1.
7.1.1 of the ETSI Technical Working Procedures doesn’t 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 companyand appointed to cast a vote on behalf of that other companyInstead Clause 126.96.36.199 of the ETSI Technical Working Procedures provides for an outright prohibitionof proxy voting during a Technical Body meeting.This is fully consistent with the common understanding of a proxy as being a person, appointed in theplace of another, to represent him. For example,
Black’s Law Dictionary defines a proxy as
“A person who is substituted or deputed by another to represent him and act for him, particularly in
meeting or public body.”
Black’s Law Dictionary Free Online 2nd Ed.
We therefore respectfully request that Clause 188.8.131.52 of the ETSI Technical Working Procedure is fullyrespected and no voting by proxy, in any form, will be permitted during the meeting of ETSI TC
4 Consequences and implications
As a consequence, we kindly ask that neither shall a person of one company who is appointed to carrythe votes of another company be entitled to cast a vote on behalf of that company, nor shall a personof one company who is registered in the place of a person from another company and appointed tocast 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 withcompetent bodies of law.