24 September 2008 ProCom Meeting Minutes

IEEE-SA Standards Board Procedures Committee (ProCom)
APPROVED Minutes
24 September 2008
9:00 a.m. - 12:00 p.m.
Seoul, South Korea

MEMBERS PRESENT
Jim Hughes
Rich Hulett, Chair
David Law
Glenn Parsons
Chuck Powers
Malcolm Thaden

MEMBERS ABSENT
Bill Goldbach

GUESTS
Satish Aggarwal
Victor Berman
Steve Carlson
Clint Chaplin
Wael Diab
Mark Epstein
Alex Gelman
Bob Grow
John Kulick
Hung Ling
Steve Mills
Fran O'Brien
Gary Robinson
Geoff Thompson
Claire Topp, Legal counsel
Howard Wolfman
Don Wright

STAFF
Kim Breitfelder
Rona Gertz
Judy Gorman
Mary Ellen Hanntz
Yvette HoSang [part-time, via phone]
Karen Kenney
Soo Kim
Bob LaBelle
Mary Lynne Nielsen
Moira Patterson
Dave Ringle, Administrator
Susan Tatiner
Jerry Walker
Lisa Yacone

1 CALL TO ORDER

Chair Hulett called the meeting to order at 9:00 a.m. There was a round of introductions by all present.

2 APPROVAL OF AGENDA

Chair Hulett noted that agenda item 4.4 would be taken after agenda item 3. It would then be followed by 4.3 and then a return to 4.1.

Agenda item 5.5 AudCom P&P Changes - Parsons was added.

There was a motion to approve the agenda. The motion was approved by unanimous consent.

3 APPROVAL OF THE 10 JUNE 2008 ProCom MINUTES

There was a motion to approve the previous meeting minutes. The motion was approved by unanimous consent.

4 OLD/UNFINISHED BUSINESS

4.1 Status of ProCom Items Balloted by SASB - Ringle
4.1.1 Change A - SA OpMan and SASB OpMan RE: External Representatives
4.1.2 Change B - SASB OpMan RE: Appeals Pool
4.1.3 Change C - SASB Bylaws RE: Entity Working Groups
4.1.4 Change D - SASB OpMan RE: Sponsor Withdrawals
4.1.5 Change E - SASB OpMan RE: Participant Database

Dave Ringle reported that Change A was not approved by the SASB. The External Representatives Ad Hoc convened after the close of the SASB ballot, reviewed the comments received, and proposed changes to the P&P text. These changes were discussed under agenda item 4.2.

Dave reported that Changes B-E were approved by the SASB. ProCom reviewed the SASB comments received on these changes. For Changes B-D, no further changes were proposed. For Change E, no further changes were proposed; but, an ad hoc was formed.

The ad hoc [Glenn Parsons (Chair), Bob Grow, David Law, Geoff Thompson, and Dave Ringle] will examine the text changes made in Change E to determine if the scope of the related text in SASB Bylaws 5.2.1 has been adequately covered in the SASB OpMan.

4.2 External Representatives Ad Hoc Update - Law

David Law discussed the comments received during the SASB ballot and the proposed changes recommended by the Ad Hoc.

There was a motion to forward the wording changes [below] to the Standards Board for an approval vote. The motion was unanimously approved.

"IEEE Standards Association Operations Manual

1. Introduction

1.2 Mission

The IEEE Standards Association provides a standards program that serves the global needs of industry, government, and the public. It also works to assure the effectiveness and high visibility of this standards program both within the IEEE and throughout the global community.

When appropriate, the IEEE-SA will cooperate with standardizing groups throughout the world in the preparation of standards involving an area of interest within the scope of the IEEE. Approval of a standard by the IEEE-SA signifies that the IEEE believes the document to be consistent with good engineering practice and that it represents a consensus of representatives from materially affected industries, governments, or public interests.

The IEEE-SA is assigned authority for the standardization activities of the IEEE by the IEEE Board of Directors. The IEEE-SA fulfills this assignment by activities such as but not limited to:

a) Encouraging active development of needed standards. This involves, for example, promotion of open and innovative deliberations that result in broad consensus in accordance with due process procedures detailed in the bylaws and operations manuals of the subsidiary boards and committees of the IEEE-SA BOG.
b) Building upon the strengths of the standards developing community by involving appropriate interests and outside organizations.
c) Representing IEEE to external bodies on standards matters. This includes providing for cooperation with, and IEEE participation in, the activities of other organizations consistent with its scope and responsibilities.
d) Appointing External Representatives ~~IEEE members~~ to participate in external bodies on standards matters (see 7.1) ~~based on nominations submitted by the IEEE Societies~~. The IEEE-SA also provides speakers to make presentations at meetings and conferences on subjects related to IEEE's standards interests and to participate in panels on standards-related subjects.

7. Relationships with other organizations

In accordance with IEEE Bylaw I-304.6, the IEEE-SA is the only body authorized to represent IEEE on matters concerning IEEE standards activity. IEEE-SA's participation and membership in other standards organizations shall in no way diminish its independence and authority over its own standards-development activity.

The positions of other standards organizations in which the IEEE-SA participates are not necessarily those of the IEEE or of the IEEE-SA.

The IEEE-SA staff, working with the other organizations involved, is responsible for negotiating any business and legal agreements with other organizations. The IEEE-SA staff negotiates agreements consistent with the strategic and financial direction set by the IEEE-SA BOG.

