1974-1982 May 21

1974

Tab No. 1. Complaint Nov. 20

1975

Tab No. 2. Answer Feb. 4

Tab No. 3. Pretrial Order 2 of Judge J. C. Waddy ordering parties to brief jurisdictional issue Feb. 27

Tab No. 4. Pretrial Order 3 of Judge Waddy ordering parties to stay all discovery Feb. 27

1976

Tab No. 5. Memorandum opinion and order of Judge Waddy ruling that the court has jurisdiction of at least some aspects of the case Nov. 24

1977

Tab No. 6. Letter from Office of the Clerk of the United States Supreme Court to Harold S. Levy, Esq. of AT&T advising that the Supreme Court had denied defendants' petition for a writ of certiorari Jan. 25

1978

Tab No. 7. Order of Judge H. L. Greene advising that the case has been assigned to him and directing parties to file memoranda concerning the status and procedural posture of the case July 6

Tab No. 8. Opinion of Judge Greene concluding that the court has jurisdiction, setting up a procedure for discovery using statements of contention and proof as a vehicle to narrow and specify the issues in dispute, and resolving certain discovery disputes Sept. 11

Tab No. 9. Pretrial Order 12 ordering a schedule and procedure for discovery and other pretrial proceedings Sept. 11

1980

Tab No. 10. Pretrial Order 18 setting forth ground rules for the stipulation process and other pretrial matters and providing for written testimony Mar. 17

1981

Tab No. 11. Opinion of Judge V. P. Biunno construing the 1956 Final Judgment to permit AT&T to offer detariffed CPE and enhanced services through a fully-separated subsidiary, in compliance with the orders of the Federal Communications Commission in its Computer Inquiry II docket Sept. 3

Tab No. 12. Opinion denying defendants' motion to dismiss the complaint at close of the Government's case in chief but striking certain pricing and market contentions Sept. 11

1982

Tab No. 13. Stipulation of parties to proposed Modification of 1956 Final Judgment Jan. 8

Tab No. 14. Modification of 1956 Final Judgment as proposed by the parties Jan. 8

Tab No. 15. Plaintiff's motion to transfer the 1949 New Jersey suit to the District of Columbia Jan. 8

Tab No. 16. Defendants' notice that they join in plaintiff's motion for transfer Jan. 8

Tab No. 17. Stipulation of the parties for voluntary dismissal of the 1974 suit Jan. 8

Tab No. 18. Order by Judge Greene that the stipulation to dismiss the 1974 suit be lodged with the Clerk of the Court, and setting a hearing Jan. 8

Tab No. 19. Opinion of Judge Biunno entering the modified 1956 Final Judgment and withholding decision whether to transfer the cause to the District of Columbia Jan. 11

Tab No. 20. Transcript of hearing before Judge Greene Jan. 12

Tab No. 21. Judge Biunno's order transferring certain proceedings to the District of Columbia Jan. 14

Tab No. 22. Defendants' letter to Judge Greene requesting the court to conduct proceedings in keeping with the Tunney Act Jan. 18

Tab No. 23. Plaintiff's letter to Judge Greene indicating its desire that Tunney Act proceedings be conducted by the court Jan. 18

Tab No. 24. Judge Biunno's supplemental opinion setting forth conditions of transfer of the New Jersey cause to the District of Columbia Jan. 20

Tab No. 25. Judge Greene's order vacating Judge Biunno's entry of the Modification of the 1956 Final Judgment and setting forth procedures to be followed to determine if the Modified Final Judgment is in the public interest Jan. 21

Tab No. 26. Order of U.S. Court of Appeals (Third Circuit) dismissing as moot appeals from the New Jersey District Court's interpretation of the 1956 Final Judgment and ordering vacation of Judge Biunno's September 3, 1981 opinion construing the Final Judgment Feb. 2

Tab No. 27. Defendants' description of written or oral communications among the parties concerning the Modification of Final Judgment Feb. 5

