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Date:Wed, 17 Oct 2001 15:29:02 -0700 (PDT)


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Telecommunications Reports presents....

TR DAILY
Oct. 17, 2001
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Table Of Contents
Click here for the full issue:
http://www.tr.com/online/trd/2001/td101701/index.htm


HOLLINGS GIVES THUMBS DOWN=20
TO 700 MHz BAND-CLEARING PLAN
http://www.tr.com/online/trd/2001/td101701/Td101701.htm

GILMORE STRESSES NEED FOR IMPROVED
COORDINATION ON INFRASTRUCTURE PROTECTION
http://www.tr.com/online/trd/2001/td101701/Td101701-01.htm

CABLE MODEM `OPEN ACCESS' LOOKS LIKE
FINANCIAL WINNER, AOL TIME WARNER SAYS
http://www.tr.com/online/trd/2001/td101701/Td101701-02.htm

HUGHES ELECTRONICS SAYS MERGER TALKS
NEARING COMPLETION, STILL CUTTING COSTS
http://www.tr.com/online/trd/2001/td101701/Td101701-03.htm

AT HOME RESUMES CONNECTING NEW DATA CUSTOMERS
AFTER CABLE TV PARTNERS ADDRESS `FINANCIAL ISSUES'
http://www.tr.com/online/trd/2001/td101701/Td101701-04.htm

FCC NARROWBAND PCS AUCTION
NETS $8.2 MILLION IN BIDS
http://www.tr.com/online/trd/2001/td101701/Td101701-05.htm

TELECOM EARNINGS ROUNDUP=20
http://www.tr.com/online/trd/2001/td101701/Td101701-06.htm

NEWS IN BRIEF=20
http://www.tr.com/online/trd/2001/td101701/Td101701-07.htm


*****************************************************************
HOLLINGS GIVES THUMBS DOWN=20
TO 700 MHz BAND-CLEARING PLAN

Senate Commerce, Science, and Transportation Committee Chairman
Ernest F. Hollings (D., S.C.) today called "outrageous" the FCC's
support for voluntary band-clearing agreements for the 700
megahertz band, saying "such action clearly violates the mandates
and standards to which the FCC is required to adhere."=20
"Allowing industry to negotiate private marketplace deals that
dictate the governance and the transfer of spectrum to earn profits
on the spectrum through such arrangements is outrageous," he said
in a letter today to FCC Chairman Michael Powell. Sen. Hollings
noted that the FCC was required by law to reassign the 700 MHz
spectrum (channels 60-69) through an auction.

"When Congress enacted these statutory provisions, it did not
envision that the FCC would hand over its authority to manage
spectrum to industry and to the marketplace. The fact is that the
FCC must refrain from bending the law to meet the excessive demands
of industry," he wrote. "It must simply apply the law as was
intended by Congress."

The letter follows on the heels of the FCC's Wireless
Telecommunications Bureau's decision earlier this week to hold the
long-delayed 700 MHz band auction on June 19, 2002. The bureau
delayed the sale in July -- the fifth such postponement -- to give
officials more time to consider three petitions before the
Commission related to the agency's attempts to facilitate the
voluntary band-clearing agreements between incumbent TV
broadcasters and wireless carriers (TR, July 16).

The Commission acted on those requests last month, clearing the way
for the sale to proceed (TR, Sept. 24). In its action last month,
the FCC gave TV broadcasters operating in channels 60-69 additional
flexibility to transition to digital TV (DTV).

Some broadcasters say the rule changes will help spur band-clearing
pacts that could result in them leaving the spectrum earlier than
Congress requires. In exchange, the broadcasters would receive
payments from wireless carriers. Broadcasters currently don't have
to return their spectrum until 2006, at the earliest.

But the wireless industry says it shouldn't be forced to pay
broadcasters to vacate the spectrum early. "Even after the
auction, the broadcasters will have to be paid extortion money to
move. It's a sad state of affairs when broadcasters have to be
bought off [for] what they promised to give back and Congress has
directed to a higher public safety use," said Thomas E. Wheeler,
president and chief executive officer of the Cellular
Telecommunications & Internet Association.

In related news, the DTV hearing that was planned for tomorrow in
the House telecommunications and the Internet subcommittee has been
postponed again. House leadership has closed all House office
buildings until at least next Tuesday in the wake of an anthrax
scare on Capitol Hill.