No IEEE Standards Sponsor, working group, or volunteer can develop an agreement for the IEEE-SA without the participation of an IEEE-SA staff member. Signing authority on behalf of the IEEE-SA for any agreement shall rest with the Managing Director, IEEE-SA ~~Standards~~.

7.1 External Representatives

The policies and procedures stated in this manual apply to External Representatives of the IEEE for which the IEEE-SA has oversight responsibility.

7.1.1 Definition

An External Representative (ER) is a volunteer who has been appointed by the IEEE-SA to represent the IEEE on standards matters to an organization, committee, or entity external to the IEEE. An ER is not a volunteer who serves as a liaison between an IEEE-SA committee and an external committee acting only as an information conduit.

An Owning Board/Committee (OBC) is an IEEE-SA board, an IEEE-SA committee, or standards Sponsor responsible for ensuring that positions taken by an ER represent consensus views of the OBC and the IEEE-SA.

7.1.2 Requirements and oversight

A request to establish a new ER position shall be reviewed by both the IEEE-SA BOG and the IEEE-SA Standards Board to determine the appropriateness of the ER relationship and to determine the OBC.

The ER shall be an IEEE member of any grade except Student grade and shall be a member of the IEEE-SA. The ER shall be a member or designee of the OBC.

If an OBC ceases to function as an OBC, the ER will be responsible to the next higher board/committee until a replacement OBC is identified. The ER shall supply the next higher board/committee with the required documentation to enable it to take on this function.

The chair of an OBC shall not serve as an ER unless an exception is granted by the next higher board/committee upon the request of the OBC. The next higher board/committee may accept or deny the request and, at its discretion, may become the Owning Board/Committee for the purposes of this representation. The next higher board/committee may also grant the exception with such conditions as it believes are necessary to assure that the ER can adequately represent the IEEE-SA while serving as chair of the OBC. If the next higher board/committee becomes the OBC for the purposes of this representation, then the ER shall provide the reports described in 7.1.4 to this next higher board/committee.

The ER shall act in the interest of the IEEE-SA at all times. The ER should refer to documented IEEE-SA objectives or consensus positions wherever possible and should encourage development and documentation of relevant objectives or positions where they do not exist. Where time or circumstance does not allow for adequate discussion with the OBC, it is recognized that an ER may not be able to solely rely on documented IEEE-SA objectives and should use his or her best judgment in representing the IEEE-SA.

An ER may serve in a capacity where there is a requirement, or an expectation, that he or she fulfill a duty, fiduciary or otherwise, to another organization. This includes, but is not limited to, the external organization to which the ER has been appointed to represent the IEEE-SA, the employer of the ER, and any organization to which the ER is affiliated. This may result in a conflict for the ER between his or her duty to the IEEE-SA and his or her duty to another organization. Should such a conflict arise over an issue, the ER shall recuse him or herself from that issue and report this action back to the OBC. The OBC shall then decide the best course of action to provide the IEEE-SA position on the issue to the external organization. Duty to the IEEE-SA takes priority, and this is met as a result of the recusal.

7.1.3 Attributes

When appointing an ER the OBC shall review the following:

-- Scientific and technical expertise (e.g., membership of relevant technical societies) relevant to the scope of operations and activities of the external organization, committee, or entity.
-- Familiarity with the operations and goals of the specific external organization, committee, or entity.
-- The ability to articulate IEEE-SA goals, objectives, and activities clearly in the context of the external organization, committee, or entity.

Before an individual can serve as an ER, the OBC shall determine that the individual does not have a conflict of interest with respect to the activities of the specific external organization, committee, or entity to which the ER would represent the IEEE-SA. To enable the OBC to make this determination, the individual shall

a) File, with the OBC and the Secretary of the IEEE-SA Standards Board, a letter stating their affiliation(s). This disclosure of affiliation shall meet the requirements of IEEE-SA Standards Board Operations Manual 5.3.3.1 and 5.3.3.2 and shall be signed by the individual.
b) File, with the OBC and the Secretary of the IEEE-SA Standards Board, a letter of endorsement from each affiliation disclosed. The letter(s) shall document several key factors relative to their position as the ER and is to be signed by both the individual and an individual who has management responsibility for the individual for that affiliation. The letter(s) shall contain at least the following:
i) Statement of qualification based on expertise in respect to the attributes described above
ii) Statement of support for providing necessary resources (e.g., time, travel expenses to meetings), and
iii) Recognition that the individual is expected to act in accordance with the conditions stated in subclause 7.1.2; in particular that the individual, when serving as the ER, 'shall act in the interest of the IEEE-SA at all times'.
c) File a completed IEEE-SA Conflict of Interest Disclosure Statement with the Secretary of the IEEE-SA Standards Board.

An ER shall update existing, or file new, documentation whenever necessary due to a change in circumstances that would make the existing documentation in any way inaccurate.

7.1.4 Reports

The ER shall provide regular reports to the OBC, which shall include:

a) A description of the OBC's objectives and guidance for participation in the external organization.
b) A summary of significant positions and actions taken by the ER.
c) Results achieved in the external organization, committee, or entity, including a summary of points of agreement and disagreement.
d) A summary of any issues for which the ER recused him or herself.
e) A summary of future plans and milestones for the ER.
f) A summary of the future activities and plans established by the external organization, committee, or entity.
g) Requests for guidance with respect to participation in the external organization, committee, or entity, when appropriate.

