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COMMUNET Home

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COMMUNET  June 1993, Week 2

COMMUNET June 1993, Week 2

Subject:

Re: COOK Report (was: One Person's Rough Sketch of Net History (fwd)

From:

Gordon Cook <[log in to unmask]>

Reply-To:

Communet: Community and Civic Network Discussion List

Date:

Sat, 12 Jun 1993 10:13:36 PDT

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (208 lines)

The May - June issue of the COOK Report on Internet -> NREN was published on
May 9th.  Articles include a the Editor'Open Letter to Congressman Boucher
on the weaknesses of the IG Review of the NSFnet and some of the policy issues
involved.  A Report on a 2 hour telephone interview with Montgomery Fisher,
Deputy Counsel to the Inspector General.  Dr Fisher carried out most of the
interviewing and data gathering for the IG Review.  He was also involved as an
author of the Review.
 
Further articles include a summary of NRENaissance the new National Research
Council study group charged with charting a course for NREN over the next five
years.  There is a summary of some problems recently experienced with the new
InterNIC, a report on the Telestrategies National Information Infrastructure
Conference, and on the Civic Networking Meeting of April 12.  Also summarized
are the concerns raised by Andrew Blau of EFF about the broadband provision in
Congressman Boucher's HR 1757 Legislation.  Finally there is a very
preliminary assessment called Following the Money - NSF, MERIT, and ANS.  More
about this issue in a moment.
 
Further Developments on the IG Review
 
First to the question of the IG Review.  As I have already indicated the
Review has multiple weaknesses.  The worst of these is the assertion that the
NSF has publicly stated that "if another company wishes to send commercial
traffic over the T-3 network set up by NSF and MERIT/ANS, it can do so on the
same terms accorded to CO+RE." (p.25) and "in our view the very fact that no
commercial provider has pursued NSF's offer of equal access to the T3 network
further indicates that CO+RE's access to the T3 network is not, in and off
itself commercially significant."
 
My post to com-priv last week indicated why this argument can't withstand
serious scrutiny.  I will now follow that report up with some excerpts from my
interview with Montgomery Fisher and other new material.
 
"Terms Accorded to CO+RE" Never Defined
 
"The NSF is basing much of its position on the fact that no one came forward
to ask what the terms and conditions of access were.  I said to Monte:  "why
didn't Steve Wolff post what the terms were in the com-priv discussion?  Can
you tell me what they were?"  He replied that he could not do so because
while, of course the terms granted by the NSF to ANS exist, the terms by which
a competitor of ANS would be allowed to attach to ANS's backbone did not
exist.  It would have taken a lot of time for Steve to have put them together
and some negotiations with ANS would have to have been undertaken before they
could have been finalized.  Consequently, with Steve a busy man, in the
absence of a request for them, the terms of access for another commercial
provider were never defined, he said."
 
"In other words the terms and conditions of access did not exist and
apparently do not exist because no commercial provider ever took Steve up on
his offer.  (A reader of the IG report not familiar with the history of the
events involved would likely assume that they did exist.)  Had a provider done
so, the IG finds that Steve Wolff would have been required to take the time to
sit down and hammer them out.  And said Fisher: If harm had been done, surely
a provider would have taken Steve up on his offer?  "
 
A few paragraphs later I wrote:
 
"Role of the Secret Negotiations?
 
When the IG asserts that no provider offered to take Wolff up on his offer,
another gray area is to be found in secret negotiations between the warring
parties that were actually held between January of 1992 and the summer of
1992.  The COOK Report has learned from several sources that these
negotiations took place.  All sources agree that they included Steve Wolff, Al
Weis, Dave Farber, Mitch Kapor, Bill Schrader, Rick Adams, and Jerry Berman."
 
One of the parties involved whom I queried on this issue during the last few
days responded:
 
"They were more "private mediation" between the parties than
secret negotiations"
 
"Participants included those [you mention above] above, plus Marty
Schoffstall, Joel Maloff, Jordon Becker, Doug Van Houweling, George Strawn,
and Danny Weitzner.   The group called itself the IDG for Internet Discussion
Group, and decided that for mediation to occur it was best to keep things
quiet."
 
"Discussions were framed around the "CIX and ANS" but really focussed on
PSI/UUNET problems with NSF/ANS/Merit.  No progress was ever made."  [End of
participant's response.]
 
I replied to my source:
 
In other words the commercial *disadvantage* that PSI and UUnet had found
themselves inheriting *was* the focus of these private discussions.  Steve
Wolff's public offer on com-priv cited in the IG report in footnote 60 was
also the same "offer" made during these private mediations and had been, in
fact, fruitlessly discussed between the parties since late October of 1991?
 
 
My source responded:  "Correct."
 
Small wonder that the author of the response in footnote 61 who was a party to
the "private mediation" did not take this public diversion seriously.  Yet
well over a year later he finds his comments thrown back at him in the IG
Review as evidence that he wasn't interested in serious negotiation.
 
