Here it comes: Regulation of the Internet and ISPs

[David Farber <dave () farber net>]

As they say, the best legislation money can buy. djf


Begin forwarded message:

From: Brett Glass <brett () lariat org>
Date: September 17, 2005 1:39:12 PM EDT
To: dave () farber net, Ip ip <ip () v2 listbox com>
Subject: Here it comes: Regulation of the Internet and ISPs


Here's some information on the broadband bill that's about to pass  
out of the House Energy and Commerce Committee. A bag of goodies for  
the reconsolidating Baby Bells, it has lots of implications for  
independent ISPs and WISPs -- not all of them good. For example, it  
requires all broadband ISPs to register with the FCC and ALLOWS THE  
FCC TO DENY THE APPLICATION AND PROHIBIT IT FROM OFFERING SERVICE.  
Yes, that's right, folks; if this bill goes through, you must say,  
"Mother, May I?" to be an ISP. It also requires all VoIP providers to  
ask government permission to offer VoIP.

It also mandates E-911 services for VoIP, thus disadvantaging  
independent VoIP providers. And it requires that VoIP providers be  
able to provide geographic information about callers (which implies,  
in turn, the ability to determine the physical location of any  
Internet user). So much for privacy or anonymity on the Internet!

Other provisions (it's a long, meaty bill) would likely give the  
cable/ILEC duopoly major advantages over independent ISPs and WISPs.  
Below is a Washington Post article on the bill, followed by a press  
release from the Committee, followed by links to a brief analysis and  
the text of the bill itself.

--Brett Glass

Draft Legislation Aims To Aid Competition In Broadband Services

By Arshad Mohammed
Washington Post Staff Writer
Friday, September 16, 2005; D02

A key House committee released draft legislation yesterday requiring  
broadband providers to allow their subscribers to view any legal  
online content, a policy aimed at keeping big Internet companies from  
restricting access to competitors' Web offerings.

The House Energy and Commerce Committee draft is a victory for  
advocates of "net neutrality" -- the idea that Internet providers  
have to stand aside and allow customers to access any Web pages as  
long as the content is legal. The principle is considered crucial to  
preserving the open nature of the Internet and preventing big  
broadband providers from squeezing out smaller competitors that offer  
voice, video or other services.

Another provision in the proposed law also makes it easier for  
telephone companies to offer television over high-speed lines. It  
seeks to free cable and telephone companies from having to negotiate  
video franchises with numerous local authorities around the country,  
instead giving the Federal Communications Commission more authority  
over the process.

That would largely benefit the major telephone companies like Verizon  
Communications Inc., SBC Communications Corp. and BellSouth Corp.,  
which hope to offer television over fiber-optic lines. Yesterday,  
officials at those companies reacted favorably to the legislation.

Other aspects of the draft legislation are aimed at making sure cable  
and telephone companies get equivalent regulatory treatment as they  
offer broadband Internet access.

The draft is a first salvo from the committee, which is led by Texas  
Republican Joe Barton, in what is likely to be a lengthy battle in  
Congress over any rewrite of the 1996 Telecommunications Act.

Article at:
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/15/ 
AR2005091502257.html

------

Committee Releases Draft Broadband Legislation

Section by Section Summary

Staff Discussion Draft

WASHINGTON - The House Energy and Commerce Committee today released  
bipartisan staff discussion draft legislation that is designed to  
grow the U.S. economy by accelerating the deployment of new Internet  
services for consumers.

"The Telecommunications Act of 1996 spurred the development of  
telephone competition, but no one could have foreseen the magnitude  
of the challenges and opportunities that the Internet age has  
presented. New services shouldn't be hamstrung by old thinking and  
outdated regulations," said Chairman Joe Barton, R-Texas. "We need a  
fresh new approach that will encourage Internet providers to expand  
and improve broadband networks, spur growth in the technology sector  
and develop cutting-edge services for consumers.

"Updating the 1996 law is one of my top priorities for this fall and  
this bipartisan discussion draft represents a solid first step. I  
especially want to thank Ranking Member John Dingell, Subcommittee  
Chairman Fred Upton, Subcommittee Ranking Member Ed Markey and  
Committee Vice Chairman Chip Pickering for their hard work and  
critical contributions."

"This staff draft is a very useful starting point in the process,"  
said Dingell. "I look forward to continued bipartisan efforts to  
resolve these tough issues, and to full and fair committee  
consideration."

Highlights of the staff discussion draft:

* Creates common regulatory definition for broadband Internet  
transmission services (BITS) which includes Digital Subscriber Line  
(DSL), cable modems, and other broadband services.

* Ensures network neutrality to prevent broadband providers from  
blocking subscriber access to lawful content.

* Provides a uniform, federal regulatory framework for broadband  
providers, Voice-over-Internet Protocol (VoIP), and broadband video  
providers, except in some areas where state or local rules still  
apply, such as rights-of-way.

* Authorizes the FCC to determine that VoIP can be required to  
contribute to the Universal Service Fund.

* Develops a streamlined franchising process for broadband video  
providers.

* Applies many current cable video requirements to broadband video  
providers.

* Allows municipalities to develop and deploy BITS, VoIP and  
broadband video services. However, municipalities can't provide  
preferential treatment for these services and must comply with all  
regulations governing private-sector providers.

* Ensures that VoIP subscribers have access to 911.

Source:
http://energycommerce.house.gov/108/News/09152005_1642print.htm

Section by section summary of the bill:
http://energycommerce.house.gov/108/News/09152005_1642print.htm

Draft text of the bill itself:
http://energycommerce.house.gov/108/News/09152005_staff_disc.pdf



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