Tab No. 28. Plaintiff's competitive impact statement Feb. 10

Tab No. 29. Brief of Federal Communications Commission as Amicus Curiae on proposed Modification of Final Judgment Apr. 20

Tab No. 30. Judge Greene's order granting extension of time for the plaintiff to file its comments and relief from publication requirements May 5

Tab No. 31. Public interest comments of plaintiff on proposed Modification of Final Judgment May 20

Tab No. 32. Public interest comments of defendants on proposed Modification of Final Judgment May 21

1982 May 25 - Aug. 24

Tab No. 33. Judge Greene's memorandum setting up procedures for briefing and hearings relating to eight specific issues of concern to him in the public interest proceeding May 25

Tab No. 34. Defendants' brief in response to the court's May 25th memorandum June 14

Tab No. 35. Plaintiff's brief in response to the court's May 25th memorandum June 14

Tab No. 36. Judge Greene's memorandum scheduling the order of argument of the issues identified in his May 25th memorandum June 17

Tab No. 37. Reply brief of defendants June 24

Tab No. 38. Reply brief of plaintiff June 24

Tab No. 39. Judge Greene's opinion indicating that the proposed Decree would be approved by the court, provided that the parties agree to certain amendments Aug. 11

Tab No. 40. Plaintiff's memorandum consenting to amendments to the proposed Decree required by Judge Greene, but respectfully urging the court to consider modifying one of the required amendments Aug. 19

Tab No. 41. Defendants' reply memorandum consenting to the amendments to the proposed Decree required by Judge Greene Aug. 19

Tab No. 42. Memorandum of Judge Greene denying plaintiff's request that the court consider modifying one of the court's required amendments Aug. 23

Tab No. 43. Stipulation of the parties consenting to entry of Modification of Final Judgment and attached revised Modification of Final Judgment as entered by the court Aug. 24

Tab No. 44. Memorandum of plaintiff concerning its decision to accept the revised Decree Aug. 24

Tab No. 45. Order of Judge Greene that stipulation of dismissal previously lodged with Clerk be filed, and dismissing the 1974 case Aug. 24

ISSUE: MARKET ANALYSIS

1. Western Market Share Data

2. Domestic Telecommunications Equipment Competition; Converging Technology

3. Competition from Foreign-based Firms

4. Converging Technology; Common Use of Semiconductor Devices

5. Progressive Integration of Communications and Data Processing

6. Converging Technology; Standardization of Manufacturing Processes, Machinery & Components

7. Equipment Market Definition and Market Power Issues

ISSUE: INTERCITY SERVICES

8. Intercity Services

ISSUE: PROCUREMENT

9. PBX

10. Line Cards

11. 5A CDO

12. Line Cards

13. Digital Carrier

14. 5A CDO; No. 3 Crossbar

15. 5A CDO

16. Intellectual Property Matters

17. No. 3 Crossbar

18. 5A CDO

19. Line Cards

20. Long Haul Microwave

21. Digital Carrier Equipment

22. Analog Microwave Equipment; 5A CDO; Digital Carrier

23. Data Modems

24. Purchasing

25. Transfer Keys

26. Line Cards

27. Equipment Procurement; PBX

28. 5A CDO

29. Information Flow to BOCs

30. Interface Specifications; Information Flow to USITA

31. PBX

32. Transfer Keys

33. 5A CDO

34. ACD; EADAS; ESS

35. 5A CDO; No. 3 Crossbar

ISSUE: STRUCTURE AND PERFORMANCE

AT&T

36. Morris Tanenbaum Executive Vice President

37. Irwin Dorros Assistant Vice President, Network Planning

38. Casimir S. Skrzypczak Director-Fundamental Network Planning

BELL TELEPHONE LABORATORIES, INC.

