““Meet the RegulatorMeet the Regulator””

Network ReliabilityP.J. AduskeviczATTFCC Network Reliability & Interoperability Council

Wireless DevelopmentsDale Hatfield, ChiefFCC Office of Engineering and Technology

Broadband Deployment Rebecca Dorch, Deputy Chief

FCC Office of Engineering and Technology

Cable Open Access Robert Cannon

FCC Office of Plans & Policy

Standard Standard DisclaimerDisclaimer

The views expressed are my own and do not necessarily represent those of the FCC,

any Commissioner, or my dog.

Robert CannonSenior Counsel for Internet Issues

Federal Communications Commission

Cable Open AccessCable Open Access

HistoryHistory

FCCFCC

• Restraint but monitoring– Sec. 706 Report to Congress– AT&T Mergers– AOL / TW (stayed pending FTC Outcome)

– Internet Ventures Petition - leased access channels

– Briefs in federal court

• Ch. Kennard announces FCC proceeding (June 2000)

FCC Computer InquiriesFCC Computer Inquiries

• 1966: Dependence of Computer Networks on Telecom Networks – Computer Networks: Highly competitive and innovative– Telecom Networks: Monopoly, bottleneck to computer

networks

• Result– Computer networks (enhance services, ie., ISPs): Unregulated– Telecom (basic): Open Platform, safeguards to protect against

discrimination and cross subsidization, required unbundling of transport from enhancement

Federal CourtsFederal Courts

• 9th Circuit (Portland): It’s telecom service + info service (i.e., Computer Inquiries)

• 4th Circuit (Henrico): It’s cable service

• 11th Circuit (Pole Attachments): It’s neither

The PresentThe Present

Notice of InquiryNotice of Inquiry

• In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities

• NOI?

• Results?

Definition Open AccessDefinition Open Access

• “The ability of consumers to choose the ISP of their choice . . . Enabling consumers and their chosen ISP to reach each other requires that ISPs not chosen by the cable company have the ability to purchase, on a nondiscriminatory basis, the use of ‘last mile’ communications facilities to reach consumers who are requesting their service.” – OpenNet

What Model?What Model?

• Cable is affiliated with one ISP and must use that ISP

• Cable is affiliated with no ISPs

• Cable is affiliated with a preferred ISP that manages network but consumer has choice of multiple ISPs

What is it?!?What is it?!?

• Telecom?• Telecom Service?• Information Service?• Advanced Service (Sec. 706)?• Cable?• Other?

Open AccessOpen Access

Cable? Telecom

ATM Frame Relay | PPP Ethernet

TCP / IP

Applications

HTML Telephony Mail RealHTTP Media

Enhanced /Information Service

Basic Telecom

Implications?Implications?

• If Telecom, Then… ?– Universal Service– CALEA– Disability access– Access Charges– Interconnection– Computer II Unbundling requirement

• See USTA Petition that cable pay universal service fees.

Policy ConsiderationsPolicy Considerations

• What are the benefits of a competitive ISP market?

• What market forces are at play?

• What are the technical or operational Issues?

Policy ConsiderationsPolicy Considerations

• How do you make this work and not repeat the telecom wars?

• What action should the FCC take?– Forebearance?– Deference to market forces?– Regulation?– Regulation lite?

ParticipateParticipate• GN Docket No. 00-185• Deadlines

– Comments due Dec 1– Replies due Jan 10, 2001

• Anyone can file. FCC must consider your views.

• Electronic Comment Filing System – http://www.fcc.gov/e-file/ecfs.html

• Relevant Documents: www.fcc.gov/broadband/

Thank you!Thank you!

Robert CannonSenior Counsel for Internet Issues

FCC Office of Plans and Policyrcannon@fcc.gov

202-418-2421