SCN: URGENT -- FCC Set to Kill DSL on ISPs (fwd)

[Joel Ware IV]

FYI --

Joel Ware, IV           jw4 at scn.org
Volunteer Coordinator Emeritus, Member of Governance, HR, Ops, Board

---------- Forwarded message ----------
Date: Fri, 15 Feb 2002 09:28:01 -0800
From: Gary Gardner <exec-director at waisp.org>
To: announcements at waisp.org
Subject: URGENT -- FCC Set to Kill DSL on ISPs

Happy Valentines Day from the FCC -- they must really LOVE ISPs...

The Federal Communications Commission has instituted a rule making procedure
that would reexamine the terms and conditions under which telephone
companies may provide broadband Internet access.  The FCC stated that it
views this proceeding along with other recently initiated proceedings as the
vehicle for promoting investment in telecommunications infrastructure and
provision of broadband services to all Americans.

Under present rules, the telephone companies may provide Internet access and
other information services over their own facilities provided that they make
those same facilities available to independent ISPs on a non-discriminatory
basis (and well all know how well they obey this now!).  The FCC
announcement is that they have "tentatively concluded" that ILECs use of
their own facilities to provide broadband information services would be
subject to Title 1 of the Telecom act rather than Title 2.  Under this
approach the ILECs may not be required to make avialable to independent ISPs
the underlying transmission services such as DSL.

In addition, the FCC also announced that as part of this proceeding it will
consider imposing universal service obligations on ISPs and will examine
issues concerning migration of voice services to IP based services.

The net effect of this proposal would be two fold:

ILECs would no longer be required to sell DSL to independent ISPs using the
data-sub loop (you'd still be able to buy a WHOLE loop if you area  CLEC).

The FCC would charge a fee for each incoming dial up call on an independent
ISP to pay into the Universal Service account, just like the telco's pay now
(and pass on to you on their bill).

These two extremely dangerous proposals by the FCC would likely be the death
knell for the ISP industry as we know it.

Details are a bit sketchy as of Friday 2/15 -- the FCC has only announced
the barest outline of their idea, with the formal publication and full text
of the Notice of Proposed Rulemaking (NPRM), will be released soon.  Rich
Busch and I are discussing options on how to respond at the FCC.  Keep in
mind that playing on the FCC's grounds is VERY EXPENSIVE.  We'll hope to
have some options for discussion next week.

Below is an article from this morning's Seattle PI with a little more detail
-- including a quote from Qwest who can't wait for this to go into effect.
That alone should scare the dickens out of you.

http://seattlepi.nwsource.com/business/58450_dsl15.shtml

Meanwhile -- if you have recovered from this big news, and are sitting up in
your chair -- hold on.

Tauzin Dingell has been scheduled for a vote at the end of this month!
However, the FCC proposal is essentially Tauzin Dingell -- only we have much
less of a chance to fix it or to change the outcome.



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