-Paul Kirby, pkirby@tr.com
-Ryan Oremland, roremland@tr.com


*****************************************************************
GILMORE STRESSES NEED FOR IMPROVED
COORDINATION ON INFRASTRUCTURE PROTECTION

"Far greater" coordination between the government, private sector,
and intelligence community is needed if efforts to shield the
nation's critical infrastructure from physical threats or
cyberattacks are to be successful, Virginia Gov. James Gilmore (R.)
told a House panel today. Gov. Gilmore also serves as chairman of
the Advisory Panel to Assess the Capabilities for Domestic Response
to Terrorism Involving Weapons of Mass Destruction, which was
established by Congress in 1999.

Testifying this morning before the House Science Committee, Gov.
Gilmore advised against making any major "structural changes" to
the way federal agencies and state or local interests tackle
critical infrastructure protection issues. "Rather, we need to
marshal the efforts of millions of government workers, the
intellectual power housed in our universities, and the
entrepreneurial spirit of our private sector . . .to deter,
prevent, detect, and should our vigilance falter, to respond when
attacks occur," he said.

Along with his call for stepping up coordination, Mr. Gilmore also
recommended that Congress take the following actions: create an
"independent advisory body" similar to his panel to review
cybersecurity protection programs; set up a nonprofit organization
"devoted solely to the task of" overseeing information sharing
between the government and private sector; establish a "Cyber
Court" to handle investigations of potential cyber-related crimes;
and develop a comprehensive research and development plan for
enhancing security.

A "critical" first step to protecting cybersecurity, Mr. Gilmore
said, was the executive order that President Bush signed yesterday
to set up an interagency board to study critical infrastructure
issues. The order also creates a "National Infrastructure Advisory
Council," which will be comprised of representatives from the
private sector, academia, and state and local governments.

Chairing the "President's Critical Infrastructure Protection Board"
will be Richard Clarke, who is the president's new special adviser
on cyberspace security issues. Membership will consist of
officials from federal departments and some agencies, including the
FCC. =20

The board will "recommend policies and coordinate programs for
protecting information systems for critical infrastructure,
including emergency preparedness communications, and the physical
assets that support such systems," the order says. The crux of the
advisory council's focus will be on the banking, transportation,
energy, manufacturing, and communications industries, as well as
"emergency government services," the order says.

Also today, representatives from the competitive local exchange
carrier industry today called on all "facilities-based competitors
and incumbents" to convene a forum to review various network
security issues, including procedures for re-routing telecom
traffic during emergency situations.

"Because [incumbent local exchange carriers] and CLEC networks
interconnect with each other, we have a mutual interest in
preserving the reliability of these networks," Association for
Local Telecommunications Services President John Windhausen Jr.
said in a statement. "We need to work together to develop a common
plan for security and restoration of service in the event of future
attacks."

The U.S. Telecom Association, without commenting directly about the
ALTS's proposal, said it already had launched such a review.=20
"Since we represent all of the telecom industry. . .We are working
now and will continue working in the future to address the issue of
network security," a USTA spokesman told TRDaily.=20

-Ryan Oremland, roremland@tr.com


*****************************************************************
CABLE MODEM `OPEN ACCESS' LOOKS LIKE
FINANCIAL WINNER, AOL TIME WARNER SAYS

AOL Time Warner, Inc., today touted the early results of its
efforts to allow unaffiliated Internet service providers (ISPs) to
use its cable modem platforms. The embrace of "open access" might
prove to be a financial benefit, executives said during their
quarterly conference call with analysts.

"By giving our cable customers significant choice among high-speed
Internet providers, we will accelerate mass-market adoption of
broadband, which will have very important implications for all of
our businesses," predicted Gerald M. Levin, AOL Time Warner's chief
executive officer.

Time Warner Cable recently opened its system to EarthLink, Inc.,
becoming one of the first cable TV operators to let cable modem
customers choose their ISP. Time Warner Cable also offers two ISPs
affiliated with AOL Time Warner -- AOL High-Speed Cable and Road
Runner.