7.1.5 Duties of the Owning Board/Committee

7.1.5.1 Appointment

Each ER shall be appointed for a term of no less than one year, and may be reappointed at the discretion of the OBC. Before an individual can serve as an ER, the IEEE-SA BOG shall confirm their appointment, or reappointment, to that position.

7.1.5.2 Annual review

The OBC shall establish report deadlines for ERs under its responsibility (see 7.1.4).

The OBC having responsibility for providing oversight to an ER shall implement an annual review of the external relationship. The review shall document the effectiveness and value of maintaining the IEEE-SA's external involvement. The annual review shall serve as the basis for consideration of continuing the external relationship in its existing format, making changes, or discontinuing the relationship.

The OBC shall provide an annual report to both the IEEE-SA Board of Governors and the IEEE-SA Standards Board on the status of ERs under its responsibility.

7.1.5.3 Liaison relationships with other committees within IEEE-SA

The OBC shall identify other committees within IEEE-SA that would have an interest in positions taken by the ER under the OBC's responsibility. The OBC shall develop liaison relationships with those other committees and shall keep them informed on positions taken by the ER.

7.1.6 Public listing of ERs

The IEEE-SA Board of Governors shall maintain a list of all ERs on the IEEE-SA web site. The web site will include a link to an email alias that will allow any comments about ER activity to be submitted to IEEE-SA staff, who will then direct their handling through appropriate channels.

7.12 International organizations

The IEEE-SA participates in the programs of the International Electrotechnical Commission (IEC), the International Organization for Standardization (ISO), and the International Telecommunications Union (ITU). IEEE-SA representatives and IEEE members also serve on a number of international advisory committees.

7.12.1 Regional organizations

The IEEE-SA participates in the programs of regional standardization bodies that develop standards in the fields of interest of the IEEE. Consideration is given to the programs of many regional organizations, such as the European Telecommunications Standards Institute (ETSI) and the European Committee for Electrotechnical Standardization (CENELEC).

7.23 National standards bodies

IEEE standards may be submitted (with written permission from the Managing Director of the IEEE Standards Department) to any national standards body for recognition by that national body as its national standard.

7.34 ANSI Accredited Standards Committees (ASCs)

The IEEE participates in appropriate ASCs, which are standards committees whose processes are accredited for openness and consensus under the procedures of the American National Standards Institute (ANSI) (see subclause 7.1 of the IEEE-SA Standards Board Operation Manual).

The IEEE-SA has also assumed the secretariat of a number of ASCs within the scope of the IEEE.

7.45 Cooperative standards development

The IEEE Standards Association benefits by establishing cooperative agreements with other standards organizations.

Cooperative agreements help the IEEE-SA to avoid duplication in standards efforts and develop standards in a financially responsible manner.

7.56 Memoranda of understanding (MOUs)

An MOU sets forth the relationship and obligations of the involved parties. An MOU is required when the IEEE-SA and a non-IEEE organizational unit (including trade associations and consortia) agree to cooperate on an IEEE standards project or a series of IEEE standards.

An MOU shall describe the following areas as appropriate:

a) The financial responsibilities of each organizational unit;
b) Intellectual property rights associated with the standard or standards;
c) Provisions for dissolving the cooperative effort;
d) Use of the IEEE logo (see IEEE Policy 6.3.2);
e) Assignment of meeting management and other administrative responsibilities (such as assignment of chairs, steering committee obligations, and locations of meetings).

The IEEE-SA shall assure that the IEEE financial responsibility is limited to reasonable limitations on the current assets of the IEEE-SA and does not extend to the general funds of the IEEE. All MOUs with non-IEEE entities shall undergo legal review prior to signing.

IEEE-SA Standards Board Operations Manual

3. Abbreviations and acronyms

AdCom: IEEE-SA Standards Board Administrative Committee

ANSI: American National Standards Institute

ASC: ANSI Accredited Standards Committee

AudCom: IEEE-SA Standards Board Audit Committee

IEEE: Institute of Electrical and Electronics Engineers

NesCom: IEEE-SA Standards Board New Standards Committee

PAR: Project Authorization Request

PatCom: IEEE-SA Standards Board Patent Committee

ProCom: IEEE-SA Standards Board Procedures Committee

RevCom: IEEE-SA Standards Board Standards Review Committee

TC: Technical Committee

SCC: Standards Coordinating Committee

SDO: Standards-Developing Organization

WG: Working Group

7.1 IEEE representatives on ANSI Accredited Standards Committees (ASCs)

7.1.1 General

The IEEE is represented on ASCs in which it has a substantial interest. This provides IEEE an opportunity to have a direct influence on the development of an American National Standard generated by the ASC. Positions have been allotted the IEEE as a substantially interested standards-developing organization.

7.1.2 Assignment of positions

The positions allotted to the IEEE are assigned by the IEEE-SA Standards Board to IEEE Societies having a substantial interest in the work of an ASC. The Societies reassign the positions to their substantially interested Technical Committees (TCs). In making these recommendations to ASCs where the IEEE is the secretariat and responsible for balance, the IEEE Societies shall attempt to achieve overall balance within the ASC through the selection of appropriate IEEE delegates ~~(see 5.4.1)~~.

