1. Higher Education’s Role in Crafting a National Broadband Vision Garret Sern, EDUCAUSE gsern@educause.edu Dan Updegrove, University of Texas at Austin updegrove@mail.utexas.edu EDUCAUSE Southwestern Regional Conference Austin, Texas February 17, 2005 Copyright Garret Sern 2005. This work is the intellectual property of the author. Permission is granted for this material to be shared for non-commercial, educational purposes, provided that this copyright statement appears on the reproduced materials and notice is given that the copying is by permission of the author. To disseminate otherwise or to republish requires written permission from the author.

2. Communications as we knew it… VOICE WIRED VOICE WIRELESS AUDIO/ VIDEO BROADCAST TV/RADIO VIDEO CABLE TV Title II LAW Title III Title VI

3. Communications + the Internet… VOICE WIRED + Internet Access VOICE WIRELESS + Internet Access AUDIO/ VIDEO BROADCAST TV/RADIO VIDEO CABLE TV + Internet Access Title IITitle III Title VI LAW

4. Two Worlds Telecommunications Service: (phone to phone) Provides basic voice service for a fee Highly regulated Behavior (anti-trust, consumer protection…) Revenue (USF, 911…) Information Service: (computer to computer) Provides enhanced communication service that involves data storage/processing i.e. Internet access, voice mail…. Unregulated

5. If in doubt don’t regulate “First do no harm”… Chairman Powell

6. We haven’t regulated the Internet because we didn’t know how to… Senator Cantwell Prediction: VoIP is going to make them figure it out

7. BOULDER, Colo. -- Outgoing FCC Chairman Michael Powell said today he thinks the Telecom Act of 1996 is broken but to completely rewrite the law would be a mistake. Powell said reopening the Telecom Act to a total rewrite could take seven or eight years and would open it up to a wide range of political influences. "The future [of VoIP] is very bright," Powell said. "But it's emblematic of something bigger. We need to get past VoIP." -- Wireless Week, February 14, 2005

8. But, what if a lot of people switch to VoIP? What happens to: 1.Law Enforcement Access (CALEA) 2.Emergency 911 Service (Public Safety) 3.Access for the disabled (Disabilities Act) 4.Support for the Universal Service Fund 5.State revenue…. 15% (sin tax) 6.Market competition (increase? decrease?)

9. Where regulations are going… the “layered model” phone cellular cable satellite Content: text, speech, music, video, etc Applications: web browsers, email client etc. Physical: access and transport modem, DSL, cable, fiber, WiFi, etc. Logical: TCP/IP protocol suite

10. Critique of “Layered” Model MCI calls its layers model “a horizontal leap forward.” Turning stovepipes on their side is not a leap forward, but rather an invitation to stultify the continued evolution of our physical networks and the service applications that may be integrated into such networks. It is difficult, if not impossible, to predict, especially in a technologically dynamic environment, how network platforms or the Internet (really a network of network platforms) will evolve on a technical or functional basis. Today’s layers may be obsolete tomorrow. - Randolph J. May, “Replacing Stovepipe Regulation With Competition Policy”, Digital Age Communications Act Project, Progress and Freedom Foudation

11. Changing Leadership at the FCC Powell’s Departure in March Ends Beginning of “Deregulatory Era” at the Commission Possible Successors: Commissioner Kevin Martin Assistant Secretary of the NTIA Michael Gallagher Former head of the Texas PUC, Rebecca Klein

12. Congressional Landscape Senate Commerce Committee leaders hail from rural states Chairman Ted Stevens (R-Ak) consolidating power by eliminating Senate Commerce Communications Subcommittee Final staff assignments still in question No Hearings Scheduled; Instead, “Regional Listening Sessions”

13. Industry Proposals MCI (now Verizon?) Layered-Model http://global.mci.com/about/publicpolicy/presentations/horizontal layerswhitepaper.pdf NMRC Critique of MCI Proposal and ‘Not in the Public Interest - The Myth of Municipal Wi-Fi Networks’ http://newmillenniumresearch.org/archive/ Progress and Freedom Foundation’s Digital Age Communications Act Project http://www.pff.org/daca/

14. Watching the States At least eight states have already introduced telecom-related legislation this year Promoting broadband deployment and restricting communities ability to build community networks among the bills Do you cover your state legislature?

15. Growth of Municipal Networks Communities Tired of Waiting for Commercial Providers are Building Their Own Networks However, Providers Crying “Unfair Competition! Supported By Taxpayer Money” Legislative/Legal Challenges Supreme Court Case (Nixon vs. Missouri Municipal League) PA Law HB 30

16. The Impact on Campus: why should you care? Budgets: Costs will change: public services such as CALEA, E911, USF must be funded Demand for new services will increase Loss of income (i.e. cell phones impact on long distance revenue & hard-wire lines); Really Market Issue? Innovation: Stifled by regulation Regulations, if any, need to be carefully tailored to the Internet’s unique character

17. What Does Our Community Bring to the Table? Vision of the Internet’s Potential Experience Using Tomorrow’s Applications Today Dealing with the Practical Technical Challenges Associated with Incorporating the New Technology (ex. Ensuring E911 Access with VOIP) We helped invent the Internet!

18. A Vision for a National Broadband Network Net@EDU Broadband Policy Group White Paper: “Broadband America: An Unrealized Vision” http://www.educause.edu/BroadbandPricingGroup/929 Three Key Principles: Affordable Broadband Access A New Regulatory Structure Federal R&D Support

19. Broadband Policy Goals A Revitalized National Broadband Internet Vision New Telecommunications Legislation Local Government Provision of Broadband Network Access New Approaches to Universal Service Federal Funding of Cyberinfrastructure R&D

20. Elements of a Revitalized Vision an open, secure, reliable network that continues to be based on freely available, interoperable, international technical standards; network access prices that are reasonable, nondiscriminatory, and universally available on a nationwide basis; network access bandwidth at a minimum of several megabits per second (in both upstream and downstream directions) that is easily and transparently scalable to hundreds of megabits;

21. Elements of a Revitalized Vision a national commitment, including by industry and all levels of government, to deploy technologies that meet the bandwidth standard above to 80 percent of American homes and businesses by 2007 and to all homes and businesses by 2012; network access based on the IP transport layer standard that is open to all providers of higher-layer services and applications on an affordable and nondiscriminatory basis; network access that is standardized for the delivery of essential residential and business public services, including police, fire, health, civil defense, and national disaster response.

22. Engaging Policymakers Submitting Comments: Section 706; Broadband Over Powerline; IP-Enabled Services; Spectrum Reform; CALEA Meeting with Staff at All Levels Commenting on Proposed Legislation Testifying Before Committees Providing “Real Life” Examples of How Our Community Uses the Network Outreaching to District Offices

23. Leveraging and Forming Partnerships Association Partners (Presidential Associations: ACE, AAU, AACC; Libraries: ARL; ALA) Industry (ITAA, CRA, BSA, USISP Association) State Focused Organizations (NGA, NARUC) Other Sectors (Healthcare, Manufacturing)

24. More Information EDUCAUSE Policy Website http://www.educause.edu/policy Net@EDU Working Groups http://www.educause.edu/netatedu Policy 2005 http://www.educause.edu/pol05