The multiple ISP program has been costly, said J. Michael Kelly,
the company's executive vice president and chief financial officer.=20
He didn't quantify the cost but said the company had to invest in
new systems and change its business processes to launch the
program. Nevertheless, Time Warner Cable intends to expand the
program beyond its current 10 markets, he said.

Robert W. Pittman, AOL Time Warner's co-chief executive officer,
said the multiple ISP offering had not diverted revenue from the
company's original ISP, Road Runner. "There's very little
cannibalization of Road Runner," he said. "What that says is,
these are incremental ISP [sales] for the cable company, which I
think is a positive trend not only for our company, but for the
cable industry."

AOL Time Warner said its Road Runner service added 252,000
subscribers during the three-month period that ended Sept. 30. It
didn't provide numbers for EarthLink or AOL High-Speed Cable. Road
Runner's customer base is now 1.7 million.

The cable TV business generated revenues of $1.8 billion in the
quarter, 17% more than the year-ago figure. For all of AOL Time
Warner, third quarter revenues were $9.3 billion, a 6.4% increase
over a year ago. EBITDA (earnings before interest, taxes,
depreciation, and amortization) was up 19.5% to $2.5 billion.

Although AOL Tim Warner's third quarter results largely met Wall
Street's expectations, Merrill Lynch & Co. downgraded its
intermediate-term rating on the company's shares from "buy" to
"neutral." Analyst Henry Blodget cited weaker-than-expected
financial results at the company's America Online division.

-- Tom Leithauser, tleithauser@tr.com


*****************************************************************
HUGHES ELECTRONICS SAYS MERGER TALKS
NEARING COMPLETION, STILL CUTTING COSTS

Hughes Electronics Corp. officials today said negotiations
regarding a potential acquisition of the company were nearing a
conclusion, but they gave no indication as to the ultimate outcome
of the discussions. Meanwhile, Hughes said it continued to gouge
excess expenses out of its cost structure during the third quarter.


"The good news is that News Corp. and EchoStar remain interested,"
commented Jack Shaw, Hughes' chief executive officer, during a
conference call to discuss third quarter results. "Though I can't
say how it will play out, we are nearing the home stretch," he
said.

Both suitors have been circling Hughes since this summer, and
EchoStar Corp. underscored its desire with an unsolicited stock-
merger bid in early August valued at $32 billion. So far, the
merger talks have survived a stumbling stock market, the Sept. 11
terrorist attacks, and comments by Hughes parent company General
Motors Corp. that declining stock prices of all firms concerned
were a complicating factor in reaching an agreement. Since GM's
warning to that effect last month, Hughes, Echostar and News Corp.
share prices have bounced back by between 14% and 22%.

For the third quarter, Hughes posted revenues of $2.10 billion, up
24% from the year-ago figure of $1.68 billion. Top-line growth was
led by stronger-than-expected performance at the firm's DirecTV
business, which generated 425,000 net new subscribers during the
quarter. At Sept. 30, DirecTV counted a total of 10.3 million
subscribers, up 14% from a year ago. Hughes results also benefited
from consensus-beating numbers at its PanAmSat unit, where
quarterly performance was bolstered by a major new contract, as
well as heightened demand by TV news companies for satellite
services.=20

At the bottom line, Hughes's third quarter EBITDA (earnings before
interest, taxes, depreciation, and amortization) sagged to $76.5
million under the weight of $65.3 million in employee severance
charges. In the comparable quarter last year, Hughes generated
$107.9 million of EBITDA.

"The third quarter was very important for Hughes because we made
key structural and management changes across the business," Mr.
Shaw said. "As a result, we are now positioned to generate sub-
stantially improved operating results." The firm's $65 million of
severance charges during the quarter, Mr. Shaw said, will yield
$110 million of annual savings beginning next year and will
contribute to the firm's drive to become cash-flow positive by
2003.

Headcount cuts in the past three months have reduced Hughes's
workforce by 10% globally and by 20% at the DirecTV operations, Mr.
Shaw said. As Hughes management is still "scrubbing the numbers
and extracting more costs," the CEO said he would refrain from
providing 2002 financial guidance and would furnish new projections
in about a month.

Michael Gaines, chief financial officer, expressed confidence that
PanAmSat would succeed in repaying to Hughes a $1.7 billion term
loan by year-end. As a result, the company will have sufficient
funding to satisfy most of its spending requirements next year, he
said.