7.1.3 Appointment of IEEE representatives

IEEE representatives on ASCs are appointed by the IEEE-SA Standards Board from nominations submitted by the appropriate Society or SCC that provides technical instruction to the representative.

7.1.4 Instructions to IEEE representatives on ASCs

7.1.4.1 Source of instructions

IEEE representatives and their alternates shall utilize the expertise of the members of their sponsoring group or TC to develop an IEEE position on proposed standards being considered by their ASC. They shall report at meetings of their Sponsor on the activities of their ASC, either in person or by a written report to be included in the minutes of the meeting, to inform the members of the work of the standards committee. They shall solicit comments and suggestions from interested members of their Sponsor in order to establish their position on projects under consideration, and to identify substantially interested members to whom they can turn for advice and recommendations on short notice. They shall work with the chair and the IEEE-SA Standards Board liaison representative of their Sponsor to ensure that they act in accordance with the consensus within the Sponsor. In the absence of instructions, they shall use their best judgment based on their experience as a member of their Sponsor to support the position with which they believe the membership would agree. All ballot actions taken by IEEE representatives shall be reported to the sponsoring committee. On all policy matters coming before this committee, the representative shall solicit instructions from the IEEE-SA Standards Board.

7.1.5 Coordination within the IEEE

Where there are two or more representatives, the IEEE-SA Standards Board will appoint a head of delegation, generally from the TC having the primary interest in the ASC. The head of delegation is responsible for supervising the work of the IEEE delegation, particularly the coordination of the positions of the representatives and alternates based on the instructions from their respective Sponsors. A unified position shall be developed to be supported unanimously by the IEEE delegation. In the case of letter ballots, various methods may be used to secure the unanimous vote:

a) Each representative and alternate may send his or her completed ballot to the head of delegation who mails it in when a unanimous vote has been obtained.
b) Each representative and alternate notifies the head of delegation how he or she intends to vote, or sends a copy of his or her executed ballot. The head of delegation notifies them to mail their ballots when the vote is unanimous.
c) The head of delegation sends his or her recommended vote with reasons to the other members of the delegation with a deadline for returning objections. If no objections are received within the time limit, the head of delegation directs the members to execute their ballots in accordance with the recommendation.

Unanimity is required within the IEEE delegation because the members represent IEEE and not their individual Sponsors. Positions are assigned to the Sponsors in order to provide a recognized spokesperson from the Sponsor to facilitate coordination within the IEEE delegation. Therefore, if a representative on an ASC determines that a project within the committee might be of interest to an unrepresented Society or TC, he or she should notify the organization (generally through its IEEE-SA Standards Board liaison representative) and furnish requested information. Normally, temporary interest can be handled by an existing representative, but if the organization wishes the assignment of a position on the ASC, it should make a request to the Secretary of the IEEE-SA Standards Board and submit a nominee.

7.1.6 Balloting on IEEE standards in an ASC

When an ASC ballots on an IEEE standard for adoption as an American National Standard, the IEEE delegation shall support the adoption of the IEEE standard without change, and vote in the affirmative on the ballot. If there are objections to the IEEE standard, the IEEE delegation shall point out that proposed changes require prior approval by the proprietary Sponsor. The IEEE delegation provides the liaison between the ASC and the IEEE Sponsor to resolve the objections. If resolution results in substantial changes, the revision shall be submitted to the IEEE-SA Standards Board for approval as a revision.

7.2 IEEE Category D Liaisons with the International Electrotechnical Commission (IEC)

7.2.1 Definition of a Category D Liaison

Category D Liaisons only apply to the International Electrotechnical Commission (IEC).

The ISO/IEC Directives defines Category D Liaisons as organizations that make a technical contribution to and participate actively in the work of an IEC working group, maintenance team, or project team.

7.2.2 General Requirements for the Establishment of an IEEE Category D Liaison

The IEEE Committee requesting the Category D Liaison shall be multinational in objectives and standards development activities, with individual or entity membership, and may be permanent or transient in nature.

The IEEE Committee shall have a sufficient degree of representation within its defined area of competence; within a sector or subsector of the relevant technical or industrial field.

The IEEE Committee shall be willing to make a contribution, in the form of comments to drafts, to the IEC as appropriate.

In order to be effective, the liaison relationship shall operate in both directions.

7.2.3 Establishing a Category D Liaison

The IEEE Committee Chair shall work with appropriate IEEE-SA staff to draft a letter to the Secretary of the relevant IEC Technical Committee/Subcommittee requesting a Category D liaison between the two groups. The letter shall include a rationale for the liaison relationship, as well as an indication of how the IEEE Committee meets the general requirements given in Clause 7.2.2.

Once approval for a Category D Liaison has been granted by the IEC, the request for an IEEE Category D Liaison shall be forwarded to the IEEE-SA Standards Board for approval consideration.

7.2.4 Appointment of IEEE Category D Liaison Representatives

Once approval for a Category D Liaison has been granted by the IEEE-SA Standards Board, the IEEE Committee holding the liaison relationship shall appoint a representative and notify the appropriate IEEE-SA staff with the name and contact information of the representative.

7.2.5 Participation on an IEC Working Group/Maintenance Team/Project Team

A Category D Liaison representative has the right to participate and vote as a member at the level of an IEC Technical Committee/Subcommittee working group, maintenance team, or project team. This expert acts as the official representative of the IEEE Committee from which he or she is appointed.