Of course there is another explanation of why the negotiations didn't get
anywhere.  In interviews with the Editor officials at the NSF have stated that
the conditions extended to ANS included the turning over of all profits to the
Infrastructure Pool.  In other words the terms so generously offered UUnet and
PSI were to become non profit corporations themselves with profit making
subsidiaries and to turn over those profits to an infrastructure pool.  In
other words they were invited to turn their companies into clones of ANS that
would have to play the rules established by NSF, MERIT and ANS.  No wonder the
discussions didn't get very far.  It is disingenuous of the Inspector General
not to state such implications in full and publicly. in its Review.
 
My interview with Fisher (as published) went on to state:
 
"I asked Fisher whether in asserting that no one had ever taken Wolff up on
his offer, he included a knowledge of these discussions.  He replied that he
was not privy to the content of these discussions.  Certainly it seems
reasonable to suppose that it would have been difficult to have held them
without getting into the area of Wolff's offer of access to the T-3 backbone
on the same terms accorded to CO+RE.  If this should be true then the
assertion of the IG Review that "no one ever asked" would have to be qualified
with the word "openly" to remain true."
 
The same participant just quoted replied to this paragraph:
 
"This is not true.  When Fisher interviewed me during his "Review", I
 
provided Fisher and his colleague with information regarding this group, its
meetings, activities, discussion contents, motives and failure."
 
Another participant in the "private mediations" stated that in his interview
with Fisher, the questions asked seemed to him designed to support conclusions
already reached by the IG staff.
 
_________________
 
Following the Money
 
The editor has been reviewing what the NSF states it has paid MERIT by quarter
for the NSFnet Backbone Cooperative Agreement with what MERIT says it received
on its 1990 and 1991 Form 990s.  He has also been comparing the Merit Form
990s with the one ANS Form 990 so far released.
 
Several apparent discrepancies have turned up.  The most serious is found in
Statement 7 of the ANS 990.
 
In the ANS 990 Statement 7 ANS is providing an answer to line 2c of question
no. 2 of Part III of Schedule A.  ANS lists 4 expenditures:  Number 2 refers
to $2,770,899 in goods and services furnished by MERIT; no 4 refers to
services furnished by MERIT in the amount of $55,305.
 
In a telephone interview with an IRS 501(c)(3) specialist where the ground
rules as set by IRS were a discussion of "entity a versus entity b" rather
than specific identities, I read the precise language from the ANS form to be
certain that the data listed under statement 7 were expenses incurred by ANS
(entity b) and payable to Merit (entity a).  He said that is certainly what
the form seemed to indicate.  Then these amounts (over $2.8 million) should
show up on the 990 of Merit (entity a)?  Yes, he replied.
 
Well they do not show up there.
 
The Editor has had several private email exchanges with MERIT President Eric
Aupperle.  On May 10 when asked about this matter Aupperle replied:
 
"The work Merit does for NSFNET is invoiced to NSF.  Merit does not turn the
funds received for this service over to ANS only to have ANS return them to
Merit.  I do not know what ANS reports but Merit did not receive $2.8 million
from ANS."
 
The Editor has requested ANS's point of view on this.  Susan Eldred has not
returned his phone calls and Finance Vice President Robert Harris has not
responded to a query left late yesterday on his voice mail.  The Editor at 6pm
today talked directly with Kristen Mortenson at ANS and left his questions
with her.  Consequently he is still hoping to hear ANS's side of the story.
 
There are some further seeming discrepancies that the Editor has under
discussion with MERIT.  These involve questions about what the NSF thinks it
paid Merit in Merits FY90 versus what MERIT thinks it received.  The question
of whether money that MERIT reports paying for salaries on line 26 should show
up in Schedule A part 1 with the salaries of the 5 highest paid employees?
(Merit says it has no employees.  That is all its network people are paid
employees of the University of Michigan.  This may be quite true.  If so what
the Editor does not understand is why on line 26, Merit lists 1.7 million in
salaries.  (For projects in addition to those of the NSFnet cooperative
agreement.)  Can one pay salaries, yet have no employees???
 
The final issue is whether MERIT by clause 1b of its Sept. 17, 1990
subcontract with ANS should be obligated to pass through to ANS all money it
receives from the NSF.  For its 1990 and 1991 fiscal year MERIT did not pass
through all funds to ANS.  It paid out over 1.8 million out in salaries,
fringes and indirect costs from its NSFnet balance sheet in FY 91.  In its FY
90 it paid out $1.48 million from its NSFnet balance sheet.  It is not yet
sufficiently clear what the implications of these apparent discrepancies are.
_______________________
 
PS to Communet readers..... I posted this to com-priv on I believe May 10th or 11th.  Since then I have continued to research the money issue.  I have received
a one paragraph response from ANS finance VP Harris to the questions raised
here.  The response seemed to be saying that the total of 2.826 million was
an offset against what ANS WOULD have been paid by MERIT had ANS run the
Network Operations Center.  I asked Harris some further questions.  Harris
refused to answer advising me to hire an accountant who could answer the questions
.... Today I mailed a completed set of documents to an attorney who is a
specialist in non-profit tax law and has agreed to review them and give
me his evaluation pro bono.  I hope to have it before July 1.  The JUly issue
of the COOK Report WILL contain a story on these issues.  If the ANS return
should turn out to be pure as the driven snow I will of course report that.
 
If however there were a simple and easily understood answer, I would have
hoped that Harris would have answered my questions and disposed of the
issue once and for all.

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