1. Open Access in CCSF Report to Telecommunications Commission December 20, 1999

2. Agenda n Purpose & Objectives n General Considerations n Draft Detailed Report Outline n Developments n Policy Options n Next Steps

3. Purpose & Objectives n Events leading up to tonight – BOS Resolution – Information gathering – Draft report n Tonight’s objectives – Review draft & discuss policy options – Receive Commission & public input

4. General Considerations n Non-discriminatory access to – Content on the Internet (information) – Broadband access services (transport) n BOS Resolution generally supports n Directed to report back re: developments n DTIS focused on implementation n Application to all cable franchises

5. Draft Detailed Report Outline n Definitions n Background n Developments n Broadband Services & Market n Policy Considerations n Policy Options

6. Definitions

7. Background n BOS Resolution n Sources of Information – RFI October 1999 – Commission’s Public Hearing November 1999 – Electronic forum, public documents, tours, and meetings with industry experts n Project Time Line

8. Developments n Judicial n Regulatory n Legislative n Other Jurisdictions n Technical

9. Broadband Market Place n Residential/Small Businesses Alternatives – Cable Modems – Digital Subscriber Line (DSL) – Wireless – Satellite – Electric Utilities n Broadband ISP Market

10. Policy Considerations n Opportunities for Discrimination – Current restrictions – Content bias – Restricting access to content – Prominence of information n Access for people with disabilities

11. Policy Considerations n Necessity: What is at stake for consumers? – Competition n Transport n ISP Services – Incentives for investment – Incentives for innovation – Alternative means

12. Policy Considerations n Feasibility: Can we effectively impose? – Technical issues – Regulatory issues – Additional costs – Timing considerations

13. Policy Options n Access to content – Adopt specific requirements – Maintain general requirements – Possible broader applicability n Access to broadband transport services – Monitor for possible future implementation – Require by January 1, 2003 – Require now

14. Open Access to Content n Option 1: Adopt Specific Requirements – Require cable companies & affiliated ISPs n Treat all Internet traffic equally n Prohibit blocking or limiting access n Prohibit making it more difficult or cumbersome – Access through single click on icon – Require local peering – Require access for people with disabilities

15. Open Access to Content n Option 2: Adopt General Requirements – Maintain current AT&T franchise language – Apply to all franchises n Possible broader application

16. Access to Broadband Transport n Option 1: Monitor for Possible Future Implementation – Annual reporting requirement n Deployment n Penetration n Customer Services n Voluntary agreements n Acceptable use policy – Beginning 2001, recommendations to BOS

17. Access to Broadband Transport n Option 1: Monitor for Possible Future Implementation – Impose if n Develop market power n Discriminate against outside content n Fails to enter into voluntary arrangements n Required to offer elsewhere n Provides poor service quality

18. Access to Broadband Transport n Option 2: Require by January 1, 2003 – Avoids delaying initial deployment – Industry can address technical & business issues – Reduces costs – Coincides with large scale deployment – Cable operator can have lifted if all are true n Consumer has @ least 2 broadband substitutes n Voluntary agreements w/unaffiliated ISPs exist n Treats all traffic equally

19. Access to Broadband Transport n Option 3: Require Now – Access to transport @ rates, terms and conditions as favorable as self & affiliates – Provided at n Point where provides access to itself & affiliates n Any reasonable, technically feasible point – Between user & his/her ISP interconnection – Enforcement options n Private right of action n By the City

20. Next Steps n Incorporate input n Receive final input from City Attorney n Develop recommendations n Complete report NLT January 15th n Commission takes action January 24th n BOS considers report & Commission action

21. QUESTIONS?