Participation at the IEC Technical Committee/Subcommittee level is by country representation only. Category D liaisons may not participate in the work at the IEC Technical Committee/Subcommittee level, which means they cannot participate in IEC Technical Committee/Subcommittee meetings and may not propose new work items, other than Publicly Available Specifications.

7.2.6 Responsibilities of a Category D Liaison

A Category D Liaison provides coordination and communication between the IEEE and the IEC on matters of mutual interest.

The Category D Liaison develops the formal position of the IEEE Committee on IEC standards under development in a working group, maintenance team, or project team.

The Category D Liaison is responsible for protecting the intellectual property rights of IEEE standards and IEC standards. If the Category D Liaison wishes to introduce an IEEE document to an IEC Working Group for its consideration, the appropriate IEEE copyright information shall be on the document. If the IEC Working Group wishes to adopt the document whole or in part, the Category D Liaison shall contact the IEEE-SA Manager, Standards Intellectual Property.

The Category D Liaison assists the IEEE and the IEC in identifying possible candidates for submission as Dual Logo documents.

The Category D Liaison assists the IEEE in identifying future collaborative work, which may include documents that previously were either

a) Developed jointly with the IEC, or
b) Adopted in part by the IEC, or
c) Adopted whole by the IEC.

The appropriate IEEE-SA staff shall be copied on all correspondence between the Category D Liaison and the IEC.

7.2.7 Annual Reconfirmation of Category D Liaisons

Every year, the appropriate IEEE-SA staff shall review the IEEE Category D Liaison list to verify which relationships remain active. The list of active Category D Liaisons shall then be placed on the March IEEE-SA Standards Board agenda for reconfirmation."

RATIONALE:
Having approved the proposal on external representation, the BOG requests the SASB to develop necessary changes to the appropriate SA policy documents to integrate this policy. Additionally, the SASB is asked to extend their work on declaration of affiliation, conflict of interest, and ethics policy to cover individuals serving in a position of IEEE External Representatives."

4.3 Copyright Ad Hoc Update - Law

David Law stated that the Ad Hoc had prepared proposed P&P changes to the SASB Bylaws and the SASB OpMan.

There was a motion to forward the Bylaws wording changes [below] to the Standards Board for an approval vote. The motion was unanimously approved.

There was a motion to forward the OpMan wording changes [below] to the Standards Board for an approval vote. The motion was unanimously approved.

"IEEE-SA Standards Board Bylaws

7. Copyright

All contributions to IEEE standards development (whether for an individual or entity standard) shall meet the requirements outlined in this clause.

7.1 Definitions

The following terms, when capitalized, have the following meanings:

"Contributions from Previously Printed Sources" shall mean materials that were published prior to participation in an IEEE Standards group (including IEEE Standards working groups) or balloting group, or created for a purpose other than as a contribution to a Standards group or balloting group.

"Contributions Developed as a Participant" shall mean materials specifically developed as a participant in a IEEE Standards group or balloting group, or submitted spontaneously during a Standards group, balloting group, or IEEE standards development exchange.

7.2 Policy

Participants are responsible for determining whether disclosure of any contributions submitted by them to the IEEE requires the prior consent of other parties and, if so, to obtain it. This includes any needed clearances or disclosures related to proprietary or restricted information.

7.2.1 Contributions from Previously Printed Sources

All Contributions from Previously Printed Sources <link to definition in paragraph> must be accompanied by a Copyright Permission Form, which outlines the specific material being used and the planned context for its usage in the IEEE standard.

7.2.2 Contributions Developed as a Participant

Any participant who submits Contributions Developed as a Participant <link to definition in paragraph> conveys the following rights to the IEEE:

a) IEEE has the non-exclusive, irrevocable, royalty-free, worldwide rights (a license) to use the Contribution in any format or media, without restriction, and with the right to modify in any way:
(i) In connection with the proposed project to which the contribution was made; and
(ii) Upon approval of the resulting standard, for any use or purpose and/or in connection with any product or service.
Ownership of the copyright in the Contribution remains with the contributor and is not transferred or assigned to the IEEE.
b) IEEE owns the copyright for the Work Product (i.e., the collective work of all participants; for example, the draft standard and final approved standard).
c) The IEEE owns the copyright of any derivative works it develops based on the Work Product.
d) Participants who compile contributions while acting in the role of Editor (whether elected or assigned) do so with the understanding that IEEE owns the compilation and will be the copyright owner of the final Work Product.

Participants whose contributions are owned by their employer or a third party are required to inform their employer or any applicable third party of the IEEE-SA Copyright Policy, and confirm their agreement. Participants must actively determine that their employers or applicable third parties do in fact agree to the Copyright Policy prior to contributing to any Standards group. By contributing to the Standards group, whether verbally or in a recorded format, the participant conveys the rights stated in the IEEE-SA Copyright Policy.

Renumber:
78. Modifications to the IEEE-SA Standards Board Bylaws

78.1 Interpretations of the IEEE-SA Standards Board Bylaws

IEEE-SA Standards Board Operations Manual

6.1 Copyright

The IEEE owns the copyright of draft and approved IEEE standards. All IEEE standards are copyrighted by the IEEE under the provisions of the US Copyright Act.