-- John Curran, jcurran@tr.com


*****************************************************************
AT HOME RESUMES CONNECTING NEW DATA CUSTOMERS
AFTER CABLE TV PARTNERS ADDRESS `FINANCIAL ISSUES'

At Home Corp. has resumed connecting new cable modem customers for
some cable TV operators after those operators apparently offered
financial concessions. Agreements have been reached with AT&T
Corp., Comcast Corp., Cox Communications, Inc., and Canada's Rogers
Communications, Inc., an At Home spokeswoman said.

The companies wouldn't disclose terms of the agreements, which the
spokeswoman said "addressed certain outstanding financial issues."=20
Those issues apparently were the cause last week of At Home's
decision to discontinue new cable modem hookups for its cable TV
partners. At Home is in bankruptcy, and its creditors decided the
firm could not afford to continue expanding the cable modem
business.

At Home had suggested it might resume operations if its cable TV
partners offered more financial assistance. The cable TV operators
had little choice; most of them would have been unable to fill the
void left by At Home in time to avoid losing large numbers of
customers (TRDaily, Oct. 11).

-- Tom Leithauser, tleithauser@tr.com


*****************************************************************
FCC NARROWBAND PCS AUCTION
NETS $8.2 MILLION IN BIDS

An FCC auction of 900 megahertz band narrowband PCS (personal
communications service) licenses netted $8.2 million in bids. Five
bidders won 317 of the 365 licenses offered at the sale, which
ended Oct. 16 after eight days and the 48th round.

Space Data Spectrum Holdings LLC led all bidders, offering $4.2
million for seven of the eight nationwide licenses on the block and
$2.0 million for 197 of the 357 Major Trading Area (MTA) licenses
being sold. Allegheny Communications, Inc., was second, offering
$1.3 million for 100 MTA licenses and $378,750 for the remaining
nationwide license.

Narrowband PCS licenses have traditionally been used for paging
services, including advanced two-way offerings, although other
wireless telephony and data services are also permitted in the
spectrum.

Space Data Corp., which owns Space Data Spectrum Holdings, has
received a limited waiver from the FCC's International Bureau to
operate a high-altitude balloon-based communications system (TR,
Sept. 17, notes).

-- Paul Kirby, pkirby@tr.com


*****************************************************************
TELECOM EARNINGS ROUNDUP=20

Sprint Corp. posted third quarter revenues of $6.72 billion, up 11%
from the $6.04 billion generated in the comparable quarter last
year. But Sprint's quarterly net loss widened to $134 million from
$6 million a year ago. Sprint FON Group's earnings fell year-over-
year because of lower yields in the long distance business and
higher broadband development costs. Sprint PCS Group's net loss
was greater than expected due to higher customer acquisition costs.=20
In addition, Sprint said it would discontinue its Integrated On-
Demand Network (ION) consumer and business broadband product
offerings, write off a substantial portion of assets connected with
the business in the fourth quarter, and cut approximately 6,000
employees from the payroll.=20

Teradyne, Inc., a supplier of test equipment to the telecom and
other industries, said third quarter revenues plummeted to $249
million from $859 million in the year-ago quarter, and below recent
estimates of $275 million to $325 million. Net losses including
charges for the most recent quarter totaled $103 million versus a
$163 million profit last year. "It appears to us that we will be
dealing with low shipments and unfavorable financial results for
the next several quarters," commented George Chamillard, chief
executive officer. Fourth quarter sales are expected to fall to
the $200 million to $250 million range, with a loss of up to $0.50
per share before accounting for special charges.

Tele2 AB posted third quarter operating revenues of $605 million
versus $595 million in the second quarter. Third quarter EBITDA
(earnings before interest, taxes, depreciation, and amortization)
increased to $68.5 million from $33.5 million in the second quar-
ter. Tele2 AB, based in Stockholm, is a pan-European alternative
telecom service provider.=20

Harris Corp. reported $443.4 million of revenues for its fiscal
first quarter ended Sept. 28, down from $460.4 million in the year-
ago quarter. The communications equipment maker's first quarter
net income totaled $17.1 million versus a $34.8 million loss in the
same quarter last year.

