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From: Brock N. Meeks <brock () well sf ca us>
Date: Fri, 20 Aug 1993 04:39:42 -0700
Dave -- I broke this story but didn't see much follow-up in the big newspaper press, but I think it's very important story. I thought it might be of interest for the "interesting people" mailing list. AT&T has always had a more than cozy relationship with the federal govt., so to come out with such a harsh letter is really something, at least from my little corner of the world. The follow up story, which I've also written, is that Commerce has indeed acted on AT&T demands. Cheers, Brock =-=-=-=-=-=-= COMMUNICATIONS DAILY copyright 1993 Monday August 9, 1993 May Not Be Redistributed Beyond "Interesting People" mailing list. AT&T CHARGES U.S.-ISRAEL TALKS ON FIBER GEAR THREATEN ITS MARKET by Brock N. Meeks Clinton Administration has begun series of secret negotiations with Israeli govt. in attempt to obtain assurances that latter will restrict exports of Israeli-made high-speed fiber switching gear to China, AT&T said in Aug. 6 letter to Commerce Dept. Such agreements between U.S. and Israel would be necessary because Israeli companies aren't prohibited from exporting such gear, as U.S. companies are. AT&T's harshly worded letter claims White House is violating U.S. law by initating talks, bypassing Commerce Dept. regulations. AT&T, in letter to Iain Baird, acting Asst. Secy. for Export Administration at Commerce, said that for 2 months it has had request in at Commerce for foreign availability assessment of telecommunications equipment controlled by Export Administration Act. AT&T provided Commerce with evidence that high-speed fiber transmission gear -- which U.S. companies currently are banned from exporting -- is "available in fact" to China from Israel. AT&T also submitted evidence that China has its own capability for making such equipment. In light of those facts, "we see no basis for a continued delay and therefore request that the Commerce Department immediately initiate" foreign availability review, AT&T said. AT&T said "it must be assumed" that if U.S. negotiations with Israeli govt. are successful, Commerce will use it to "support a finding that controlled telecommunications transmission equipment is not" readily available to China and that foreign availability doesn't exist. U.S. could then use that finding to keep export control intact. AT&T has been told that Clinton Administration won't lift export restrictions on fiber switching equipment to China, AT&T spokesman said, although company has received no official word from White House. Govt. cited national security concerns in decision, spokesman said. High-speed equipment exports are banned under Coordinating Committee for Multilateral Export Control (COCOM) agreements. AT&T testified last month that ban was costing it millions in lost sales to China. Commerce Secy. Ronald Brown told House Foreign Affairs Subcommittee Aug. 5 that ban was "major impediment" to U.S. businesses and should be reevaluated in light of changing political climate. China's massive push to build up its infrastructure needs fiber backbone and will get switches "if not from Israel today, maybe India tomorrow," AT&T spokesman said. AT&T letter said: "It is our firm view that attempting to eliminate foreign availability by pressuring Israel to halt legitimate commercial exports is short-sighted, counterproductive, harmful to both American and Israeli exporters." Administration's response to evidence submitted by AT&T is "the result of a policy on telecommunications export controls that is seriously flawed," AT&T said. If U.S. is successful in efforts to halt Israeli sales, it "will simply give China added incentive" to further develop its "own indigenous technology." Likely result of that would be "long-term displacement of both American and Israeli exporters... and little apparent advancement of U.S. national security interests," company said. State and Commerce Dept. sources provided little detail on internal debates on easing restrictions other than to say Administration was being pressured by intelligence community and military to keep curbs in place because intelligence-gathering capability would be hampered by high-speed fiber. President Clinton may be bowing to Defense Dept. concerns to help smooth out rocky relations between White House and military, State Dept. source said. Deputy Defense Secy. William Perry is on record as favoring lifting COCOM restrictions on computer equipment but not on telecommunications equipment, which if exported, he said, still would pose security threat. -30-
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