Contributions made by participants in an IEEE-SA standards development meeting, whether the contributions are created by the participants or taken from other sources, are subject to the IEEE-SA Copyright Policy set forth in Clause 7 of the IEEE-SA Standards Board Bylaws. The Chair, or the Chair's delegate, of an IEEE-SA standards-development meeting shall inform the participants at the meeting of their duty to comply with the IEEE-SA Copyright Policy. The minutes of the meeting shall record that the participants were informed of this duty.

6.1.1 Project Authorization Request (PAR)

As part of the initial PAR procedure, the committee or working group shall appoint a chair who shall sign a Copyright Agreement acknowledging that the proposed standard constitutes a "work made for hire" as defined by the Copyright Act, and that as to any work not so defined, any rights or interest in the copyright to the standards publication is transferred to the IEEE. Except as noted below, the IEEE is the sole copyright owner of all material included in the standard.

At the time of a PAR is submitted for initial approval ~~completion~~, any previously copyrighted material intended for inclusion in the proposed IEEE standard shall be identified on the PAR. The working group is responsible for receiving written permission to use all previously copyrighted material prior to the start of ballot invitation or prior to the next recirculation ballot if the excerpted material is inserted during comment resolution. ~~Sample form letters are available in the IEEE Standards Style Manual.~~

6.1.2 Contributions from previously printed sources

IEEE Permission Form Letters must be used to request and grant such permissions. Permission Form Letters to use material unchanged or modified are available online. Agreements that do not conform to the IEEE Permission Form Letters are possible, but such requests <insert link to stds-ipr@ieee.org> must be in writing and must be approved by the IEEE.

Participants in an IEEE Standards group who submit Contributions from Previously Printed Sources shall notify the Chair of the need for permission, and should assist the Chair in obtaining that permission. Working Group Chairs are responsible for requesting permission from external entities and forwarding the completed response forms to the IEEE <insert link to stds-style@ieee.org>.

6.1.32 Drafts of proposed IEEE standards

All drafts of proposed IEEE standards shall contain the copyright statement provided in subclause 4.2.2 of the IEEE Standards Style Manual.

RATIONALE:
Implementation of the Copyright policy."

The Ad Hoc had also created text for a web page and a set of FAQs. The Ad Hoc will synch these documents with the P&P language, in preparation for the December ProCom meeting. In addition, the Ad Hoc will compose a new FAQ to describe 'published' (See Bylaws 7.1).

4.4 Obligations and IEEE Code of Ethics - HoSang

Yvette HoSang led discussion on the proposed P&P changes.

There was a motion to forward the wording changes [below] to the Standards Board for an approval vote. The motion was unanimously approved.

"IEEE Standards Association Operations Manual

4.2 IEEE-SA BOG membership

4.2.1 IEEE-SA BOG member qualifications

All members of the IEEE-SA BOG shall act in accordance with IEEE Standards policies and procedures, IEEE Policies including, but not limited to, Section 9.9 on Conflict of Interest, and the IEEE Code of Ethics. Members of the IEEE-SA BOG shall reflect the technical and global standards interests of the IEEE. No individual IEEE Society or council, or government, or industry should be over-represented in the structure of the IEEE-SA BOG.

5. Standing committees of the IEEE-SA BOG

All standing committees of the BOG, as well as any ad hoc committees appointed by the BOG, shall act in accordance with IEEE Standards policies and procedures, IEEE Policies including, but not limited to, Section 9.9 on Conflict of Interest, and the IEEE Code of Ethics.

IEEE-SA Standards Board Bylaws

4.2 Standing committees of the IEEE-SA Standards Board

All members of the standing committees of the IEEE-SA Standards Board shall be members of the IEEE Standards Association, and shall act in accordance with IEEE Standards policies and procedures, IEEE Policies including, but not limited to, Section 9.9 on Conflict of Interest, and the IEEE Code of Ethics.

5.2.1 Participation in IEEE standards development

Participants in IEEE standards development shall act based on their qualifications, beliefs, and experience. ~~All participants in IEEE standards development are expected to be familiar with, and act in accordance with, the IEEE Code of Ethics.~~ Participants shall act in accordance with all applicable laws (nation-based and international), the IEEE Code of Ethics, and with IEEE Standards policies and procedures.

Participants on standards committees or working groups with governance authority or the authority to enter into a financial transaction with another party shall also act in accordance with IEEE Policies Section 9.9 on Conflict of Interest.

IEEE Standards Sponsor chairs and Sponsor liaison representatives shall be members of IEEE-SA and shall also be either IEEE members of any grade or IEEE affiliates.

RATIONALE:
Implementation of the Obligations for Participation and Code of Ethics for participants in IEEE standards development."

An ad hoc group [David Law (Chair), Chuck Powers, Geoff Thompson, Yvette HoSang, Dave Ringle, and Susan Tatiner] was created to work on the following:

- Consider moving the indemnification text that had been proposed for SASB Bylaws 5.2.1 to the SASB OpMan
- Update the myProject web page
- Create an implementation plan, which could include slides similar to the PatCom 'Call for Patents' slide set

4.5 Study Group Guidelines Ad Hoc Update - Powers

No discussion was held on this item. It will be moved to the December ProCom agenda.

4.6 Vote Change Ad Hoc Update - Goldbach

Bill Goldbach had notified Chair Hulett via email that he was unable to lead this ad hoc.

