Margo Reyna
Regulatory Analyst
Enron Corp., Government Affairs
Phone:  713-853-9191

----- Forwarded by Margo Reyna/NA/Enron on 12/05/2000 02:51 PM -----

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		 Subject: Telecom Services: Broadband Services: FCC'S 5TH SET OF OPEN ACCESS 
COMMENTS LOOKS FAMILIAR


FCC'S 5TH SET OF OPEN ACCESS COMMENTS LOOKS FAMILIAR 
  
12/04/2000 
Communications Daily 
(c) Copyright 2000 Warren Communications News, Inc. All Rights Reserved. 
Familiar lines were drawn in comments on FCC's inquiry into broadband access 
(00-185). "Four times in two years the Commission has investigated the 
questions of whether or how it should regulate cable operators that offer 
cable Internet services," AT&T began its filing, and many participants 
appeared to have drawn liberally from their previous remarks. AT&T and 
Comcast were joined by predictable group including Competition Policy 
Institute and Information Technology Industry Council in opposing access 
rules, citing growing competition from other broadband providers and existing 
access agreements with ISPs. Consumer groups and OpenNet Coalition took other 
side, questioning commitments cable has made so far. In war that has featured 
creative semantics for years, CompTel rolled out new weapon, calling for 
"minimum cable open access rules" that would require full unbundling of cable 
transmission platforms for telecom as well as ISP service.
In filing that chided FCC for its inaction and "inadequate" step in ordering 
inquiry rather than rulemaking, consumer groups led by Consumers Union asked 
FCC to ignore recent federal court decision in Broward County, Fla., which 
struck down local access ordinance. Groups said ruling was "fundamentally 
flawed and does not bind the Commissions's First Amendment analysis. It is 
not supported by law or fact, and unlikely to be adopted by other courts." 
They said absence of open access has already allowed "harm" to set in as 
corporate actors make business plans and cement technology decisions through 
purchase and installation of equipment and infrastructure. Open access plans 
that have been announced have "not occurred because the marketplace is 
forcing that outcome," the groups said, but because various regulatory 
agencies "have been involved in unnecessary and time-consuming proceedings 
while the FCC remained on the sidelines." 
Opponents of open access warned of consequences should FCC begin access 
rulemaking. Comcast said rulemaking "would enmesh the Commission in 
extraordinarily complex matters that would require years of rulemaking and a 
mis-allocation of govt. resources that should be deployed in true 
competition-enhancing efforts." AT&T said enhanced regulation of broadband 
services isn't necessary because of competitive alternatives to cable 
broadband, including DSL, wireless services and satellite services. It also 
highlighted Canada's efforts to require open access to broadband cable, which 
AT&T said have been "mired in complex proceedings ever since, and despite 
these proceedings, Canada is no closer than is the United States to the 
development of the arrangements required for multiple ISPs to access 
customers over cable systems." Both operators celebrated cable's foray's into 
open access. Noting its recent agreement with Juno, Comcast said it "expects 
to forge business relationships with other Internet service providers, and is 
already taking steps necessary to prepare for such developments."
Meanwhile, cable companies dismissed lightly USTA's petition to require them 
to pay into telephone universal service fund on revenue from cable Internet 
services. FCC "ought not to concern itself with the petition," Comcast said, 
devoting less than page to topic in its 45-page filing. It said USTA's 
petition is based on assessment that cable Internet is telecom service, which 
is far from settled: "That, of course, is the open question." Even if cable 
Internet is telecom, Comcast said, there would be "no universal service issue 
that requires Commission clarification." It said FCC's policy has been not to 
apply universal service requirements to ISPs that "self-provide" underlying 
telecom service.
OPASTCO disagreed, saying requiring universal service contributions would "be 
consistent with the Commission's commitment to competitive and technological 
neutrality." It said allowing cable companies to escape contributing 
increases burden on other industries. -- Terry Lane, Sasha Samberg-Champion 

Folder Name: Telecom Services: Broadband Services 
Relevance Score on Scale of 100: 89

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