IP: tempest in a teapot -- final word

[Dave Farber <farber () cis upenn edu>]

To: dfarber () fcc gov
From: <besbin () dlalaw com>
Subject: Laubach Report
Date: Fri, 9 Jun 2000 12:35:44 -0400

Mr. Farber:

I have been following the press on the previous availability of Mark
Laubach's report both through your "IP" list and in the trades. I just read
yet another report in the "Internet Regulation Alert" that quotes you on the
issue. I thought that you might also be interested to know that the report
was used last June by the Los Angeles Information Technology Agency staff in
forming their recommendation that the city not impose mandatory open access
as a condition of franchise transfer approval from TCI to AT&T. The staff
made it quite clear that their understanding at the outset of their inquiry
that open access was technologically infeasible had changed once the report
was circulated to them. They went onto conclude that mandatory open access
would be counterproductive in terms of the roll-out of both Internet over
cable and cable telephony in Los Angeles, and would embroil the local
franchising authority in inter-carrier interconnection and contractual
issues well beyond their competence. If you are interested, I will send you
a copy of the ITA report.

At any rate, I apologize for the length of this message. I was formerly
with the FCC's Cable Services Bureau, and authoried OPP Working Paper # 30:
"Internet Over Cable: Defining the Future in Terms of the Past." I would
very much like to speak with you sometime about these issues, and your take
on where things are going. This "tempest in a teapot" provided the excuse
to write.

Barbara Esbin
Dow, Lohnes & Albertson, pllc
(202) 776-2250