A new ad hoc [Malcolm Thaden (Chair), Jim Hughes, David Law, and Dave Ringle] was formed to work on this issue (See June 2008 ProCom minutes, item 5.4).

5 NEW BUSINESS

5.1 Proposed Changes to IEEE-SASB Operations Manual RE: Appeals Panel - Powers

There was a motion to forward the wording changes [below] to the Standards Board for an approval vote. The motion was unanimously approved.

"IEEE-SA Standards Board Operations Manual

5.8 Appeals

5.8.1 Appeals pool

The IEEE-SA Standards Board Chair shall select six to nine members of the IEEE-SA Standards Board to serve as the appeals pool.

The Past Chair of the IEEE-SA Standards Board shall serve as the SASB Vice Chair for Appeals. If the SASB Vice Chair for Appeals has a conflict regarding the subject matter of an appeal, the IEEE-SA Standards Board Chair shall appoint another member of the IEEE-SA Standards Board to serve as the SASB Vice Chair for Appeals for that particular appeal.

Members of the appeals pool will serve until a new appeals pool is appointed.

5.8.4 Appeals panel

The IEEE-SA Standards Board Chair shall appoint from the appeals pool an Appeal Panel consisting of a chair and two other members who have not been directly involved in the matter in dispute, and who will not be materially or directly affected by any decisions made concerning the dispute ("Appeal Panel"). At least two members shall be acceptable to the appellant and at least two shall be acceptable to the appellee. If the parties to the appeal cannot agree on an Appeal Panel within a reasonable amount of time, the matter shall be referred to the IEEE-SA Standards Board, which shall appoint the members of the Appeal Panel. If an Appeal Panel member resigns or is removed from the Appeal Panel at any time before the appeal hearing, then the IEEE-SA Standards Board Chair shall appoint a replacement from the appeals pool. The replacement shall be subject to the acceptability criteria described above.

To ensure continuity of the appeals process, a specific Appeal Panel will remain impaneled until the publication of the Appeals Panel's final decision(s).

RATIONALE:
Although the appeals pool is selected for a specific calendar year, it is possible that the appeal process involving a specific Appeal Panel could extend beyond the calendar year in which that particular Appeal Panel was selected. For example, for an appeal to be scheduled for a hearing during the March SASB series, the Appeal Panel will very likely need to be in place before the new pool for that year is established. The revised text will ensure that a) an appeals pool clear serves until a new appeals pool is ratified by the IEEE SASB, and b) any specific Appeal Panel will survive until the appeals process is completed, regardless of whether the appeal process carries over into the next calendar year. This will allow appeals which are raised late in the year to receive a timely hearing, without a disruption to the appeal process."

5.2 Proposed Changes to IEEE-SASB Operations Manual RE: Stabilized Standards - Ringle

There was a motion to forward the wording changes [below] to the Standards Board for an approval vote. The motion was unanimously approved.

"IEEE-SA Standards Board Operations Manual

9.3 Stabilized standards

A standard meeting the criteria for stabilization (see 1.2) is eligible for stabilization if the standard has been reaffirmed at least once, and at least ten years have passed since the initial approval (in instances where no subsequent changes were made to the standard), or last revision or amendment of the standard.

An initial stabilization ballot is required before the standard can be submitted to the IEEE-SA Standards Board for approval as a stabilized standard. The ballot shall meet all the criteria of 5.4 and shall be conducted so that balloters can confirm that the standard meets the criteria for stabilization. Prior to the initial stabilization ballot, a Mandatory Editorial Coordination review of the document to ensure eligibility for stabilization is required.

If the stabilization ballot is completed successfully, the Sponsor will be able to submit a request for stabilization and applicable ballot results to RevCom, which will make a recommendation to the IEEE-SA Standards Board. Upon approval, notification shall be made informing interested parties of the stabilization action. Stabilized standards are required to be confirmed by stabilization ballot on a routine ten-year cycle.

Recommendations to change the status of a stabilized standard may be submitted at any time by any materially affected and interested party. Any recommendations that are submitted should include a rationale as to why a revision or withdrawal is required. However, a recommendation shall not be dismissed due to the fact that the recommendation does not necessarily suggest a specific revision or change to the standard. All recommendations shall be submitted or confirmed in writing to the Secretary of the IEEE-SA Standards Board, who shall forward the request to the appropriate Sponsor.

If a recommendation is made at any time to revise or withdraw a stabilized standard, then that recommendation shall be considered by a designated group identified by the Sponsor within a maximum of 60 days from receipt. The submitter of such a recommendation shall be responded to in writing by the Sponsor within 60 days of the receipt of the recommendation and advised of the decision relative to the maintenance status of the standard. A copy for IEEE records shall be forwarded to the Secretary of the IEEE-SA Standards Board, together with a list of the members of the designated group that considered the recommendations.

If the Sponsor is unable to reach consensus on a stabilization response, the Sponsor can respond to the requestor that the recommendation will be forwarded for consideration during the next stabilization ballot. It should be noted that, if the Sponsor cannot issue a response, this area of the standard should be considered for revision and shall be highlighted during the next required stabilization ballot if a revision is not completed. Such stabilization ballot shall then be initiated within 60 days of the notification to the requestor that the Sponsor was unable to reach consensus. The stabilization ballot shall highlight the requestor's recommendation and the fact that the Sponsor was unable to reach consensus.