Amphenol Corp., a maker of fiber-optic connectors and cable, said
third quarter revenues slipped to $252.8 million versus $354.6
million in the comparable quarter last year. Net income for the
most recent period declined to $16.6 million from $28.8 million
last year. "For the remainder of this year it is expected that the
well-chronicled slowdown in communication markets and the generally
slowing economy will not markedly improve," the company said.=20

ROHN Industries, Inc., announced third quarter revenues of $53.4
million accompanied by net income of $1.1 million. In the
comparable quarter last year, ROHN generated $67.6 million in
revenues and an $8.4 million profit. Given uncertain economic
conditions, ROHN officials refrained from giving financial guidance
for the remainder of 2001 and next year. The telecom equipment
maker also said it had violated financial covenants under its bank
credit facility and was renegotiating certain aspects of the agree-
ment.=20

Applied Innovation, a telecom hardware and software provider,
reported third quarter revenues of $19.6 million, down from $31.2
million in the year-ago quarter. Net income for the quarter just
ended totaled $1.8 million, versus $2.8 million a year ago.=20

Vodavi Technology, Inc., generated $9.7 million in revenues during
the third quarter, up slightly from $9.6 million posted in the
second quarter and off from the $13.1 million in revenues generated
in the comparable quarter last year. Net income for the third
quarter was $253,000 versus $497,000 a year ago. "In light of the
current economic situation and other recent events, we are pleased
with the third quarter results and the discipline upon which we are
conducting our business," said David Husband, chief financial
officer. Vodavi is a provider of telecom-related software
products.=20

Pathus Technologies plc, a Dublin-based provider of mobile Internet
platform solutions, reported that revenues for the third quarter
grew to $10.4 million from $8.5 million in the comparable quarter
last year. The firm's net loss widened to $3.2 million from $2.2
million last year. "Despite the current background of uncertainty
and the steep down cycle in the semiconductor industry," Pathus
said, it expects a modest increase in fourth quarter revenues and
will break even on profit in mid-2002.


*****************************************************************
NEWS IN BRIEF

Matthew Petzold has been named chief financial officer and senior
vice president-finance and business services for Verestar, Inc. He
was VP and chief financial officer of UUNET Technologies, Inc., a
division of WorldCom, Inc. Verestar, a wholly owned subsidiary of
American Tower Corp., is an Internet communications company based
in Fairfax, Va....

Gentner Communications Corp. has named Joseph Stockton vice
president-business development. He was chief executive officer of
Dublin-based Ivron Systems, which Gentner bought Oct. 4. Gentner,
of Salt Lake City, is a provider of Internet and traditional audio
and video conference services....

Chris Kremer has been named executive vice president-sales and
marketing for High Speed Net Solutions, Inc., d/b/a Summus. He was
VP-sales and marketing at Motorola Corp.'s transmission products
division. Summus is a wireless and mobile multimedia developer in
Raleigh, N.C....

The FBI is seeking comments on its proposal to make minor changes
to its Communications Assistance to Law Enforcement Act (CALEA) of
1994 cost recovery regulations to harmonize the rule's language
with the statute's language. The agency proposes to amend its
rules to add definitions and examples for the terms "replaced" and
"significantly upgraded or otherwise undergoes major modification."=20
The changes would clarify the rule provisions for reimbursing
carriers for "modifications to equipment, facilities, or services
installed or deployed" prior to Jan. 1, 1995, to bring it into
compliance with the capability requirements of CALEA. Comments on
the supplemental notice of proposed rulemaking (Regulation
Identifier Number 1110-AA00, FBI 100P) are due Dec. 4....

A spokesman for SBC Communications, Inc., today said he couldn't
comment on what disciplinary action, if any, the company would take
against employee John Mileham, who the FCC said allegedly
"misrepresented the facts or made willful material omissions" to
the agency. Mr. Mileham was the prime target of FCC criticism in
its order, released late yesterday, proposing to fine SBC $2.52
million. The FCC alleges SBC submitted inaccurate information to
the Commission as it investigated whether SBC filed incorrect data
in support of its bid to offer in-region interLATA (local access
and transport area) services in Kansas and Oklahoma. The spokesman
said he couldn't comment on "personnel matters" such as
disciplinary actions but said SBC had instituted an "extra layer of
review and scrutiny for filings and affidavits" to ensure their
accuracy....

