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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Notices
Broadcom from retaliating against a customer that refuses a prohibited majority share requirement or that purchases products from a competitor of Broadcom.
Paragraph I of the proposed order defines the key terms used in the order.
Paragraph II.A. of the proposed order prohibits Broadcom from imposing a majority share requirement on a customers purchases of any Monopolized Product. This provision is designed to end Broadcoms exclusive dealing practices in the markets for Monopolized Products and to enable the emergence of effective competition in those markets. The prohibition applies to sales of Monopolized Products to OEMs and to U.S. service providers. The proposed order specifically includes prohibitions on Broadcom 1
conditioning the sale of a Monopolized Product on a majority share requirement for that product, 2 conditioning price terms, or non-price terms such as delivery or support terms, for a Monopolized Product on a majority share requirement for that product, 3
conditioning other payments on a majority share requirement for a Monopolized Product, or 4 providing certain types of retroactive rebates for a Monopolized Product in exchange for a majority share requirement.
The prohibitions in Paragraph II.A.
are qualified by a number of provisos designed to assure that the order does not bar Broadcom from competing on the merits. The first proviso clarifies that the order does not prohibit Broadcom from fulfilling orders from a customer that, over time, chooses to purchase more than 50% of its requirements from Broadcom, provided that such purchases are not pursuant to a majority share requirement prohibited by the order. The second proviso clarifies that a customers mere designation of Broadcom as an authorized or preferred provider does not alone establish a violation of the order. The third proviso clarifies that the order does not prohibit nonretroactive volume discounts. The fourth proviso allows Broadcom, in narrow circumstances, to enter into a majority share requirement in connection with a particular request for proposal RFP. The proviso provides that Broadcom may agree to a singlesource term in connection with an RFP
covering a single device model or a single device model and certain limited derivatives thereof if the customer structures the RFP in this way. In contrast, if a customer chooses to structure an RFP to split component supply for a particular device among multiple suppliers, Broadcom may not
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thwart this by insisting on exclusivity.
The fifth proviso enables Broadcom, in specified conditions, to agree to exclusivity terms with a customer to incent Broadcom to continue producing a product beyond its ordinary-course end of life.
Paragraph II.B of the proposed order prohibits Broadcom from using its monopoly power in a Monopolized Product to impose majority share requirements for other Monopolized Products or Related Products.
Paragraph II.C of the order prohibits Broadcom from retaliating against a customer for working with a Broadcom rival or for refusing to commit to or maintain a prohibited majority share requirement. Prohibited retaliation includes actual or threatened interference with the sale or delivery of Monopolized Products; withdrawal or modification of, or refusal to extend, relatively favorable price or non-price terms; or refusal to deal with the customer on terms generally available to other similarly situated customers.
The proposed order contains standard provisions designed to ensure compliance. Paragraph III requires Broadcom to maintain an antitrust compliance program and to provide notice to customers of the prohibitions contained in the order. Paragraphs IV
through VI contain provisions regarding compliance reports, notice of changes in respondent, and access to documents and personnel.
The proposed Orders prohibitions apply to agreements with Service Providers that serve end users in the United States and to agreements with OEMs worldwide, with the exception of agreements for the sale of products intended for use in devices for end users in China. These products are excluded from the prohibitions on majority share requirements in light of distinct competitive conditions applicable to them. The term of the proposed order is ten years.
By direction of the Commission.
Joel Christie, Acting Secretary.
FR Doc. 202116655 Filed 8621; 8:45 am BILLING CODE 675001P

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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and Prevention Meeting: Advisory Board on Radiation and Worker Health ABRWH, Subcommittee for Dose Reconstruction Reviews SDRR, National Institute for Occupational Safety and Health NIOSH
Centers for Disease Control and Prevention CDC, Department of Health and Human Services HHS.
ACTION: Notice of meeting.
AGENCY:

In accordance with the Federal Advisory Committee Act, the CDC announces the following meeting for the Subcommittee for Dose Reconstruction Reviews SDRR of the Advisory Board on Radiation and Worker Health ABRWH or the Advisory Board. This meeting is open to the public, but without a public comment period. The public is welcome to submit written comments in advance of the meeting, to the contact person below.
Written comments received in advance of the meeting will be included in the official record of the meeting. The public is also welcomed to listen to the meeting by joining the audio conference information below. The audio conference line has 150 ports for callers.
DATES: The meeting will be held on September 29, 2021, from 10:30 a.m. to 4:00 p.m., EDT. Written comments must be received on or before September 22, 2021.
ADDRESSES: You may submit comments by mail to: Sherri Diana, National Institute for Occupational Safety and Health, 1090 Tusculum Avenue, MS
C34, Cincinnati, Ohio 45226.
Meeting Information: Audio Conference Call via FTS Conferencing.
The USA toll-free dial-in number is 18666590537; the pass code is 9933701.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Rashaun Roberts, Ph.D., Designated Federal Officer, NIOSH, CDC, 1090
Tusculum Avenue, Mailstop C24, Cincinnati, Ohio 45226, Telephone:
513 5336800; Toll Free 1800CDC
INFO; Email: ocas@cdc.gov.
SUPPLEMENTARY INFORMATION:
Background: The Advisory Board was established under the Energy Employees Occupational Illness Compensation Program Act of 2000 to advise the President on a variety of policy and technical functions required to implement and effectively manage the new compensation program. Key
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