If the stabilization recommendation requires an interpretation, the interpretation process shall be used to develop a response.

If maintenance of a stabilized standard is justified, a revision project shall be initiated. The stabilized standard shall be superseded upon IEEE-SA Standards Board approval of the active, revision standard.

RATIONALE:
IEEE sent its updated P&P documents to ANSI for review/approval in January 2008. In July 2008 the following comment was received:
"The Executive Standards Council's Subcommittee on Accreditation (SC-A) has completed its review of IEEE's revised standards board bylaws and operations manual, and has the following comments:

- Change 12: para. 9.3, third paragraph from the end of this paragraph - states that if the Sponsor is unable to reach consensus on a stabilization response, the Sponsor can respond to the requestor that the recommendation will be forwarded for consideration during the next stabilization ballot.

This does not appear to meet the intent of para. 4.7.3 of the ANSI Essential Requirements, which states..."The submitter of such a recommendation shall be responded to in writing by the standards developer within 60 days of the receipt of the recommendation and advised of the decision relative to the maintenance status of the standard."

The ER seems to require that the developer reach some decision within 60 days. IEEE's proposal appears to state that, if the Sponsor can't agree on something within 60 days, they will hold the item for consideration for the next stabilization review ballot. But, that can be 10 years later. It doesn't seem appropriate to allow a developer to wait 10 years to consider a proposed revision just because they can't reach consensus within 60 days."

IEEE staff had email dialogue with ANSI, attempting to persuade the ExSC (SC-A) why the current P&P language was appropriate. Bottom-line, they did not agree.

The proposed changes are being made to ensure that IEEE retains its ANSI accreditation.

The proposed changes would mandate a stabilization ballot in the event that a Sponsor was unable to reach consensus on a stabilization response."

5.3 2009 Standards Style Manual - Breitfelder

Kim Breitfelder notified the ProCom members that the next version of the Style Manual would be sent to them for review on 3 November. Staff would appreciate the return of any comments by 24 November.

5.4 ANSI P&P and Trial Use Standards - Ringle

Dave Ringle had previously notified the Committee of the potential for ANSI to modify the ANSI Essential Requirements P&P language related to trial-use standards. At the meeting, Dave gave an update - that the ANSI Executive Standards Council had recommended the removal of the trial-use option for American National Standards.

This will not preclude a standards developing organization [e.g., IEEE-SA] from having a trial-use option within its own procedures.

As far as the IEEE-SA goes, this has three meaningful effects:

- We do NOT need to make any changes to our P&P
- We will no longer have the option to announce trial-use documents through ANSI's Standards Action publication
- There will be a little less paperwork for the NesCom and RevCom Administrators

5.5 AudCom P&P Changes - Parsons

There was a motion to forward the wording changes [below] to the Standards Board for an approval vote. The motion was unanimously approved.

"IEEE-SA Standards Board Operations Manual

4.4 Organization of SCCs

4.4.1 Membership

Membership in the IEEE-SA is encouraged for all SCC members.

4.4.2 Officers of an SCC

Each officer shall be an IEEE member of any grade except Student grade and shall be a member of the IEEE-SA.

The IEEE-SA Standards Board Chair shall appoint the chair of each SCC~~, who shall be a member of the IEEE-SA and a member of any grade of the IEEE~~. The appointment shall be for the calendar year, but the SCC Chair may, at his or her discretion, serve until a successor is appointed.

Other SCC officers (e.g., vice chair and secretary) are chosen as provided in the approved SCC Operating Procedures. ~~They shall be members of the IEEE-SA.~~

The IEEE-SA Standards Board Chair has the authority to remove an officer of an SCC.

4.4.3 Membership in an SCC type 2

The members of an SCC type 2 and its subcommittees are appointed by one or more of the following:

a) The SCC Type 2 Chair,
b) An IEEE Society,
c) The IEEE-SA Standards Board.

4.5 Responsibilities of SCCs

The chair of an SCC (types 1 and 2) shall submit a written report each year to the IEEE-SA Standards Board for approval. This report should contain the scope, activities, budget and expenses, and meeting schedules, along with the membership roster. The roster shall indicate the IEEE membership status and society affiliation of each member. The SCC chair may also be asked to give an oral report to the IEEE-SA Standards Board every three to four years.

Interested Societies of the IEEE may designate members to an SCC who then function as official representatives of the Society. The IEEE-SA Standards Board may designate representatives of outside organizations as additional members.

Each member of an SCC who is an official representative of a Society, technical committee, or outside organization may have a single designated alternate to act on behalf of the member in his or her absence. Alternates for other members shall not be permitted.

~~With the approval of the IEEE-SA Standards Board, a~~An SCC may establish subcommittees as necessary to perform its function. The formation of non-technical (e.g., administrative) subcommittees requires prior approval by the IEEE-SA Standards Board.

RATIONALE:
Changes made to synch with the baseline SCC Type 2 P&P developed by AudCom."

Glenn Parsons, AudCom Chair, apprised ProCom that AudCom was working on P&P text for the following:
- Expanding on the five-year review cycle process for Sponsor P&P
- Handling/auditing of Working Group P&P

6 NEXT MEETING

The next ProCom meeting will be Monday, 8 December 2008, in Delray Beach, Florida, USA.

7 ADJOURNMENT

There being no further business, the meeting was adjourned at 12:23 p.m.