Re: Final Stimulus bill broadband provisions - 7.2 Billion, grants only, no tax credits, NN in, (c) filtering out

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Bruce Kushnick" <bruce () newnetworks com>
Date: February 13, 2009 11:59:17 PM EST
To: <dave () farber net>
Subject: RE: [IP] Final Stimulus bill broadband provisions - 7.2  
Billion, grants only, no tax credits, NN in, (c) filtering out

> the broadband portions of stimulus package amount to 7.2 Billion in
> loans and grants. These grants and loans do not have minimum bandwidth
> requirements, but the majority of them (the NTIA ones) will be subject
> to "interconnection and non-discrimination" obligations "to be
> determined" - but including as a minimum the provisions of the FCC's
> "Broadband Policy Statement" on network neutrality. The rural and
underserved area obligations are preferential, but non-binding.

This language means that the networks do not have to be "OPEN" or  
"AVAILABLE
FOR COMPETITION.

FCC 05-15 was the non-discrimination of VOIP providers -- but it clearly
states that broadband is NOT a telecom service --- and therefore DOES  
NOT
HAVE COMMON CARRIAGE OBLIGATIONS!

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-151A1.doc

For those who may not remember, when the FCC got rid of line sharing  
so that
customers could choose their own ISP over the wire, the FCC redefined
broadband as an 'interstate information service".

The FCC docket mentioned, therefore does not open up the competition  
level,
it only has to require that on the Internet level, the companies have  
some
principles they must respect.

Therefore, whatever is built is still not open under this law, unless  
the
NTIA, etc decides to rewrite the FCC's DSL line sharing decision.

B.





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