1. “Meet the Regulator” Network Reliability P.J. Aduskevicz ATT FCC Network Reliability & Interoperability Council Wireless Developments Dale Hatfield, Chief FCC 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

2. Standard Disclaimer The views expressed are my own and do not necessarily represent those of the FCC, any Commissioner, or my dog.

3. Robert Cannon Senior Counsel for Internet Issues Federal Communications Commission Cable Open Access

4. History

5. FCC 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)

6. FCC 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

7. Federal 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

8. The Present

9. Notice of Inquiry In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities NOI? Results?

10. Definition 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

11. 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

12. What is it?!? Telecom? Telecom Service? Information Service? Advanced Service (Sec. 706)? Cable? Other?

13. Open Access Cable? Telecom ATM Frame Relay | PPP Ethernet TCP / IP Applications HTML Telephony Mail Real HTTP Media Enhanced / Information Service Basic Telecom

14. 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.

15. Policy Considerations What are the benefits of a competitive ISP market? What market forces are at play? What are the technical or operational Issues?

16. Policy 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?

17. Participate 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/

18. Thank you! Robert Cannon Senior Counsel for Internet Issues FCC Office of Plans and Policy rcannon@fcc.gov 202-418-2421