The FCC's Oct. 11 decision to streamline the system of accounts
used by incumbent local exchange carriers (ILECs) to track and
report their costs and revenues apparently eliminated data needed
by state regulators to protect the public interest, according to
the National Association of Regulatory Utility Commissioners.=20
Although the text of the order hasn't yet been released, NARUC
today said it was concerned that the FCC hadn't adopted many of the
new accounts supported by the association and more than a third of
the states. "It is also difficult to see how the industry would be
well-served by 50 states moving to numerous potentially different
`base' uniform systems of account," since they would no longer be
able to rely on the books the ILECs would keep for the FCC, NARUC
said....

A former licensee has asked the U.S. Appeals Court in Washington to
review two FCC decisions upholding the cancellation of the
company's 19 "C" and "F" block PCS (personal communications
service) licenses because it missed installment payments on its
auction-related debt (TR, Dec. 25, 2000, and Sept. 24, notes).=20
21st Century Telesis Joint Venture and 21st Century Bidding Corp.
filed the notice of appeal (case no. 01-1435)....

Bartholdi Cable Co., Inc., has appealed the FCC's denial of 15
applications to operate private operational fixed microwave service
(OFS) facilities in New York City. Bartholdi, formerly known as
Liberty Cable Co., Inc., has asked the U.S. Court of Appeals in
Washington (case no. 01-1423) to review the Commission's denial of
the applications and a subsequent order upholding that decision
(TR, Dec. 18, 2000, notes; and Sept. 3, notes). The FCC also
imposed a $1.425 million forfeiture against the company for its
"extensive record" of operating unlicensed OFS facilities in New
York City and its "untruthfulness" concerning its 15
applications....

ONI Systems Corp. has reduced its workforce by 16% to cope with the
downturn in the telecom equipment sector. ONI, of San Jose,
Calif., makes systems for metro networks....

Three Canadian wireless carriers have signed agreements that will
enable cost-effective roaming and resale, thereby preventing the
carriers have having to build duplicate networks. The participants
are Bell Canada, Telus Corp., and Aliant Telecom Wireless. Telus
and Bell Canada said they would save $500 million in capital costs
over the 10-year term of the agreement. The pact will expand
Telus's coverage from 64% of Canada's population to 87%....

Verizon Communications now has 1 million digital subscriber line
(DSL) lines in service, the company said today. The figure
represents an 85% increase in DSL lines year-to-date; 70% of
Verizon's DSL lines are retail and 30% have been sold through
wholesalers. Keiko Harvey, Verizon's senior vice president-
advanced services, attributed the growth to "dramatically improved
equipment, customer care, and aggressive deployment" within
Verizon's local service area. To reach its year-end target of 1.2
million lines, the company said it would offer discounts and launch
a marketing push. More than half of Verizon's 63 million local
access lines are now DSL-qualified....

Alcatel SA announced network development contracts from Taiwan-
based Chunghwa Telecom worth $52 million. Deliveries will begin in
December....

Allied Riser Communications Corp. has renegotiated its merger
agreement with Cogent Communications Corp. to increase the number
of Cogent shares to be received by Allied Riser shareholders in the
merger and to designate an Allied Riser representative to Cogent's
board of directors. Allied Riser also said it had paid $12.5
million in cash to settle $62.9 million of capital lease obliga-
tions....

UTG Communications, a Swiss telecom service provider, closed on a
sale of its 51% stake in MusicLine AG, to Brunswick International
Ltd. for $10 million in stock.


********************************************************
TR DAILY Copyright 2001 Telecommunications Reports International,
Inc., (ISSN 1082-9350) is transmitted weekdays, except for
holidays. Visit us on the World Wide Web at http://www.tr.com.=20
Published by the Business & Finance Group of CCH INCORPORATED.

Editor: John Curran
Associate Editor: Tom Leithauser
Associate Editor: Ryan Oremland
Associate Editor: Ed Rovetto
Publisher: Stephen P. Munro
1333 H Street, NW, 1st Floor-East Tower, Washington, DC 20005
Editorial Information: Telephone: (202) 312-6060
Fax: (202) 312-6111
Email: jcurran@tr.com
tleithauser@tr.com

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Federal copyright law prohibits duplication or reproduction in
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