39. Ian Ross President

40. Solomon J. Buchsbaum Executive Vice President

41. Arno Penzias Executive Director-Research

WESTERN ELECTRIC

42. Donald E. Procknow President

43. Eugene J. Eckel Vice President, Manufacturing-Electronic Components

44. John T. O'Neill Vice President, Bell Sales

45. Robert P. Clagett General Manager, Research and Development

46. Henry S. Pino General Manager, Corporate Analysis

47. Frederick J. Cofer Director, Corporate Analysis

BELL OPERATING COMPANIES

48. William Mobraaten President Bell Telephone Company of Pennsylvania

B. Expert witnesses described studies of the Bell System innovation process and the productivity and efficiency of Bell and Western.

49. Malcolm Schwartz Booz Allen & Hamilton Vice President

50. John W. Kendrick George Washington University Professor of Economics

51. Laurits R. Christensen University of Wisconsin Professor of Economics

52. William F. Pounds Massachusetts Institute of Technology Professor of Management and Former Dean

53. Pat A. Loconto Touche Ross & Co. Principal

C. Leaders of industrial research and development testified about the importance of Bell System integration to the progress of technology and United States technological strength.

54. Pierre R. Aigrain Thomas-Brandt & Thomson CSF General Manager, Science & Technology

55. Edward E. David, Jr. Exxon Research & Engineering Co. President

56. David Packard Hewlett-Packard Co. Chairman of the Board

57. Simon Ramo Former Vice Chairman of Board of TRW

58. Arthur L. Schawlow Stanford University Professor of Physics

59. Charles H. Townes University of California Professor of Physics

D. The benefits of Bell's integrated structure were established by comparisons with other arrangements.

National Institutes of Health

60. Paul R. Lawrence Harvard Graduate School of Business Professor of Organizational Behavior

Defense Department Procurement

61. Austin W. Betts Retired Lt. General, U.S. Army

Electric Utility Industry

62. Bruce C. Netschert National Economic Research Associates Vice President

63. Joseph C. Swidler Former Chairman of Federal Power Commission and New York State Public Service Commission

Air Transportation/Aircraft Industries

64. Nathan Rosenberg Stanford University Professor of Economics

Foreign Telecommunications Systems

65. Carlo Cerutti STET (Italian Telephone Holding Company) Vice Chairman of the Board

66. Jean de Grandpre Bell Canada Chairman and Chief Executive Officer

67. Torsten A. Larsson Swedish Telecommunications Administration Deputy Director General

68. Juan M. Rebollo Castrillo CTNE (Spanish National Telephone Company) Director General

69. Sir William Ryland British Post Office Retired Chairman & Chief Executive

E. An expert testified regarding his study of the business history of AT&T.

70. James P. Baughman Former Harvard University Professor of Business Administration

F. Leading economic experts described the economic imperatives underlying Bell System integration and presented evidence of its performance.

71. Otto Eckstein Harvard University Professor of Economics Data Resources, Inc. Chairman

72. William D. Nordhaus Yale University Professor of Economics

73. Almarin Phillips University of Pennsylvania Professor of Economics

74. Robert S. Olley University of Saskatchewan Professor of Economics

75. David J. Teece Stanford University Professor of Economics

76. Lester C. Thurow Massachusetts Institute of Technology Professor of Management & Economics

G. Authoritative members of the defense community testified as to the importance of the Bell System's integrated structure for national security.

77. Harold Brown Former Secretary of Defense

78. Gerald P. Dinneen Former Assistant Secretary of Defense

79. Lee M. Paschall Retired Lt. General, U.S. Air Force

80. Eugene G. Fubini Consultant

H. Leading authorities testified as to the importance of Bell System integration to the United States' position in international trade, including effects on domestic employment.

81. Robert S. Ingersoll Former Ambassador to Japan and Deputy Secretary of State

82. Philip M. Klutznick Former Secretary of Commerce

83. Harald B. Malmgren Consultant

84. George McGovern Former U.S. Senator from South Dakota and Candidate for President

85. Leonard Woodcock Former President United Auto Workers and Ambassador to People's Republic of China